Justin Berry

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Justin Berry
Image of Berry (left) from mexicofriends.com, one of his websites
Born July 24, 1986
Bakersfield, California, United States

Justin Berry (born 24 July 1986) is an American who operated a teenage pornography Internet site featuring his own erotic performances beginning at the age of 13. Over the course of five years, more than 1,500 people paid Berry to appear naked and engage in sex acts on camera. In the process of operating his for-pay sites, he met several of his website's members in real life, accepted money and gifts from them and later raised allegations of molestation by them in an interview with The New York Times. Berry abandoned his business in 2005 and became a witness for both federal and state investigators in a large scale child pornography investigation. Berry's national notoriety was increased by his February 15, 2006 appearance on The Oprah Winfrey Show and 4 April 2006 appearances, first on C-SPAN while testifying before Congress, and later for an interview on Larry King Live.

Contents

[edit] New York Times interview

The following is based in part on an account given to New York Times reporter Kurt Eichenwald by Berry, which the Times has reported was confirmed with "thousands of pages of evidence" including online conversations and financial records Berry maintained. The Times first printed the story on 19 December 2005. Other information was contained in Berry's April 4, 2006 testimony before Congress as well as other sources, and largely reflects his version of the story.

[edit] Webcam use

In his interview with Eichenwald, Berry stated that at age 13 he began receiving offers of gifts from adults in exchange for disrobing on webcam. He was first offered $50 for removing his shirt. "I figured, I took off my shirt at the pool for nothing, so, I was kind of like, what's the difference?" [1] After that he set up a wishlist on Amazon.com and received items from the list in exchange for webcam performances. [2]

Requests for Berry to perform on camera gradually became more explicit at the request of viewers, progressing from full frontal nudity to masturbation. In his Congressional testimony, Berry said that the effort to convince him to fully disrobe on camera was slow, and that at age 13, "the horror of what was happening did not strike me." [3]

Ken Gourlay with Justin Berry at a Mexican airport
Enlarge
Ken Gourlay with Justin Berry at a Mexican airport

[edit] Meeting with Kenneth Gourlay

Soon, men began to reach out to him repeatedly. Berry testified that in 2001 one man from Michigan, Ken Gourlay, then 23, asked him to work for his company, Chain Communications, and encouraged him to attend an elite computer camp held in the summer of 2002 at the University of Michigan in Ann Arbor. Gourlay allegedly molested Berry while Berry was in Michigan attending this camp. The molestation changed Berry, he testified: "With the help of my family and my psychologist, I now understand that my molestation by Ken was a turning point that sent me on a path to self-destruction. Afterwards, Ken apologized, promising me it would never happen again. But it did."[3] Berry's relationship with Ken Gourlay is confirmed by Gourlay's blog entries regarding a conversation[4] & a planned meeting with Berry.[5]

[edit] Prosecution of Gourlay

On May 16, 2006, the Detroit Free Press reported that Gourlay, 28, was charged by Michigan attorney general Mike Cox with 10 felony counts, including two counts of enticing a child to engage in sexually abusive activity, one count of third-degree criminal sexual conduct, and two counts of distributing child sexually abusive material, based on incidents taking place between 2001 & 2003. Berry had testified that Gourlay had molested him during visits to Gourlay's home in Washtenaw County that took place during & after the computer camp he was attending. Cox stated, in a press conference, that "during the course of these meetings, Kenneth Gourlay got Justin to prostitute himself," although Berry's statements in the New York Times and elsewhere appear to contradict this statement. Gourlay, who appeared at the same Congressional hearing as Berry, refused to answer questions about his relationship to Berry, citing his Constitutional right against self-incrimination.[6]

The Free Press article goes on to quote Berry's attorney, Stephen Ryan of Washington, D.C., as saying Berry was "thrilled" by Gourlay's arrest, and that Berry had been in Michigan on Sunday, May 14, helping authorities prepare for the arrest. Gourlay was arraigned May 15 in Michigan District Court in Washtenaw County and was held in protective custody on $500,000 cash bond.[6]

