FL FL - AMBER ALERT: Diana Alvares, 9, Fort Myers, 29 May 2016 #3

[simlyme]

I want to add, LET"S FOCUS ON FINDING DIANA and not so much on where JG was or wasnt. I believe the police knows more than is out there.
The focus needs to be on Diana , the community and family (extended family too) need to get their behinds out there and take over the search, start talking, set up station , but most of all SAY WHERE SHE IS , EVEN IF IT MEANS GETTING DEPORTED. ITS THE RIGHT THING TO DO , RIGHT NOW!!!!!!!!!. I"M SPEAKING TO THE COMMUNITY AND FRIENDS TO DIANA ALVARES (z). HUMBLE YOURSELVES !!

 

[staywoke]

Just as an aside...Even after the indictment, JG still has the same number of people on his FB friend's list. I don't recall who made mention of this earlier in the investigation, but I noted the number then to compare as things progressed. Maybe younger folks just don't pay attention to the media or FB as much. I know there are more popular forms of social media with teens, but I'd think there would be family members letting them know. From what I recall there were some girls that looked to be teens or really early 20's.

I don't know much about Snapchat, but I believe some of JG's selfies were screen caps from Snapchat. Does anyone know if there is a friend's list associated with that SM app?

no snapchat is very private (that's the original send & destroy app).

once you do have someone as a friend, the only thing you can see is a total number of how many snaps they have sent & received.

also, finding a user is not very easy; you cannot search by their full name or anything other than their specific snapname, snapcode or phone number in your contacts..

some people have private & public snap stories, but after 24 hours the stories disappear.

so even if we were to find him by phone#, there is nothing of his we would be able to see as I believe his phone is in evidence

 

[SandyQLS]

http://www.nbc29.com/story/32238658/grand-jury-indicts-jorge-guerrero-for-child-🤬🤬🤬🤬

Thank you.

1. JG was first picked up and held on an ICE detainer, Friday June 3.
2. JG appeared in federal court on child pornograpy charges, Monday June 6.
3. A federal grand jury indicted JG for child , Thursday June 16 (per your link).
4. A grand jury indicted JG for child exploitation, Thursday June 16 (per the Wink link).

Not sure, but my best guess is that he is charged and indicted by a federal grand jury of "...persuading a minor to engage in sexually explicit conduct as well as possessing “one or more” explicit images of a minor, court documents show. ..." from WINK although they do not mention federal.

I am trying to gain some clarity because federal statutes are not the same as Florida statutes, and also I find it curious that he is being charged with federal crimes in a case that seems to be within the one state Florida. I do not think that immigration status of the suspect or an ICE detainer has anything to do with federal charges in a case that occurs within one state - state prisons are full of persons with ICE holds who have been convicted of state crimes.

Does this mean anything in regards to DA? Do they believe she was trafficked to elsewhere or that JG is engaging in child involving more states or countries? It seems that it is the charges that matter, IOW he could be charged with state crimes or with federal crimes, and they have chosen to use federal statutes in this case for some reason. ?

 

[staywoke]

Thank you.

1. JG was first picked up and held on an ICE detainer, Friday June 3.
2. JG appeared in federal court on child pornograpy charges, Monday June 6.
3. A federal grand jury indicted JG for child , Thursday June 16 (per your link).
4. A grand jury indicted JG for child exploitation, Thursday June 16 (per the Wink link).

Not sure, but my best guess is that he is charged and indicted by a federal grand jury of "...persuading a minor to engage in sexually explicit conduct as well as possessing “one or more” explicit images of a minor, court documents show. ..." from WINK although they do not mention federal.

I am trying to gain some clarity because federal statutes are not the same as Florida statutes, and also I find it curious that he is being charged with federal crimes in a case that seems to be within the one state Florida. I do not think that immigration status of the suspect or an ICE detainer has anything to do with federal charges in a case that occurs within one state - state prisons are full of persons with ICE holds who have been convicted of state crimes.

Does this mean anything in regards to DA? Do they believe she was trafficked to elsewhere or that JG is engaging in child involving more states or countries? It seems that it is the charges that matter, IOW he could be charged with state crimes or with federal crimes, and they have chosen to use federal statutes in this case for some reason. ?

"DerOvanesian, a third level supervisory assistant federal public defender, said in an email that in federal court, unless there is a waiver by a defendant, felony charges must be by indictment from a grand jury."

excerpt from here;
http://www.news-press.com/story/new...s-assigned-jorge-guerrero-🤬🤬🤬🤬-case/85645546/

 

[justwannahelp]

I'm not sure if they can tell who the child is in the pics, otherwise wouldn't he be charged with child sexual abuse?

Good point. But if they know it's him in the pics then shouldn't that be child abuse as well as child exploitation and possession of images??

