July 19, 2006

32-YEAR-OLD LOUISVILLE MAN INDICTED FOR USING CELLULAR TELEPHONE TO ATTEMPT TO ENTICE A 14-YEAR-OLD GIRL TO ENGAGE IN SEXUAL INTERCOURSE WITH HIM AND TO TAKE PICTURES OF THE SEXUAL ACTIVITY

David L. Huber, United States Attorney for the Western District of Kentucky, announced today that a federal Grand Jury in Louisville, Kentucky, returned an Indictment charging JOSEPH K. TURNER, age 32, of 3406 Lesway Court, Apartment 3, Louisville, Kentucky, Jefferson County, with attempting to produce child pornography and using a facility or means of interstate commerce to attempt to persuade, induce, or entice a minor to engage in sexual activity. Law enforcement officials had previously arrested Turner on July 7, 2006.

The Indictment alleges that in or about and between June 21, 2006, and July 7, 2006, Turner knowingly attempted to use, persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct. The Indictment identifies the sexually explicit conduct as genital-genital sexual intercourse and the lascivious exhibition of the genital and pubic area of the minor. Additionally, the Indictment charges that Turner knew or had reason to know that the visual depictions would be transported in interstate commerce or would be produced using materials that had been mailed, shipped, or transported in interstate or foreign commerce. The second count of the Indictment charges Turner with using a facility or means of interstate commerce, that is, wire communications over the Internet, to knowingly attempt to persuade, induce, or entice an individual who had not attained the age of eighteen years to engage in sexual activity for which a person may be charged with a criminal offense, that is rape in the third degree, in violation of K.R.S. § 510.060(b).

According to an Affidavit filed by a Special Agent with the Federal Bureau of Investigation in support of a Criminal Complaint for Turner’s arrest, on or about June 21, 2006, an individual using a screen name “movie_joe930,” began on-line communications with an individual representing herself to be a 14-year-old girl. The individual had created a profile on “fotochatter.com,” including approximately seven digital photographs and personal information such as age. The individual listed her screen name as “bamabuggin.”

Fotochatter’s main page indicates that the web site makes cameraphones more fun. It allows users to communicate with one another by posting messages and photos from a cellular telephone. “Movie_joe930,” continued the on-line communications with “bamabuggin” up to and including July 7 2006. During the communications, he revealed his last name as Turner and indicated that he lived in Frankfort, Kentucky. He also described the type of car he drove, including sending a digital picture. “Movie_joe930,” stated that he lived in an apartment with a roommate and revealed his age as 32. “Movie_joe930,” sent digital photographs of himself to “bamabuggin,” including pictures of his face and naked, erect penis. He asked for additional photographs from “bamabuggin.” She responded by sending a photograph - fully clothed.

Based on the information relayed by “movie_joe930,” a Special Agent with the Federal Bureau of Investigation identified Joseph K. Turner, age 32, residing in Louisville, Kentucky. A comparison of Turner’s Kentucky Driver’s license photograph with the photograph of the profile for “movie_joe930” on fotochatter.com as well as images “movie_joe903” transmitted to “bamabuggin” of himself revealed that all photographs were of the same person. Additionally, the FBI Agent confirmed through the United States Postal Service that Joseph K. Turner was receiving mail at a previously determined Louisville, Kentucky, address.

During the on-line communications, Turner made plans with “bamabuggin” to have an in-person meeting. “Bamabuggin” had previously told Turner that she was visiting her father in the southern Indiana area. The two agreed to meet in Louisville, Kentucky, on July 7, 2006, at approximately 12:15-12:25 p.m. at Oxmoor Mall. The two were going to eat pizza and then go to an undisclosed location to have sex.

During the on-line communications, Turner discussed engaging in sexual activity with the person he believed to be a 14-year-old female, including intercourse with her. Turner specifically requested that the two engage in sexual relations “doggie style.” During the communications, Turner offered to provide a digital camera to “bamabuggin.” When “bamabuggin” asked the type of camera, Turner responded that it was an Apex camera. He asked her if they could take photographs while engaging in sexually explicit conduct. Turner also asked her to keep the camera for the purpose of taking “sexy” pictures of herself – including naked pictures – to send to him after their meeting.

Turner also discussed bringing “bamabuggin” thong underwear as a gift when they met. Prior to July 7, 2006, he sent digital images of the pink thong underwear to “bamabuggin.” In some of the photos, Turner put the thong underwear on his head as well as wearing them to expose his penis.

On July 7, 2006, law enforcement officials waited at Oxmoor Mall at the previously agreed upon place (California Pizza Kitchen), and time. They observed Turner park his car in the parking lot and walk directly to the California Pizza Kitchen. A law enforcement official approached Turner and identified himself as an FBI Agent.

The agent placed Turner under arrest, advised him of his constitutional rights, and asked whether he was willing to be interviewed. Turner provided some information to the law enforcement officials and gave a written consent to search his car. A search of the vehicle revealed a black nylon bag containing, among other things, a pair of pink thong underwear (the ones previously photographed and sent to “bamabuggin”), a Wal-Mart receipt for the thong underwear, an Apex digital camera with memory card, a teenage magazine, and four loose condoms.

If convicted, Turner faces a mandatory minimum term of imprisonment of 15 years. He also faces maximum potential penalties of 60 years’ imprisonment, a $500,000.00 fine, and supervised release for any number of years, up to and including, life.

The case is being prosecuted by Assistant United States Attorney Jo E. Lawless. The Federal Bureau of Investigation conducted the investigation.

Turner is scheduled for arraignment on August 1, 2006, at 1:00 p.m. in Louisville, Kentucky, before United States Magistrate Judge Dave Whalin. Turner is currently held in the custody of the United States Marshal Service with no bond.

The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.