[edit] Rescheduling of preliminary hearing

On June 13, the Detroit Free Press quoted Gourlay's defense attorney, James Howarth, as saying June 12 that Berry has been hospitalized, and that it was emotionally related.[7] On June 14, the Lansing State Journal stated that Gourlay's preliminary hearing has been set for Thursday, June 15 and Friday, June 16, in Michigan District Court in Ann Arbor, Michigan, but that Berry's hospitalization may delay proceedings. [8] The preliminary hearing was, indeed, later postponed until 14 July.[9]

Howarth said he will ask that Gourlay's bond be reduced because of Berry's inability to appear in court. "Mr. Gourlay should not be held hostage while his accuser's emotional problems are sorted out," Howarth said. "He is being held in protective custody, which is the nice way of saying he is in solitary and locked down." When Berry does appear, this would be one of the first times he has faced hostile questioning about his experiences. As Howarth said, "Yes, he's been before Congress, but that was pretty friendly questioning and he was under U.S. Justice Department immunity." [7]

[edit] Preliminary hearing held

The Ann Arbor News reported that Gourlay had his preliminary hearing on Friday, July 14. He is charged with a count of third-degree criminal sexual conduct, a felony with a sentence of up to 15 years, and nine other charges, including two counts each of enticing a child to engage in sexually abusive activity and using a computer to engage in child sexually abusive activity - felonies carrying a 20-year sentence each. Berry spent the better part of five hours Friday testifying about how Gourlay had molested him and how he & Gourlay had run a successful for-pay Web site on which Berry performed various sex acts. Berry's testimony largely repeated his prior statements about Gourlay, but elaborated on several points. Berry also testified that Gourlay set up subscription websites that garnered large profits that Berry later spent on lavish items, trips and cocaine, while avoiding paying taxes on the income.[10] Berry reportedly had problems remembering how old he was during portions of his life he was describing. An eyewitness at the hearing claims that Berry kept looking at the judge and asking, "How old was I?"[11]

The start of the hearing was delayed while prosecutors argued to keep portions of the testimony closed to the public, while Gourlay's attorney argued in favor of his client's right to a public trial. Michigan Special Assistant Attorney General Douglas Baker spoke in favor of a more private hearing, arguing that Berry, recently hospitalized for a mental breakdown, is in a delicate state and being treated with psychiatric medications. James Howarth, Gourlay's attorney, used Berry's mental state to challenge his credibility. Howarth also argued that Berry's federally-brokered immunity agreement raises doubts about Berry's credibility. Under the agreement, in exchange for his cooperation with prosecutors, Berry cannot be tried for money laundering and enticing minors to engage in sexual activity.[10]

[edit] Berry's preliminary hearing testimony

In his testimony, Berry referenced the 2002 visit during which Gourlay took him, then about 16, to his apartment, where they engaged in oral sex. He stated that later that year, under the guise of a business trip designed to fool Berry's mother, Gourlay drove him to Virginia to have sex with a girl who was either 12 or 13. Berry became very agitated when describing Gourlay's attempt to convince Berry he was homosexual: "He said I was gay and said just try it," he sobbed. "It confused me ... it messed me up so bad, so bad that to this day I have problems." He also said he told Gourlay he loved him because Gourlay persuaded him to believe it. During Berry's testimony, Gourlay mostly sat quietly looking at papers on the defense table that concealed his shackled hands. During a cross-examination laden with objections from the prosecution, Howarth also pressed Berry into admitting that he began his Internet sexual performances by stripping and masturbating for money long before he knew Gourlay.[10]

[edit] Edward Mulak's preliminary hearing testimony

Also testifying Friday was Edward Mulak, Gourlay's former roommate. Although Berry had earlier stated that he only knew of Mulak as "a roommate of Ken's," Mulak testified that Berry had encouraged him to sell his own masturbation video.[11] Mulak pled guilty to computer-related child pornography charges & was granted probation in exchange for his testimony. After the hearing, Gourlay remained in custody on $500,000 cash bond.[10] After Berry gave his evidence, Gourlay's attorneys moved to have eight of the ten felony counts against him dismissed. District Judge J. Cedric Simpson said he would rule 1 August on whether Gourlay should stand trial.[9]

[edit] Subscription services

In the aftermath of his molestation, Berry testified that he began to act out sexually. He formalized his webcam business, putting together a site called justinscam.com. Several of Berry's subscribers also bought him more advanced webcams and upgrades via his Amazon.com wishlist, to improve video quality.