Legal people- explain please

 

[staywoke]

https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬

Images of child are not protected under First Amendment rights, and are illegal contraband under federal law.

sandy, hope this answers your question!

 

[SandyQLS]

https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬

sandy, hope this answers your question!

Well, no. And also in response to poster stayawoke: JG could be charged under Flordia statutes for these same crimes, but they have chosen to use the federal statutes. Why are they using federal statutes instead of Florida state statutes since both jurisdictions have statutes covering these same crimes? They are claiming that his crimes are in federal jurisdiction, not state jurisdiction, even though the crimes allegedly occurred in several Florida counties (the child in his possession wherever he had his phone).

 

[steelman]

Yada.....yada....yada.......see you in 5-10 years.

Guerrero wins.

 

[keyleigh]

Could he have maybe crossed state lines but they are keeping that from the public? That would make the charges federal wouldn't it?

 

[cocomod]

Often times federal charges include stiffer penalties. It would be federal charge if he shared the pictures across the internet to multiple states, correct?

I say, scare the begezzies out of him and get him to talk. They need him to say where Diana is. He traveled enough that it may be tough finding her without his cooperation.

 

[kshultz06082]

Well, no. And also in response to poster stayawoke: JG could be charged under Flordia statutes for these same crimes, but they have chosen to use the federal statutes. Why are they using federal statutes instead of Florida state statutes since both jurisdictions have statutes covering these same crimes? They are claiming that his crimes are in federal jurisdiction, not state jurisdiction, even though the crimes allegedly occurred in several Florida counties (the child in his possession wherever he had his phone).

I could be wrong, but I believe it says in the arrest affidavit that it's considered federal/international because the Samsung phone was manufactured in China.

 

[cvaldez1975]

this case is SOOOOO convoluted

where are you Diana?

 

[kshultz06082]

this case is SOOOOO convoluted

where are you Diana?

Something is definitely off! I honestly don't believe it's due to translation issues. I understand that it's a stressful time, but the story changes worry me. The truth doesn't change.

 

[24Roses]

This is just all :moo: I think that IF JG was really in an accident, Diana could of been the cause of that accident if she was making a fuss or trying to get away & if his brother did come to get him, JG did whatever he did to Diana before his brother came. But if that happened, I think his brother would of seen some evidence of what happened to Diana. I'm assuming that LE does have the car that JG said he had the accident in and would be able to tell if there was any damage & if Diana was in that car.

 

[Wyle_E_Coyote]

Creation or possession of child is a federal offense. No need for it to be shared across state lines. There are specific federal laws against it.

https://en.m.wikipedia.org/wiki/Child_pornography

Sent from my SM-N920V using Tapatalk

 

[staywoke]

Well, no. And also in response to poster stayawoke: JG could be charged under Flordia statutes for these same crimes, but they have chosen to use the federal statutes. Why are they using federal statutes instead of Florida state statutes since both jurisdictions have statutes covering these same crimes? They are claiming that his crimes are in federal jurisdiction, not state jurisdiction, even though the crimes allegedly occurred in several Florida counties (the child in his possession wherever he had his phone).

"A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty."

in our criminal complaint JGT is in violation of 18 U.S.C. § 2252A(a)(5)(B) & (b)(2)

& they use the fact that the phone was manufactured in China, affecting interstate & foreign commerce.

 

[scapa]

Well, no. And also in response to poster stayawoke: JG could be charged under Flordia statutes for these same crimes, but they have chosen to use the federal statutes. Why are they using federal statutes instead of Florida state statutes since both jurisdictions have statutes covering these same crimes? They are claiming that his crimes are in federal jurisdiction, not state jurisdiction, even though the crimes allegedly occurred in several Florida counties (the child in his possession wherever he had his phone).

My understanding is that the federal charges have to do with the vehicle used for recording and storage -- i.e., a Samsung phone, made in China, and the possibility that the images were stored on a cloud-based server, which may be located out-of-state and even offshore.

best,

s

 

[Andie11]

Any child incident that involves the internet puts it in federal jurisdiction, he may have emailed it to himself, or stored it in the cloud.
https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-

 

[Jen Darme]

IDK if it means LE thinks it is DA, but I do think it means LE has evidence that JG took those photos on his phone, and perhaps also that it is his hand shown in the photos.

In a Canadian homicide investigation in 2014, a fingerprint analyst was able to match a fingerprint in a photograph (of a hand holding a gun) to a fingerprint on file with LE.

Here's a news article, saying the photo was emailed to her with no further information, and a video of the exhibit presented in court explaining how it was done.

 

[staywoke]

INDICTMENT
https://www.justice.gov/usao-mdfl/file/867966/download