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United States Attorney David L. Huber
Western District of Kentucky
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FOR IMMEDIATE RELEASE
TUESDAY, JULY 10, 2007
WWW.USDOJ.GOV/USAO/KYW
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CONTACT: SANDY FOCKEN
PHONE: (502) 582-5911
FAX: (502) 582-5097 |
LOUISVILLE MAN PLEADS GUILTY TO USING CELL PHONE TO ATTEMPT TO
ENTICE A 14-YEAR-OLD GIRL
TO ENGAGE IN SEXUAL INTERCOURSE WITH HIM
– Charge stems from undercover sting operation –
LOUISVILLE, KY - Joseph K. Turner, age 33, of Louisville, Kentucky, in Jefferson County, pled guilty to attempting to persuade, induce, or entice a minor to engage in sexual activity, U.S. Attorney David L. Huber announced today.
Turner admitted through the Plea Agreement that on or about June 21, 2006, he used 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.
The maximum potential penalties are 30 years’ imprisonment, a $250,000.00 fine, and lifetime supervised release. Turner faces a statutory mandatory minimum term of imprisonment of 5 years and supervised release of 5 years. Under the terms of the Plea Agreement, Turner and the United States have agreed that a sentence of 10 years’ imprisonment is the appropriate disposition.
The plea was entered before John G. Heyburn, II, Chief Judge, United States District Court, Louisville, Kentucky.
Turner is scheduled to be sentenced before Chief Judge Heyburn on October 10, 2007, at 9:30 a.m., in Louisville, Kentucky.
This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Federal Bureau of Investigation conducted the investigation.
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