In response to offensive messages from a justinscam customer, Berry established a new site called jfwy.com with a flat $45 per month fee and separate rates for private performances. According to Berry's testimony, Gourlay offered to set up the membership section and host the site through his former company.

[edit] Payment processing

In late 2003, Berry switched his payment processor to Neova.net after he was banned from PayPal for supplying adult content in violation of their terms of service. Berry would later turn over documentation to the FBI that indicated that Neova.net owner Aaron Campbell Brown, 25, of Boston, was aware of his activities as well as his being underage while engaging in those activities. It is alleged by the FBI that Neova provided services to multiple child pornography websites that more reputable companies would not allow. Mr. Brown has been charged and faces a 20 year minimum sentence in federal prison if convicted. Brown has pled not guilty to the charges and is being held without bond pending trial. Brown's company continues operating under the name LiveCharge.net. Previous to Berry's switching to Neova his services were processed through PayPal, but it is unknown if any executives of PayPal will be charged. However, Berry's and others' statements indicate that PayPal took steps to block Berry's use of their service upon knowing the sort of services Berry was charging for, which would make the prosecution of PayPal more difficult and less likely.

[edit] Dealings with Gilo Tunno

Another subscriber, Gilo Tunno, began talking to him about computers. Tunno told Berry that he worked at Intel, and was part of the team that had developed the Pentium 4 processor. Berry testified that Tunno offered to come to Bakersfield and "hang out" with him. Tunno arrived, Berry testified, and they discussed computers. At some point, Tunno gave Berry a $1,500 projector. That same trip, Berry testified, Tunno molested him. Later, Tunno offered Berry money (stated to have been "thousands of dollars" [1]) to meet in Las Vegas, Nevada. While in Las Vegas Tunno initiated sexual contact with Berry, and later arranged to pay the rent on an apartment used to allow Berry to give further webcam performances outside of his home.

[edit] Self-destructive behavior

The Times reported that by early 2003 (at age 16), Berry's online affiliations began to interfere with his offline life, including the distribution in his hometown and school of images from his performances.

By his own account, both in his testimony and his statements to the Times, Berry stated that he "progressively became corrupted and acted in shameful ways." He "came to only care about the money that could be made" from his business. In the words of the Times, he lied to his family, became a vicious competitor to other kids with webcams, and seemed to lose all sense of morality.

[edit] Justinsfriends.com

Berry took steps to apparently end his involvement in webcam performances and prostitution, including travel throughout the United States and altering his website to display Biblical quotations. These efforts were hindered by the financial burden of his substance abuse. Greg Mitchel (see "Business activities with Greg Mitchel" below) again contacted Berry, convincing him to participate in the construction of a new site called justinsfriends.com. This site featured performances by Berry and other adolescent and adult males. Some previous customers of JustinsFriends.com have complained that, since Justin Berry advertised the website as a legal adult gay pornography site, they should not be held responsible for the child pornography content they had purchased.

[edit] Moving to Mexico

Due to the stress of events in his hometown, Berry moved to Mazatlán, Mexico to stay with his estranged father. His father became aware of the source of Berry's funds and they collaborated on a new site titled mexicofriends.com.

Performances on mexicofriends included Berry having sex with prostitutes. The standard rate for membership was $35 per month with discounts for purchases of three, six, or twelve month memberships. Berry stated that, at the time, he was regularly using marijuana and cocaine, habits supported by mexicofriends profits. His father assisted in obtaining prostitutes for performances, and shared in these profits.

