A Yakima man charged with forcing teenage girls to give him sexually explicit videos will be allowed some internet access.
Craig Michael Berry, 36, who was initially ordered to stay off the internet completely, will be allowed to use a single electronic device so he can file for unemployment and take care of his finances.
Yakima County Superior Court Judge Jeffery Swan said his Monday order balances Berry's presumption of innocence, public safety and the realities of living in a world where many routine activities are conducted online.
"I think this gets Mr. Berry where he needs to be to make sure he can function in a modern-day environment where one does have to have (online) access to do banking, apply for benefits, have email contacts," Swan said. "These are all things we need to have to make sure Mr. Berry remains in compliance."
Berry is accused of communicating with at least seven teenage girls through online social media, where he offered them gifts ranging from food to drugs to lingerie in return for them sending him nude videos and pictures.
Berry has been charged with multiple counts of sexually exploiting minors, commercial sex abuse of minors, communicating with minors for immoral purposes and giving minors alcohol and marijuana. He also faces a single count of sexually molesting a minor after one of the girls said he groped her breasts under her clothing, according to court documents.
Yakima police are continuing their investigation into the case, and Sgt. Jacob Lancaster said detectives are looking into the possibility that Berry could have contacted more girls.
YPD's investigation began in early October, when police received information that Berry was paying teenage girls for nude images.
The investigation led to the identification of several girls who said that Berry met them either at a haunted house he was running or through social media, according to court documents.
Berry, the girls told investigators, would buy them various things, ranging from food to cellphones, alcohol and marijuana. He then demanded the girls send him nude photos, also giving them lingerie and sex toys to use in videos, the court documents said.
In one case, Berry threatened to cut off a girl's cell service if she didn't comply with his demands, and another girl was told that he would turn her in for child pornography if she didn't do what he said.
Police arrested Berry Oct. 20, and he was released after posting $50,000 bail, with orders not to contact anyone younger than 18 who was not a family member. He was specifically told to stay away from the girls and not use the internet until his case was concluded.
The court's Pretrial Service reported that Berry violated those terms when he was conversing with a minor while playing video games online through the Twitch streaming service. Berry's bail was increased to $70,000 and he was again told to stay off the internet.
Berry's attorney, Jeff West, sought to have the internet ban modified so Berry could apply for unemployment benefits with the state, which has to be done online.
On Nov. 30, Judge Sonia Rodriguez True signed an order allowing Berry to access the internet with any device that had filters on that would keep him from communicating with minors, as well as barring him from buying lingerie or sex toys online.
But the Pretrial Services office said its staff was not trained in how to install or monitor such a filter and did not know what internet-capable devices Berry has or might get in the future.
West again argued Monday that a total internet ban was not workable.
"If someone were to impose that on me, I would not be able to access my bank accounts, for instance. I could not access my emails. I could not access the pass reports if I wanted to go see my family in Seattle," West said at Monday's hearing.
Berry was not present at Monday's hearing because he couldn't afford the gas to drive to the courthouse, West said, and was not able to call in to the court's Zoom channel with his flip phone.
Deputy Yakima County Prosecuting Attorney Holai Holbrook said that if Berry were facing federal charges — which she said is likely to happen — he would be facing a total internet ban and limited to using a cellphone that could not access the internet.
Instead, Swan modified the order to allow Berry to use only an electronic tablet he owns, with the necessary filters and software to ensure he complies with the order to not contact minors.
Berry has a tentative trial date of Jan. 23.
