Jump to content

Judge dismiss p*orn charges against American National in Cebu City


Recommended Posts

mistaeric

http://www.sunstar.com.ph/cebu/local-news/2015/12/01/rtc-clears-american-p*ornography-case-444629

 

 

 

REGIONAL Trial Court (RTC) Judge Ester Veloso dismissed the human trafficking case against an American national who was accused of filming seven naked women in Daanbantayan town, Cebu in 2011.

 

“There were no overt acts within plain view of the barangay tanod that suggested that the accused was recruiting, hiring, or receiving minors for the purpose of p*ornography,” said Veloso in her 23-page order.
 
Police arrested Joseph Christian Bogo, 34, a blogger, for his alleged involvement in p*ornography in Barangay Malbago, Daanbantayan, Cebu last Feb. 27, 2011.
 
Authorities rescued seven women, three of whom were minors.
 
Bogo was caught in the act of training his video camera at half-naked women who were having a “mock catfight.”
 
One of the victims told the police that older victims received P2,000 after their “performance,” while the minors received P1,500.
Police seized from Bogo a mini-DV cartridge and the video camera he used to record the topless girls, aged between 14 and 18 years old.
 
Bogo, in his demurrer to evidence, said they did nothing wrong when the tanod arrested them.
 
He argued that he did not commit any act of lascivious conduct that may be considered p*ornography.
 
Granting that he recorded the “catfight,” Bogo said that such act cannot be considered as explicit sexual activities or p*ornography since it was not done for sexual purpose.
 
In its comment, the prosecution argued the evidence showed that Bogo conspired with a certain Cheryl and recruited the victims for sexual exploitation.
 
The prosecution asked Judge Veloso to deny the defense’s demurrer to evidence for lack of merit.
 
In her order, Judge Veloso granted Bogo’s demurrer to evidence and ruled that the barangay tanod had no first-hand knowledge of what Bogo and the women were doing.
 
“There was no crime being committed in the presence of the tanod or neither did they have probable cause based on personal knowledge that a crime had been committed,” said Veloso.
 
The alleged p*ornographic videos were obtained by the police only after the accused was arrested and his camera was confiscated, the judge said.
 
“Such evidence is inadmissible and cannot be used against the accused,” said Veloso.
Edited by Paul
posted original source
Link to post
Share on other sites
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

  • oztony

    6

  • RogerDuMond

    6

  • contraman

    5

  • Irenicus

    4

Top Posters In This Topic

Popular Posts

I have been following this case for nearly five years.  I know him by his blog "Wandering Blindly" when I was researching the Philippines.  Seemed like a straightforward dude.   I knew he had been r

Sex crimes ? I have obviously missed some of the hard proof on offer here , unless you are referring to accusation and innuendo , accompanied by a wrestling tape of girls in bikini's ......

Again...I only have knowlege of the US laws in this arena. In the US it is rare to see a young girl that is "budding" go topless. However, in Europe it is acceptable. In Brazil the expectation is ever

contraman
Irenicus

I have been following this case for nearly five years.  I know him by his blog "Wandering Blindly" when I was researching the Philippines.  Seemed like a straightforward dude.

 

I knew he had been released on appeal about a year ago - I actually saw his FB before he made it completely private and boy, does he loathe the Philippines now.

 

I am not going to comment on the merits of the case as Philippine law is a bit...... beyond me.

 

Bottom Line:  With what they had on the camera and with the testimony of the girls, he is fugging lucky to be getting out of this country with a heatbeat.

 

I hope he appreciates that fact.

  • Like 5
Link to post
Share on other sites
contraman

Deleted


Paul fixed the OP  :idontknow:


Edited by contraman
Link to post
Share on other sites
contraman

Finally smart enough to pay?

 

How do you know that ?  :idontknow:

  • Like 1
Link to post
Share on other sites
oztony

Wonder how much it cost...

  

Finally smart enough to pay?

I doubt he did pay , his attitude is a reflection of his long bitter wait to get to where he is now , the judge got it right although he already served a long enough sentence for any perceived crime anyway , although it being stupidity the real cause of his grief , the guy comes across as an imbecile , tightly wrapped with himself, no pity here.......
  • Like 3
Link to post
Share on other sites
RogerDuMond

That is certainly surprising...  :cool:

 

 

Why? As I have said in the past, for a legal arrest, there has to be charges filed by a victim or you have to be caught in the act by a law enforcement official. Neither of which appears to have been the case here.

Edited by RogerDuMond
  • Like 3
Link to post
Share on other sites
Headshot

Finally smart enough to pay?

 

No...I'm just surprised he got off. These cases don't normally have even a somewhat happy ending. Even when they don't have any evidence, witnesses are usually enough to convict a foreigner of whatever they want to charge him with. In this case, there was evidence..although the judge disallowed it since it was gathered after the arrest. I'm not sure what difference that makes. I hope the Philippine prosecutors have enough sense to give the evidence to the US prosecutors. If they do, there will be US Marshals waiting for him when he lands back on US soil. Sex crimes (especially against minors) committed on foreign soil can still be prosecuted in the US...even if you are acquitted in the country where the incident occurred.

  • Like 3
Link to post
Share on other sites
oztony

Sex crimes ? I have obviously missed some of the hard proof on offer here , unless you are referring to accusation and innuendo , accompanied by a wrestling tape of girls in bikini's ......

  • Like 4
Link to post
Share on other sites

Police seized from Bogo a mini-DV cartridge and the video camera he used to record the topless girls, aged between 14 and 18 years old.

 

I'm only guessing but I'd say he got off on a technicality wouldn't you?

 

KonC

  • Like 2
Link to post
Share on other sites
contraman

Police seized from Bogo a mini-DV cartridge and the video camera he used to record the topless girls, aged between 14 and 18 years old.

 

I'm only guessing but I'd say he got off on a technicality wouldn't you?

 

KonC

Or the incorrect charges were laid ! :idontknow:

Link to post
Share on other sites

...Sex crimes (especially against minors) committed on foreign soil can still be prosecuted in the US...even if you are acquitted in the country where the incident occurred.

Don't get me wrong, I'm not defending him. That said, I'm surprised double jeopardy wouldn't get him off.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..

Capture.JPG

I Understand...