GenQ - For the not so straight individual

Disclaimer: Please note that queerplanet and the author of this article in no way supports or condones individuals or groups who exploit or manipulate minors for sexual gratification. We are not supporting pedophilia or boy-love. It is part of our charter to protect young people and we have a duty of care to protect anyone we feel is being harmed. The purpose of this article is to raise issues and questions that have been made apparent by this case and hopefully to bring balance to the reporting of this story.

Justin Berry made his first ever court appearance at the hearing of Ken Gourlay today. Berry was previously meant to testify on June 17 but was hospitalized for psychological reasons.

According to an eyewitness in court today while being questioned Berry repeatedly looked at the judge and asked "How old was I?" We have previously questioned the verasity of Berry's allegations and the many inconsistencies in his timelines, but it seems he is having trouble remembering now too. We have also raised questions as to his motivations. His apparent confusion as to his age when situations occurred also extends to who he had working for him. When he was asked if he knew witness Edward Mulak, Berry responded "I knew he was a roomate of Ken's (Gourlay) thats all.", but when Mulak was on the stand he testified that he had made a masturbation video and sent it to Berry because at the time he was broke and needed money. He had been in communication with Berry online at the time. Berry is also reported to being confused when being cross examined by Howarth, repeatedly saying he didn't understand the question or asking why it was relevant. The trial was also delayed when Berry asked for the media and spectators to be removed from court while he testified. The judge refused. This is probably the wrong time, after Oprah and Larry King to get media shy.

It was also reported this week that investigators have been handed the names of the 1500 members of Berry's pornographic website.

The referrals for possible prosecution were made late last month to attorneys general in 46 states by the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee. The information provided to prosecutors included names, credit card information and identifying details of the computers used to purchase monthly memberships at an illegal child pornography site.

The records were turned over to the committee by Berry who, beginning at age 13, ran a pornographic Web site featuring images of himself streamed onto the Internet through inexpensive Webcams.

Since July 2005, Berry has been cooperating with the Justice Department in an investigation of people who helped market, promote and support his Webcam business. In his congressional testimony, he criticized federal prosecutors for failing to pursue the 1,500 people who subscribed to the multiple sites he ran. Department officials responded that they were conducting an active investigation of Berry's allegations. As part of his testimony, Berry provided the subcommittee with 1,071 credit card transactions for one of his Web sites, called mexicofriends.com. Subcommittee staffers said that there were fewer subscribers in the records than transactions, because the documents included renewals and names of people who tried to sign up several times with different credit cards.

Berry also testified that in no way did his sites advertise that all models were over 18 years.We have found differently, see here: http://web.archive.org/web/20040125125518/http://mexicofriends.com/ bottom of the page and the line that says "THIS SITE CONTAINS NO CHILD PORNOGRAPHY OR ANY OTHER ILLEGAL CONTENT". This begs the question, on what grounds can any of these people be prosecuted when they signed up innocently, believing that they were seeing other adults. There was only one actual proven underage "performer" on Berry's site and that occurred after Berry had been in contact with the FBI and the NY Times. The only person who was deceptive here is the person that has immunity from prosecution. Berry also testified today that he had sex with a 12 year old girl in Virginia.

Questions are now being asked as to Berry's mothers' involvment in this after some new evidence has surfaced that alleges she knew all along what her son was doing. Justin's father has already been accused of allegedly paying for prostitutes for Berry's videos.

Age is the biggest factor in this case and one that affects Justin Berry the most. Was he underage? Was he legal age? That seems to change depending on what he is talking about. No wonder he is confused. The number of inconsistencies surrounding this case is growing daily and we will keep you up to date on what happens, plus an eye witness account of today's court appearance.