Found Deceased FL - Diana Alvares, 9, Fort Myers, 29 May 2016 *Arrest* #4

[margarita25]

"NO BODY CASES

Since the 1800s there have been 501 murder trials across the United States where the body of the victim was never recovered.

The data has been collected by Tad DiBiase, a former federal prosecutor who tried a “no body case” and was successful. He now works as a consultant to law enforcement who are investigating a homicide without a body.

The data is up to date as of January 2018. Florida is No. 2 with 34 no body trials. California, the top state, has 99 cases.

“Florida is definitely a high number just based on population alone,” DiBiase said.

Fifty percent of the trials since the 1800's have occurred since 2000, he said.

It’s becoming easier to determine whether someone has died— because of technology and the fact that people “leave behind such distinct electronic trails.”

In the case of children, it’s usually easier to convince a jury that the child is dead, he said.

“One as young as 9… it’s unlikely they walked away,” DiBiase said.

Prosecutors don’t necessarily need the body to prove murder, said Tamara Lave, a University of Miami law professor and a former prosecutor in California.

They can use confessions, statements and other evidence. And, Lave said, grand jury proceedings are not adversarial.

“It’s just a prosecutor with the jurors,” Lave said. “The standard of proof is low.”"

Diana Alvarez's mother wants suspect in death to pay with his life: 'I hope you rot'
https://www.news-press.com/story/ne...rder-indictment-diana-alvarez-case/576567002/

 

[margarita25]

"In Puebla, Mexico, Diana’s father watched the news conference that was broadcast online by the state attorney’s office but didn’t understand it very well because he is a Spanish speaker.

He began to cry on the phone when a reporter told him Guerrero-Torres was accused of killing Diana.

“I don’t know what is happening,” Martin Alvarez Moreno said. Puebla is in the southeast region of the country. “How do you want me to feel? Badly.”

Alvarez Moreno spent time in the U.S. before being deported to Mexico. He is upset he hasn’t been able to be involved in the court proceedings and had previously vowed to cross the border and return.

“Unfortunately, I haven’t been able to return,” he said.

Back in Southwest Florida, Hernandez has gone to great lengths to find her daughter’s whereabouts, even paying fortune tellers and tarot card readers for information. But, Busatta said, one of those instances has turned criminal and was reported to the Sheriff’s Office.

“She’s done everything possible to find her daughter, and people have taken advantage of her,” Busatta said.

Hernandez’s message to Guerrero-Torres on Thursday was: “What did I do to you?”

“I hope you rot where you are for what you did to my daughter,” she said. “I hope you pay for everything you did, and if you did it to other girls, I hope you confess.”

Hernandez is resigned and has accepted that investigators believe Diana is dead.

“We all wish we could keep searching, but if they are giving me the news that my daughter is no longer alive … what else is there to look for?”"

https://www.news-press.com/story/ne...rder-indictment-diana-alvarez-case/576567002/

 

[margarita25]

"THE ANNOUNCEMENT

The announcement to the media of the grand jury indictment was made at 10 a.m. at the state attorney’s office.

“We would not rest until we saw Torres held responsible for what he did to this little girl,” Chief Assistant State Attorney Amira Fox said.

Lee County Undersheriff Carmine Marceno was also present and declined to answer questions.

“We know today we will never bring Diana back, but we also know that we hope that we bring some closure to her family,” Marceno said. “Justice will be served.”"

https://www.news-press.com/story/ne...rder-indictment-diana-alvarez-case/576567002/

 

[JerseyGirl]

Jorge Guerrero-Torres was charged Thursday with first-degree murder, kidnapping, and lewd and lascivious molestation of Diana Alvarez, who vanished in 2016.

Her body has not been found.

Guerrero-Torres was found guilty last year of producing and possessing lewd images of Alvarez and was sentenced to 40 years in prison.

https://www.cbsnews.com/news/diana-...other-sobs-as-suspect-is-charged-with-murder/

 

[mpnola]

Jorge Guerrero-Torres was charged Thursday with first-degree murder, kidnapping, and lewd and lascivious molestation of Diana Alvarez, who vanished in 2016.

Her body has not been found.

Guerrero-Torres was found guilty last year of producing and possessing lewd images of Alvarez and was sentenced to 40 years in prison.

https://www.cbsnews.com/news/diana-...other-sobs-as-suspect-is-charged-with-murder/

That whole blurb makes me so angry. Poor baby girl.

Sent from my SM-G900V using Tapatalk

 

[cybervampira]

Prosecutors seek death penalty for missing girl's murder

FORT MYERS, Fla. (AP) — Prosecutors say they're seeking the death penalty against a man accused of killing a missing 9-year-old Florida girl.

The Lee County State Attorney's Office filed a death penalty notice Friday for Jorge Guerrero-Torres, who was charged last week with first-degree murder.

Authorities say Diana Alvarez went missing in May 2016, when Guerrero-Torres was renting a room in the girl's Fort Myers home.
Detectives reported finding pornographic images of Diana on his phone, which has already led to a 40-year sentence in federal prison for child *advertiser censored*.
Diana's body hasn't been found, but investigators believe she is dead.

