The United States Court of Appeals for the First Circuit
vacated a conviction against William Vazquez-Rivera, a man accused of
possessing and transferring child pornography. The Court based its decision on
grounds that the prosecution relied heavily on improper testimony that should
have been excluded by the District Court during the trial.
Vazquez-Rivera was arrested in 2008 during an FBI operation
that started with an agent posed as a fourteen-year-old girl in a chat room
online. The messages centered on conversations that were sexual in nature, the
exchange of child pornography, and a webcam video of a man who was masturbating
where only his genitalia and hands were visible. However, Vazquez-Rivera’s wife
testified that numerous individuals had access to their home and computers at
any given time, including a housekeeper, the housekeeper’s children, and her
own grandchildren. During cross-examination, one of the agents admitted that
the government did not investigate the other IP addresses linked to the email
account Vazquez-Rivera allegedly used to communicate with the undercover agent.
Nonetheless, the jurors returned with a guilty verdict.
The First Circuit Court held that undercover agent’s
testimony had “improperly alludes to unnamed investigators’ views without
explaining what those were or whether they were based upon the record in
evidence or these investigators’ perceptions,” according to the First Circuit
Court’s opinion.
Even though undercover internet sting operations are a
common, useful tactic used by law enforcement to catch predators, there is
still the risk of zeroing in on an individual who may not actually be
responsible for the act agents observe on their computer screens, warned the
First Circuit Court. It is the duty of the government to link the acts in
question with the individual accused of the crime beyond a reasonable doubt. The
jury is charged with weighing the facts presented by both sides in a trial, but
in this case, the First Circuit Court opined that “the prosecution’s repeated and
extensive use of improper testimony” prevented Vazquez-Rivera from having a
fair trial.
For the complete opinion, click here.
For the complete opinion, click here.
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