High Bail for Everett Man Charged with Upskirting, Child Porn

BOSTON, August 8, 2016—An Everett man was held on high bail at his arraignment today on charges of photographing up a woman’s skirt and possessing child pornography, Suffolk County District Attorney Daniel F. Conley said.

MARK BARRY (D.O.B. 6/11/65) was arraigned today in Charlestown Municipal Court on charges of photographing sexual or intimate parts without consent and possession of child pornography as a third offense. According to prosecutors, he was previously convicted of possession of child pornography in federal court in 2002 and of possessing child pornography as a second offense in Suffolk Superior Court in 2013 for which he is currently on probation after his release from a three-year prison sentence.  Those charges stemmed from an incident in which he was arrested for photographing up the skirt of a child on the MBTA, leading to the discovery of child pornography images on his phone.

At the request of Assistant District Attorney Nicole Poirier, Judge Lawrence McCormick set bail in the amount of $100,000. Also at Poirier’s request, McCormick ordered Barry not to work, volunteer, reside, or have unsupervised contact with children under 18; not loiter within 300 feet of any location where children regularly congregate; allow the Department of Probation to search his computers, electronic devices, and photos; not use the internet unless required for his employment; wear a GPS monitor; stay away and have no contact with witnesses in the case; and not use public transportation in the event he is to be released on bail.

Barry was additionally ordered held without bail for allegedly violating the terms of his probation.

Transit Police were called to Sullivan MBTA station shortly before 11:00 a.m. Friday for a report of a man, later identified as Barry, photographing up a woman’s skirt on an MBTA bus. The alleged incident was captured on the bus’ security camera.

Upon their arrival at the station, officers spoke with the victim and witnesses. They were directed to Barry, who was seated in a bench on the Orange Line platform.

Barry allegedly made statements admitting to taking the photographs and subsequently deleting them from his phone, prosecutors said. He gave consent for police to search his phone.

A forensic search of the phone by detectives assigned to the DA’s Special Investigations Unit revealed “upskirting” photos as well as graphic sexual images of children, prosecutors said.

Barry was represented by Christopher Donahue. He returns to court August 31.

 

 

 

–30–

 

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.