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Article posted May 08 2010, 11:12 PM Category: Politics/Corruption Source: The Agitator Print

Porn Star Saves Man From Incompetent Prosecutor, “Expert” Witnesses

The Agitator

These are the zealous people who control the reigns of power in our country, they hate you, they want to jail you, they don't care about the law, they don't care about you or recognize you as a human being. They are lawless criminals who get off on the raw exercise of power. - Chris The Crime and Federalism blog reports on the case of Carlos Alfredo Simon-Timmerman, a New Yorker who was stopped in Puerto Rico last year on his way back from a vacation in Venezuela. Simon-Timmerman was stopped by U.S. Customs agents, who found a pornographic video in his bag entitled Little Lupe the Innocent; Don’t Be Fooled By Her Baby Face. The movie featured Lupe Fuentes, a porn actress who, as the movie title suggests, is a 23-year-old with a more youthful appearance.

Fuentes is currently under contract with a U.S. porn production company, and has made movies for other U.S. companies in the past. Those companies are required by federal law to keep records showing that all participants in their adult films are of legal age. That means Assistant U.S. Attorney Jenifer Yois Hernandez-Vega could have verified Fuentes’ age with as little effort as a Google search and a phone call. (Hell, she probably could have just consulted one of the porn experts at the Securities and Exchange Commission.)

Instead, the prosecutor pushed ahead with child pornography charges against Simon-Timmerman, even after the man’s attorney was able to show that Fuentes had appeared in movies produced in the U.S., as well as other documentation that Fuentes was of legal age at the time the movie was made.

Hernandez-Vega still didn’t buy it. Her evidence that Fuentes was a minor was apparently so strong that she not only apparently felt she didn’t need to take 15 minutes to look up the proof of Fuentes’ age on file with the federal government, she could also dismiss the evidence produced by Simon-Timmerman’s attorney that his client hadn’t broken any law—all while keeping Simon-Timmerman locked up for months.

And what was that evidence? “Expert” testimony. At trial, Hernandez-Vega called Alek Pacheco, A U.S. Customs agent and self-described expert in child pornography who concluded (presumably after viewing the video several times) that Fuentes was “13 or 14″ years of age.

The state also called a Dr. Pedro R. Jaunarena who, according to court documents (PDF) filed by Hernandez-Vega…
…will explain from viewing the images in question the bodily features he considers in making his determination, such as the face of the minor, the breast area, the genital area to include the existence or non-existence of pubic hair, the height of the minor, among other factors to be considered to establish the approximate age range of the minor depicted and to establish that the relevant images depict minors under the age of eighteen.
Simon-Timmerman’s attorney was even able to get Fuentes to confirm her age over the phone. That still wasn’t enough for the prosecutor.

Little Lupe herself would have to fly to Puerto Rico, show her passport to the prosecutor, and testify under oath that she was really, really not 13 years old.

“My fans mean everything to me, ” Fuentes told Asylum via her publicist. “It was important to me to make the trip to Puerto Rico to show support to someone who did no wrong.”
That was last month. After Fuentes’ appearance, Simon-Timmerman was finally released, and the charges against him were dropped. It took the graciousness of a porn star to keep Simon-Timmerman from going to prison.

If this case follows other clear-cut prosecutorial abuse cases, Hernandez-Vega will suffer little if any penalty or sanction for her stunning incompetence, which caused the arrest and months-long incarceration of an innocent man. And Jaunarena and Pacheco will continue testifying as experts in federal courtrooms, despite the fact that their expertise in this case was off by by about five years.

(Thanks to Jonathan Pratt for the tip.)

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Comments 1 - 7 of 7 Add Comment Page 1 of 1

Posted: May 09 2010, 5:01 PM

74113 Jenifer obtuse Yois bitchiness Hernandez-power-hungry-freak-Vega

Posted: May 10 2010, 3:48 AM

And nothing is done about real child abuse, coz it's the "satanic" politicians and elite who are really into it (for example, look into the on-going case of Hollie Greig in Scotland).

