Justin Berry was put in a mental hospital to avoid testifying next week.



The criminal case against Kenneth Gourlay -- accused of molesting and luring a young teenager into an Internet child pornography ring -- has hit a potential snag because the star witness and alleged victim is hospitalized.

Gourlay's defense attorney James Howarth said he was told Monday that the hospitalization of Justin Berry was emotionally related but he was not given further details.

Howarth said Gourlay's preliminary examination is set for Thursday and Friday in Ann Arbor District Court, but that he is in the dark about what the hospitalization means for the case.

"I just don't know," Howarth said. "I would want to hear from a psychiatrist what the diagnosis is. It's one thing if he's stressed out by all the attention, but it's something else again if he's paranoid schizophrenic."

Berry's lawyer, Stephen Ryan of Washington, D.C., declined to comment.

Without Berry's testimony, many of the charges will be difficult to sustain.

Berry, now 19, has become the international face of Internet child exploitation, starting last year when he went public in the New York Times with a shocking account of how he was lured into becoming an online sexual performer.

Since those first accounts, Berry has made appearances at a U.S. congressional hearing and on television -- notably with Oprah Winfrey -- describing his experiences in a thriving online market for adults who sexually exploit children.

Berry, from Bakersfield, Calif., eventually became a business partner in a site featuring pornographic videos of him and other young men and boys before becoming a government witness.

Gourlay, 28, is charged in Washtenaw County with molesting Berry in 2001 and with nine other child pornography-related felonies.

Michigan Special Assistant Attorney General Douglas Baker said he cannot comment on Berry or the case.

"I plan to be in court on Thursday," Baker said.

At least 1 1/2 days have been set aside for the hearing to determine if Gourlay will stand trial, with a full day or more dedicated just to Berry's testimony.

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."

Calling Gourlay, of Detroit a risk to public safety, 14-A District Judge J. Cedric Simpson previously ordered him held under a $500,000 cash bond.

When Berry does appear, this would be one of the first times he has faced hostile questioning about his journey from naive middle school student to a drug-abusing online pornographic performer and entrepreneur.

"Yes, he's been before Congress, but that was pretty friendly questioning and he was under U.S. Justice Department immunity," Howarth said. Gourlay also was called before the congressional committee but declined to testify.

As described during Berry's appearances and in court records, Gourlay allegedly helped bring Berry -- then 14 -- to a summer computer camp at the University of Michigan, then molested him at his home in Washtenaw County. Gourlay also allegedly helped Berry set up a sexually oriented Web site.

In January, a Virginia man implicated by Berry pleaded guilty in federal court to pornography-related charges. Berry said that the man, Gregory Mitchel, molested him and that they later went into business together running a Web site. Berry left the operation and reported Mitchel to authorities.

We learn a bit more about what might be going on at this website. http://www.thetruthaboutjustin.com It appears to be a website run by the family of Justin's web hoster. Justin Berry they say is lying to get a book deal. Ironically http://kengourlay.com/wordpress/ at this website Ken Gourlay says similar things.