BRENTWOOD - An Auburn man who police said showed off the progress of his marijuana-growing operation on YouTube with over three dozen videos has been arrested again for allegedly sprouting up a similar enterprise in Massachusetts.
Kyle Berry, 40, was arrested by the Lawrence, Mass., police department Monday for growing approximately 16 marijuana plants in the closet of an apartment where he was living. He is charged with manufacturing a controlled substance.
"The allegations are the exact same crime the defendant is out on bail for in this court," assistant county attorney Michael Zaino said in court papers. Berry is scheduled to appear before a judge in Rockingham County Superior Court Thursday for arraignment in his New Hampshire case.
Zaino has asked a judge to revoke Berry's bail in light of Monday's arrest.
Berry was indicted in Rockingham County earlier this month for allegedly growing $16,000 worth of marijuana plants at his Auburn apartment. He was arrested in January and freed on bail. The Rockingham County Sheriff's Drug Task Force was tipped off about Berry's plants around Dec. 20, but built their case around 35 videos he posted on YouTube that showed the progress of his marijuana plants.
Berry was living in a basement-level apartment in Lawrence, Mass., that is owned by his daughter, according to police reports. She went to the police station Monday and told police that she wanted her father out of the apartment because she was having ongoing arguments with him. She also mentioned that her father was growing marijuana in his apartment and was out on bail after Rockingham County investigators discovered his how-to videos on YouTube.
"It was very embarrassing for the family because it made the national news," Celines Berry told police.
Lawrence police Patrolman Michael Navaria said in a report he responded to the home and knocked on the door to Kyle Berry's apartment. When confronted about the marijuana smell coming from his apartment, Berry invited officers into the apartment and showed where the plants were growing in his closet.
He said, "It's legal. I have a prescription," and handed police paperwork, according to Navaria.
But police took Berry into custody, seizing heat lamps, fans and lights from the closet where 16 plants were found. Police also seized Berry's cellphone and applied for a search warrant after using Google to look up his previous case in New Hampshire.
Berry faces up to 7 ½ to 15 years in state prison if he is convicted in the New Hampshire case.