Friday, May 7, 2010

Lupe Saves the Day


This is a story where you just don't know where to begin. But let's start with Carlos Simon-Timmerman, a non-criminal arrested and then prosecuted by a true criminal, Jenifer Yois Hernandez-Vega, of the United States Attorneys Office, District of Puerto Rico.

New York native Carlos Simon-Timmerman bought a DVD of adult film star Lupe Fuentes at a flea market while vacationing in Venezuela, only to be stopped in San Juan, Puerto Rico on his way home where he was arrested and charged with illegal possession and transportation of images involving minors.

Simon-Timmerman spent two months in jail prior to the court case because a Special Agent of Immigration and Customs Enforcement had testified that Fuentes was “definitely” under the age of 18 in the video, as well as testimony from a pediatrician that had deemed her 100% underage; both of which Fuentes proved wrong when she showed up in court.-Adult Film Star Verifies Her Age, Saves Fan From 20 Years In Prison!

You are no longer innocent until proven guilty in this "land of the free":

This case also illustrates that there is no presumption of innocence. The Court and the unethical prosecutor who wrongly prosecuted a man demanded that he prove that the porn actress was over 18. They made her fly across the country, and provide an ID and passport. The defendant, in other words, was forced to prove his own innocence before the Court would dismiss charges.-Porn Actress Saves Wrongfully Accused 

 

Thankfully, "Little Lupe" has since had a boob job, making her look less like a minor, and therefore hopefully sparing future innocent porn purchasers the trauma of the State's criminal harassment.

7 comments:

  1. I'm a bit perplexed. Adult video producers keep copious records of the performers. It should have been a simple call to the producer, case closed. I wonder if it was a bootled with the legal information left off.

    That said, they tend to hold people until trial for certain crimes. It's not that they're presumed guilty, they just tend to hold those accused of pedophilia, murder, rape, and certain other heinous crimes. I wonder what the bail situation was. If he was outright denied bail based on the testimony, that would be a shame. I don't know Puerto Rico's legal situation, whether they abide by all US codes or not, but I hope Carlos sues to help send the message that we are entitled to bail, or at least a speedy trial.

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  2. Ginx, did you come back to post that second comment correction just so you could take another look at Lupe? You sick, twisted bastard!

    they tend to hold people until trial for certain crimes. It's not that they're presumed guilty, they just tend to hold those accused of pedophilia, murder, rape, and certain other heinous crimes.

    I think you're missing the point. The defendant in this case essentially had the burden of proof, and that's what is at issue, not that he was being held awaiting trial. The State's "experts", including pediatrician Pedro R. Jaunarena, who used the Tanner scale to "prove" that she was underage at the time the video was made (she was actually 19), made the case that Lupe was under 18, and the prosecutor obviously believed them, even though without positive verification of the porn star's age there was no case against the accused.

    But suppose for a moment that Lupe had never come to court to testify and further that there were no U.S. kept records of her age. The poor victim of the state's criminal agents would have gone to prison, possibly for the rest of his life.

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  3. Ginx, why did it go to trial in the first place if her age was so easily verifiable? Why did the prosecution even need to bring in a Dr. to give his "expert" opinion that she was a minor?

    It certainly appears that the prosecutor was ready to go for a conviction based on that kind of testimony.

    As far as a jury goes, until we fully reestablish jury nullification, we will remain under the thumb of all the petty little black-robed tyrants and their prosecutorial minions. And no, judges in this country are not impartial, that's a myth.

    ReplyDelete
  4. You're male scum; women and children are prostituted by pimps worldwide and the producers care less about the performers actual age. The "teen" category IS PEDOPHILIA; all men are pedophiles and you have willingly proved with this post.

    ReplyDelete
  5. The worst outcome is that you lose a game.

    ReplyDelete

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