A Florida sex offender under arrest for failing to register is now facing federal pornography charges after he offered to show a detective a flight simulator program on his laptop and instead revealed a child porn video, according to court records.
Barry Whaley, of Miami Beach, was arrested in Alaska on Monday on a federal charge of possessing child pornography and was being held in Fairbanks, Assistant U.S. Attorney Audrey Renschen said.
The case began on June 26, 2008, when Miami Beach police contacted Whaley to check his compliance as a registered sex offender, according to an affidavit that Secret Service Special Agent Timothy Aucoin filed in federal court.
Police found the apartment Whaley was registered to had been condemned following a fire on June 17, and that he had not updated his address. Police also learned Whaley had given them a fake name during the fire investigation.
Whaley was arrested on charges of obstruction of justice and failure to register. While at the police station, he asked detectives to grab his computer out of his vehicle so it wouldn’t get stolen, the affidavit says.
Once detectives brought the computer inside, Whaley told a police sergeant there was a “flight simulator program on the computer that was amazing,” Aucoin says in the court papers.
“The sergeant asked if he could see the program,” he continues. “Whaley agreed and began to show the sergeant the laptop. As the sergeant was sitting next to Whaley, a video began to play on the laptop of two young females who appeared to be under 12 years old engaged in sexual activity.”
The computer was seized and found to contain a number of pornographic pictures and videos of girls as young as 10, the affidavit says.
After his arrest on the Florida charges, Whaley posted bail, then came to Alaska, the affidavit says. Renschen said the case can be handled in Alaska only if Florida officials consent and Whaley is willing to plead guilty and be sentenced here.
“At this point, Mr. Whaley is considering his options, with the help of his attorney, so it is unclear where the case will be resolved,” she said.