[edit] Business activities with Greg Mitchel

In fall 2003, mexicofriends subscriber Gregory John Mitchel, 39, of Virginia, contacted Berry to arrange to visit him in Mexico. Mitchel offered to visit Berry (then 17 years old) and engaged in sexual contact with him. By that point, Berry testified, he "no longer cared about being molested", saying of Mitchel, "I just wanted his money." [12] However, the contact between Berry & Mitchel would not be considered molestation under Mexican law.

In January, 2006, Mitchel pled guilty in federal court to child pornography charges stemming from his production and distribution of videos showing performances by Berry while he was still underage. Berry had said that Mitchel molested him and that they later went into business together running a Web site. After Berry's activities were discovered by the New York Times, Berry left the Web site business and reported Mitchel to authorities.[7] Friday, 14 July, 2006, Mitchel was sentenced to 150 years in prison for sexually exploiting minors and operating child pornography websites. Mitchel had previously been convicted of child pornography crimes.[9]

[edit] Meeting and collaboration with Kurt Eichenwald

Almost a year after Berry turned 18, he was contacted anonymously online and asked to attend a face-to-face meeting in Los Angeles. Despite concerns that the contact might be a law enforcement officer, Berry agreed to the meeting. The person who had contacted him identified himself as New York Times reporter Kurt Eichenwald, who had initially discovered Berry's mexicofriends site on a message board post, claiming that Berry's site, among others, were part of an 8-month-long fraud investigation involving INTERPOL agents.

Eichenwald requested demonstrations of the workings of Berry's online business which Berry provided, including live conversations with subscribers. After Berry revealed the identities of children who were being exploited by adults, Eichenwald persuaded him to discontinue the business and turn his information about those minors over to the federal authorities (Federal Authorities have since learned that only one minor was actively being abused, and that abuse was committed by Justin Berry). Eichenwald contacted a lawyer, who agreed to represent Berry, and who obtained an immunity agreement from the government in exchange for his cooperation.[13] As a result of this agreement he could not be prosecuted for multiple crimes including production and sale of child pornography, child molestation, insurance fraud, credit card fraud, internet fraud, wire fraud, immigration fraud, and tax evasion for over $500,000.

[edit] Testimony before Congress

On April 4, 2006, Justin Berry appeared before the House Subcommittee on Oversight and Investigations for testimony on "Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators." In this testimony he stated that "My experience is not as isolated as you might hope.." and went on to detail his ordeal. He expressed frustration that more was not being done to bring the perpetrators to justice, specifically those who molested him. Members of the committee said his testimony had fueled a new effort to toughen up the laws against the producers and purchasers of child pornography. They also praised his courage in stepping forward, with one Congressman going so far as to suggest that any new legislation that emerged from this new effort to combat child pornography be named "the Justin Berry Act."[3]

[edit] Consequences

On May 25, 2006, Eichenwald received a Payne Award for Ethics in Journalism for his work on the Berry story.[14]

On June 13, the Detroit Free Press reported that Kenneth Gourlay's defense attorney, James Howarth, said June 12 that Berry has been hospitalized, and that it was emotionally related, but said he was not given further details. Howarth said that he is in the dark about what effect Berry's hospitalization will have on the case against his client. Michigan Special Assistant Attorney General Douglas Baker said he planned on being in court on June 15 as scheduled, but declined further comment. [7]

[edit] Controversy

After the story broke in the New York Times in December, 2005, there was both praise for the article and skepticism about some of the actions that were taken by Eichenwald.

Slate questioned whether Eichenwald's role in the case compromised his objectivity, criticizing the reporter for aiding Berry and bringing him to the government. In February, an article [15] in The Guide Magazine, a monthly gay publication, repeated these concerns. Calling Eichenwald's story "broadsheet journalism marinated in tabloid ideas” and “an alarmist exercise,” the article asks: "To what extent was Justin, who had made a career out of catering to men's fantasies, cravings, and projections, telling Eichenwald just what he wanted to hear? Did Justin, confronted with an authority figure who had cast himself in the dual role of savior and cop, cooperate mainly out of fear of prosecution?" The article also draws attention to the possibility that some of the subscribers to Berry’s sites may not have been aware that they were viewing illegal material. (Others [16] raising this possibility have pointed to web archives and Google caches [17] of Berry’s web sites, showing that they were advertised as offering legal pornography.)