First of all, people should have the right to do anything to get out of unlawful arrests, they should be allowed to break out of jail etc, and even violently defend their rights and freedom - it doesn't matter if it's some kdinapper who takes your freedom from you, or the authority, you lose that time of your precious life that they decide to keep you locked up! What's the difference?

Secondly, people who are found to be guilty of abuse of power should face serious stretch of hard time. Of course this won't happen, it's meant to be this way. But any idea of real justice, just-us, would demand this.

We truly live in the worst of times - the scum scraped from the bottom of the bucket -times. However, i still think freedom will win. Nature can't be oppressed ultimately, it will always find a way.

Nice of the actress, though, to go through the trouble.

Posted: May 10 2010, 5:36 AM

95149 Until childrens rights are taken seriously, nothing will change. 80% of abuse happens in the home.
I beleive, When class sizes are 20 students max, with a high quailty of education, including sex education. How else can a child feel valued and confident enough to speck out.
I'm 40 now, remembering age 11yrs teachers saying 20 was the best size, sad that now teachers relate to class sizes as 'crowd control'
Nothing has changed in 30 yrs.
Well educated children know better, and grow into imformed adults, thats why class sizes are kept low.
UK is dire, we expect so much from children in regards to 'their' behaviour yet invest as little as possible in thier/our furture.
There arent even any runway hostels, for young people to escape abuse, they are trapped, if you help YOU GO TO JAIL.
Stop protesting at the local pool closure, thats a red herring. Rage at the lack of funding and care children receive. 10% of tax to be spent on 'education' for all of us not just children.
Free school dinners, how many children are negliced even on this level.
As a society do we give everyone the best start in life, or teach to be successful is to be selfish.
Put your hand up if you voted for low taxes, those penny's saved, was it worth it!

Posted: May 10 2010, 7:13 AM

Your argument is a red herring. While there are some basic truths in what you say, really what you mean by "well educated" is "well indoctrinated."

Taxes have nothing to do with the topic, either. Do you know that Lord Bertrand Russell loved the idea of the state being able to control the children through education? All of his ideas have come true. Just because in some aspects things were better in the past, doesn't mean the past was any good. And don't worry, the scientific dictatorship, the technocrats, WILL correct all the wrongs going on right now - just wait and see. It's just that their correxions will not be what you expect.
(Nevermind the fact that taxes have increased dramatically in the last 30 years in many different forms, yet the government always has less money for education or healthcare! But in reality, they simply have less money for the aspects of those that they don't deem necessary - if they wanted smaller class sizes, they would give it to us in two years, believe you me - and don't think for a second they don't know what results big class sizes have - if you and i know it, so do they.)

The answer is not more "care" or more funding or more control. The answer is return to a more natural society. Without that, everyone is at the mercy of the technocrats, the natural aristocracy, the intellectuals, with their "natural" right to rule over the "lessers".

The whole idea of "children's rights" know about it? You know UN came up with that term? "Oh children need rights!" "Oh ok, well nothing wrong with children having rights, is there"? "Oops, we didn't realize children's rights meant that parents have no rights!" All these so-called "rights" are propaganda terminology that have nothing to do with what you associate them with - they only create more bureacracies and government controls, which is what they are meant to do, and putting the people more firmly in the hands of the technocrats.

i don't know if you're a shill or if you believe what you say, but if you do mean it, it's obvious you are not familiar with the bigger picture at all but have taken reality as it's been given to you by your betters.

(And why you would talk about this subject under this piece of news is beyond me, too.)

Posted: May 10 2010, 11:47 AM

72223 Lupe Fuentes
From Wikipedia, the free encyclopedia
Lupe Fuentes
Birthdate January 27, 1987 (Birth location Santiago de Cali
Measurements 33A-22-34
Height 4 ft 9 in (1.45 m)
Weight 88 lb (40 kg)
Eye colour Brown
Hair colour Brown
Skin colour Olive
Alias(es) Little Lupe, Zuleidy Piedrahita, Lupe Fuentes
Joey Tavares

Posted: May 17 2010, 1:36 AM


Posted: May 18 2010, 2:01 PM

Thanks for the link, Joey.
Comments 1 - 7 of 7 Page 1 of 1

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