Since I know a few of you probably have seen her videos, I figured this would be interesting to you:

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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…

Quote :

"…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.

Finally…

Quote :

"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.
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http://www.theagitator.com/2010/05/03/porn-star-saves-man-from-incompetent-prosecutor-expert-witnesses/

Another reason my faith in the American justice system is failing.

If you've ever seen Little Lupe, yeah... she looks like jailbait. But whatever, that's what she capitalizes on and it's not illegal to look under 18 (otherwise we couldn't sell schoolgirl outfits and "barely legal" videos at porn stores), it's only illegal to be 18.

I'm trying to rationalize why the DA acted the way she did. Either she just plain disagreed with the man's tastes, or she realized she was wrong early on and didn't want to admit it.

Either way, she should face charges for trying to ruin this man's life, and I hope he sues the shit out of them.

[Edited on May 4, 2010 at 9:19 AM. Reason : ]

[Edited on May 4, 2010 at 9:20 AM. Reason : ]

5/4/2010 9:15:26 AM

maybe she wanted to gain notoriety and make a name for herself for the possibility of running for some kind of office. people do all sorts of crazy things to get their name out in the interest of justice but in many cases screw themselves over in the process.

what she did was simply, fucked up, for lack of better phrasing. i agree she should face criminal charges and in addition be disbarred for life. a huge violation of ethics and professionalism should be enough but the mere fact this man's life was just about ruined should be telling enough, all because she refused to listen to the facts and sought out her own "facts" to facilitate her views and opinions. and he has every right to sue and when he does, i hope he wins big for the hell he had to endure being accused of something like possession of child porn.

5/4/2010 9:40:19 AM

Thank god that 13 year olds don't look like that.

Though to be fair, she was made to look underage in some of her older stuff, I'm sure to appeal to people who were into that kind of thing. Fortunately she's gotten fake tits since then.

5/4/2010 10:26:52 AM

Quote :

" Either way, she should face charges for trying to ruin this man's life, and I hope he sues the shit out of them. "

perhaps the first time God has said anything that I agree with.

[Edited on May 4, 2010 at 11:59 AM. Reason : /]

5/4/2010 11:58:00 AM

^

5/4/2010 12:04:17 PM

Quote :

"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. "

I wonder how many times this customs agent beat it while "reviewing" evidence??

How the fuck is this DA not disbarred?

5/4/2010 12:17:20 PM

i don't know about this chick, but i though "little lupe" was the "but i poop from there" chick. but obviously not, looking at that pic.

as for the judge and all her co-conspirators, they should be defrocked/disbarred, made to pay compensation to the dude, and jailed for abuse of public power.

5/4/2010 2:01:19 PM

Damn. From Google image search:

http://cammerz.com/little-lupe-shrine/little.jpg

http://galleries.allteenrevpass.com/content/002_by/06.jpg

http://galleries.allteenrevpass.com/content/002_by/12.jpg

http://www.freelittlelupe.org/images/little_lupe.jpg

Quote :

"In response to a legal request submitted to Google, we have removed 4 result(s) from this page. If you wish, you may read more about the request at ChillingEffects.org"

Quote :

"Child Pornography Complaint in Google Search Sender Information: Sent by: Recipient Information: Google, Inc. Mountain View, CA, 94043, USA Sent via: Re: Google received notice of sites in Google's search index that contained child pornography. Accordingly, Google reported the sites to NCMEC and removed them from its search index. A link to this page may have appeared in response to a search from which results were removed. This page does not mean that the search itself was unlawful. Sometimes, innocent search terms appear on pages that also contain unlawful material. The link indicates that those pages were removed from the search results. Chilling Effects does not have any information about what website was removed."

5/4/2010 3:02:03 PM