Others took a very different view. Alex Jones, director of Harvard's Shorenstein Center on the Press, Politics and Public Policy, speaking on National Public Radio, called Eichenwald's story "superb journalism," and praised the Times for its efforts. "The New York Times saved Justin as well as telling his story. And they probably saved a lot of other Justins by telling that story. The Times did its journalistic duty with distinction, but in this special situation, Eichenwald and The Times also had a human responsibility and they met that, too." [18]

On January 15, 2006, the Public Editor of the Times published conclusions from his own investigation of the way the Berry article was prepared. The Editor, Byron Calame, wrote that he began with concern about Eichenwald's detachment, but they were alleviated as he discovered all the care that had gone into ensuring the story was accurate and fair. "I found that special care and consultation had gone into the balancing process that occurred throughout the reporting and editing of the article. The result: an article prepared ethically in the broadest possible sense." Calame concluded, "Readers were well served by the special care that the reporters and editors at a newspaper with The Times's resources could devote to balancing the humanitarian and journalistic values involved in producing this sensitive and poignant article." [19]

Not everyone agreed. On February 5, 2006 the New York Times published two letters to the editor sent in response to Calame column. Both call into question Eichenwald's personal involvement in a story he was reporting, and the motivations that lay behind Berry's decision to close his business and cooperate with the government.[20] [21]

[edit] References to the story in other media

[edit] References

[edit] Footnotes

  1. ^ a b Through His Webcam, A Boy Joins A Sordid Online World," The New York Times, December 19, 2005
  2. ^ Justin Berry's Amazon wishlist
  3. ^ a b c Congressional Hearing Testimony of Justin Berry before the Investigations Subcommittee of the House Energy and Commerce Committee, April 4, 2006
  4. ^ Portion of chat between Berry & Gourlay -- from Gourlay's blog
  5. ^ Gourlay blog entry about a plannned meeting with Berry -- from Google's cache
  6. ^ a b Detroit Free Press article on Ken Gourlay's arrest
  7. ^ a b c d Detroit Free Press article on Berry's hospitalization
  8. ^ Lansing State Journal article on Ken Gourlay's trial & Berry's hospitalization
  9. ^ a b c Greg Mitchel sentencing & Ken Gourlay case update - Associated Press
  10. ^ a b c d Description of Berry's testimony at Gourlay's preliminary hearing from the Ann Arbor News
  11. ^ a b Description of Berry's testimony at Gourlay's preliminary hearing from Queerplanet.us
  12. ^ Press release on Greg Mitchel Plea - U.S. Department of Justice
  13. ^ "Story Unfolds of Minors and Web Camera Porn" - NPR
  14. ^ Announcement of Kurt Eichenwald's Payne Award for Ethics in Journalism
  15. ^ Guide Magazine article criticizing Eichenwald's actions
  16. ^ Letter to the Editor Salon.com
  17. ^ Google cache of Berry's websites
  18. ^ NPR interview NPR interview with Alex Jones, Harvard University
  19. ^ Calame, Bryong. "Doing Good and Telling a Good Story: A Delicate Balance". The New York Times. January 15, 2006. Retrieved June 29, 2006.
  20. ^ Kaplan, Jay. "Other Voices: But What News Goes in That News Hole?; Justin Berry's Story". The New York Times. February 5, 2006.
  21. ^ Harrison, Douglas. "Other Voices: But What News Goes in That News Hole?; Justin Berry's Story". The New York Times. February 5, 2006

[edit] External links

Retrieved from "http://en.wikipedia.org../../../j/u/s/Justin_Berry_85b1.html"