Article: http://www.tampabay.com/prosecutors...er-ap_florida9f7740404d674b928dcd02805aa7e98c
More: http://www.winknews.com/2018/05/11/...-death-penalty-against-jorge-guerrero-torres/
More (video at link): https://www.news-press.com/story/ne...eath-penalty-diana-alvarez-suspect/602700002/

 

[margarita25]

'Let's hope he suffers first': Diana Alvarez's mother says of state's intention to seek the death penalty
https://www.news-press.com/story/ne...eath-penalty-diana-alvarez-suspect/602700002/

"In their filing to seek the death penalty, the state writes that Diana was under the age of 12 at the time of the alleged incident and because Guerrero-Torres "stood in a position of familial or custodial authority over the victim."

Diana's mother Rita Hernandez said she was told about the decision Friday morning.*

"Let's hope he suffers first," Hernandez said.*

"Let's hope we find my daughter's remains," she added."

 

[margarita25]

"Guerrero-Torres will be back in court on June 13."

https://www.news-press.com/story/ne...eath-penalty-diana-alvarez-suspect/602700002/

 

[margarita25]

"The mom of a nine-year-old allegedly raped and murdered has found out the man arrested for the crimes could be sentenced to death.

She said it is a Mother's Day present with nothing to celebrate.

He mother, Rita Hernandez, said in the days before Mother's Day, Alvarez would ask her for money to buy her a surprise gift.

This year, Hernandez bought herself balloons and put them on her little girl's memorial.

"It's going to be two years. Another birthday without her," said Hernandez.

The memorial is growing ahead of Alvarez's 11th birthday next Thursday.

"If he killed her, then he deserves it and more," she said through a translator."


State will seek death penalty for Diana Alvarez's accused killer
http://www.nbc-2.com/story/38170502/state-will-seek-death-penalty-for-diana-alvarezs-accused-killer

 

[margarita25]

Mother of missing Diana Alvarez weighs in on death penalty for accused killer
http://www.winknews.com/2018/05/11/...eighs-in-on-death-penalty-for-accused-killer/

"After nearly two years, Rita Hernandez says the state attorney’s office alerted her they’d be seeking the death penalty for Jorge Guerrero-Torres.

“If he killed her…it’s what he deserves. Each update on the case that I get hurts more and more. It’s difficult,” she said."

 

[margarita25]

“"It does make the case difficult for the state attorney if they don’t have a body. Defense attorneys often rely on ‘no body no crime.’ There’s also going to be missing evidence without that body—missing DNA evidence,” said attorney Daniel Garza.

A good outcome for Guerrero-Torres is something Hernandez says she’s willing to face.

“If he wins this case—there’s nothing I can do. I put it in God’s hands, like I always say,” she said.

But Garza says the death penalty could also be a ploy.

“Often times the state attorney will seek the death penalty, not necessary hoping that the person will plea to serving life in prison, but knowing that they can always seek life as an alternative to going to trial and getting the death penalty. It’s something like 97 percent of the cases plea, and don’t go to trial,” Garza said.

For Hernandez, she’d rather see her daughter again than to see her daughter’s possible killer die.

“Speaking to Jorge’s heart—that he talks and confesses where my daughter’s body is at—because nobody deserves to die,” she said."

http://www.winknews.com/2018/05/11/...eighs-in-on-death-penalty-for-accused-killer/

 

[margarita25]

"Hernandez says that next Thursday, on what would have been Diana’s 11th birthday, she’ll be holding a vigil for her near the Lee County Jail in downtown Fort Myers.

Guerrero-Torres’ scheduled trial date begins June 13."

http://www.winknews.com/2018/05/11/...eighs-in-on-death-penalty-for-accused-killer/

 

[jpo74]

hope he rots where he will end up poor diana she needs to be found and have a decent burial her family needs that. i guess they have an idea what happened to her but have they said so public?

 

[Gardener1850]

Unidentified remains found in Ocala National Forest: Human remains found in Ocala National Forest, deputies say

I can't recall (and the search feature is broken right now)did JGT go near Ocala National Forest area? LE are not releasing any details of the remains found (age, rage, etc), including how they were found, leading me to believe this may be a high profile case. JMO.

 

[Gardener1850]

Unidentified remains found in Ocala National Forest: Human remains found in Ocala National Forest, deputies say

I can't recall (and the search feature is broken right now)did JGT go near Ocala National Forest area? LE are not releasing any details of the remains found (age, rage, etc), including how they were found, leading me to believe this may be a high profile case. JMO.

Remains are not Diana. Adult female and recent with a tattoo, UID thread: FL - Fl - Marion County, Whtfem Remains, Shoulder Tattoo (american Robin Bird), 11 Jun 2018

 

[Savemecastiel]

bump....

 

[Tabirey]

Wish they'd find this precious baby

 

[margarita25]

Bumping for Diana in 2019. You are not forgotten.

 

[Jim_M]

USA v. Jorge Guerrero-Torres, No. 17-13812 (11th Cir. 2019)

Case: 17-13812 Date Filed: 03/08/2019

Jorge Guerrero-Torres appeals his convictions for possession and production of child *advertiser censored*. He says the District Court erred in finding that he abandoned his cellphone and, as a result, lacked standing to challenge the search of its contents.

After careful consideration and with the benefit of oral argument, we conclude Mr. Guerrero-Torres did not demonstrate a subjective expectation of privacy in the contents of his cellphone. We affirm his convictions.

Much more at link...as well as in the included PDF file:

 

[videogamedc]

Is there a way we know Diana is dead and not actually being held captive somewhere she won't be found? I'd hate to think Diana is dead. Why hasn't there been any updates recently?