Crime & Federalism

Be careful what you bring into 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.

This is all the "proof" needed to keep an innocent person in prison:

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.

While the story does not have a money shot, it does at least provide a happy ending.

UPDATE: I just pulled the docket sheet, (Download False Charges Docket Sheet) and am looking to blog more on this.  The man was arrested in September, 2009, and the case was set for trial.  The guy was living in terror and facing a trial for a crime he did not commit. 

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.

The unethical prosecutor in this case is noted below:

The Doctor who was prepared to send an innocent man to prison - and who was deemed an "expert" by the unethical prosecutors, is: Dr. Pedro R. Jaunarena, Pediatrician, M.D., F.A.A.P.

UPDATE 2: The case facts are worse than first reported.  The porn star is know as Little Lupe (Wiki).  Anyone who had done a small bit of research could have found out that she was over 18.  Indeed, the defendant's lawyer contact Little Lupe through her MySpace page.  

Under 18 U.S.C. 18 U.S.C. 2257, all American porn producers are required to verify the age of their porn actresses.  Since Little Lupe produced porn in the United States, any number of producers would have been able to establish that she was over 18.

Thus, Jenifer Yois Hernandez-Vega is an unethical prosecutor.  Rather than do some a simple investigation, she relied on the junk science testimony of an FBI agent, and a doctor.  Jenifer Yois Hernandez-Vega should be disbarred, and her experts should never be allowed to testify in another criminal trial.