Lupe Fuentes Saves Man From Bogus Child Porn Charge
The
diminutive porn star traveled to Puerto Rico to testify successfully in
the criminal trial of a man who could have gone to jail for up to 20
years
Posted Apr 16th, 2010 04:39 PM by Tom Hymes
SAN JUAN, Puerto Rico Lupe
Fuentes, the diminutive adult star whose unabashedly youthful sexuality
has often elicited astonished reaction such as, Sheâ
made a dramatic appearance last week in a San Juan, Puerto Rico federal
courtroom, where she provided testimony that saved the hide of a
Venezuelan-born man residing in the United States who had been charged
with possession and transportation of images involving minors. The
images were of Fuentes, who was not a minor when they were produced.
To say that Fuentes saved the day is the understatement of the year,
according to Hector L. Ramos-Vega, the assistant federal public
defender for the district of Puerto Rico who represented the defendant.
Not only did Fuentes testimony prevent the likely conviction of a man
who had committed no crime, but it also shone a bright light on the use
by government experts of a test known as the Tanner Scale, which
is used to assess the age of people based on their physical development.
According to Ramos-Vega, the facts of the case are simple and straightforward.
The government charged our client, Mr. Carlos Simon-Timmerman, a
Venezuelan national but a permanent legal resident of the United States
with the illegal possession (Count I) and transportation (Count II) of
images involving minors engaged in sexually explicit conduct,
Ramos-Vega said in an April 8 email. Carlos went in July of last year
to Venezuela to visit family and friends. The day before he was
supposed to travel back to New York, where he lives, he purchased at a
flea market several music CDs and DVDs. He also purchased what he
understood was adult pornography. One of the DVDs was titled, Little
Lupe The Innocent, Don't be Fooled by her Baby Face. This DVD was a
compilation of images and movies that someone obtained from
LittleLupe.com and created a DVD and a cover that also contained
pictures of Lupe.
With that purchase, Simon-Timmerman's fate was sealed. Traveling home
by way of Puerto Rico, his first stop in the United States was San Juan,
where, as he made his way through Customs, his bags were searched, his
videos were found and he was detained and then arrested on August 11,
2009.
The agents at all times maintained [the DVDs] were of child
pornography, hence they arrested Carlos, said Ramos-Vega. Carlos
spent close to 2 months in jail before we were able to convince the
judge to release him on bail.
Luckily for the defendant, he was represented by an attorney who went the extra mile on behalf of his client.
In the process of investigating the case, we conducted an internet
based research on Lupe and were able to find her MySpace account, said
Ramos-Vega. We wrote Lupe an e-mail explaining the situation and she
immediately agreed to help out of the concern that one of her fans
might be in trouble.
Adult performers are not generally known for their selflessness and
generosity toward strangers a world away, but the significance of what
Fuentes did goes deeper than just taking a plane flight to help out a
fan.
When trial started, said Ramos-Vega, the government presented
the Lupe DVD and a few other images from the other DVDs that the
government understood were also of child pornography. The government
presented the testimony of a Special Agent of Immigration and Customs
Enforcement that deals with child pornography and child exploitation
cases. She testified that Lupe was definitely under 18. The
government then presented the testimony of a pediatrician who testified
that she was 100 percent sure that Lupe was underage.
After the prosecution rested its case, it was Ramos-Vega's turn to present witnesses.
The first witness we called was Lupe, he said. She took the
stand and despite being very nervous testified so well and explained to
the ladies and gentlemen of the jury that she was 19 years old when she
performed in the videos for littlelupe.com. She also allowed us to
present into evidence copies of her documents showing her date of
birth.
The trial then took a recess to fix a technical problem before the
defense screened the DVDs at issue. During the recess, according to
Ramos-Vega, the defense consulted with supervisors from the U.S.
Attorney's office and, concluding that their case was fatally flawed,
moved to dismiss all the charges. As far as Ramos-Vega is concerned, the
credit for the victory goes to one person only.
It was courtroom drama like in a movie," he recalled. "When Lupe
walked into that courtroom, that tiny human being, she looked like she
was 7 feet tall. She owned the room and I looked at the jury, she
immediately won them over. I know that if the case would have proceeded
forward, that the jury would have come back not guilty after her
testimony. And there was a strong likelihood that Carlos would have been
convicted. So Carlos, myself and [the defendant's mother] Ms.
Carrillo are very grateful. Justice was served today and Carlos is a
free man thanks to Lupe. He can now go back home and continue his life
which was place in pause for 8 months.
The public defender had some final words for Fuentes. Lupe is not
only the world's youngest looking porn star, he said, but a
humanitarian who cares about justice, and cares about her fans.
Considering that in general only about 3 percent of federal cases go to
trial, and that of those only about 1-2 percent are won with the help of
a public defender, Ramos-Vega is more than excused for his effusive
appreciation for what Little Lupe Fuentes did for his client.
When you add in the fact that the Fuentes DVD Simon-Timmerman bought
sounds like it may have been an unauthorized compilation, what the
pocket-sized porn star did for her fan is all the more generous. Now it
only remains to be seen how long it will take to get this feel-good
story into production.
Fuentes also went on Howard Stern this week to discuss the formation of
her new company, Lupe Fuentes LLC. Her new website is (edited).