No Bail for NY Man Accused of Raping Toddler in Pittsfield
A Hudson, NY man was arraigned Thursday afternoon in Berkshire Superior Court on several charges.
Gary Montana, 32, appeared before Judge John Agostini and had not guilty pleas entered on his behalf for one count each of aggravated rape of a child with force, aggravated indecent assault and batter on a child under 14 and posing a child in a sexual act.
Judge Agostini, according to the Berkshire County District Attorney's Office, ordered that Montana be held at the Berkshire County House of Correction without the right to bail pending a dangerousness hearing on Sept. 19.
The incidents are alleged to have occurred in Pittsfield on Jan. 1, 2018 and involved an 18 month old boy. Montana was arrested at his home by NY State Police last month when he was a fugitive in Pittsfield on the charges he faced in court on Thursday. Montana, along with Erica Emerling from Pittsfield, were indicted on the charges on Aug. 8.
Emerling was arraigned on the charges on Aug. 27 and, according to the Berkshire County DA's Office, was released on her own recognizance on the condition she have no contact with the child. Emerling is due back in court in February 2019.
The investigation was conducted by members of the Pittsfield Police Department.