Monday, April 26, 2010

Affirmative Defense to Prosecution for Child Porn Discovered. . .

Carlos Simon-Timmerman a NYC pizza deliver guy traveled to Puerto Rico with an adult video in his baggage that resulted in a prosecution in Puerto Rico for possession of child porn according to the New York Post.  The Post article reports:

[In Mr. Simon-Timmerman's luggage customs discovered a] DVD called 'Little Lupe the Innocent' in his bags as he passed through San Juan Airport security on his way back to the city.  The agents said the actress in the video, porn star Lupe Fuentes (pic, uh the cleanest one I could locate via Google images), appeared to be underage. Mr. Simon-Timmerman was cuffed and taken into custody.  But Simon-Timmerman was sprung earlier this month after Fuentes flew to Puerto Rico and proved in court that she was 19 at the time the film was made.  'I'm thankful to her,' his mom, Eff Simon, told The Post yesterday. 'It was a big relief.'

Simon said her son had been visiting his sister last year in Venezuela when he bought the DVD in a flea market, believing it was nothing more than legal smut.  When Simon-Timmerman arrived in San Juan last Aug. 11, customs agents found porn videos, including: 'Little Lupe the Innocent -- Do Not Be Fooled By Her Baby Face.'"
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Nice.

24 comments:

  1. Wish I knew who "Miss Puddles" was and her age back in 2006. Grand Traverse County, Traverse City, MI., I was charged with Possession (4yr), Use of Computer to Commit (7yr), and the prosecutor motioned the court to add Manufacturing (20yr) because the two videos were burned onto disc. One of the videos originated from met-art.com and proof was available to satisfy the Affirmative Defense (18+yo actress). The other video we couldn't satisfy the Affirmative Defense...State pressed on, i pled to 4yr count due to inability to satisfy the Affirmative Defense and heavy burden/risk of 20yrs as a jury can convict based on age-guessing "expert" testimony, admissible where age and identity is unknown. Pediatrician opined the female between 14-16, but not 18 due to breast development. I recently was contacted by the producer after extensive research (almost two years) online. He said the video was shot in 1999 and she was born in 1980. Motion for Relief from Judgment based on New Evidence is in order. Anyone see the weakness in the child porn law?

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