Judge Frances Tydingco-Gatewood, in a federal court ruling today, denied Jerry Thomas Guerrero II’s motion to get rid of evidence Guam Police Department officers and federal prosecutors gathered against him. The evidence allegedly shows Mr. Guerrero sent a girl, 14, “explicit videos of their interactions using another social media application,” according to her ruling today. Prosecutors allege he had sex with the victim at least 10 times over a six-month period beginning in 2017.
Mr. Guerrero, who faces federal criminal charges of Production of Child Pornography and Enticement of a Minor, wants the video thrown out of the case so that a jury cannot see it. He claims law enforcement, who obtained the video via search warrant, illegally obtained it against him because it didn’t come from his phone.
“One has no reasonable expectation of privacy over the contents of another’s cell phone,” Judge Tydingco-Gatewood wrote in her denial of his motion.
She also denied his allegation that the judge, who signed one of several search warrants against him, was tainted.
You may read her full decision below:
