DIANA ALVAREZ: Florida vs. Jorge Guerrero for murder of 9-year-old *GUILTY PLEA*

Diana Alvares, 9, was last seen Sunday in the 3500 block of Unique Circle in Fort Myers, according to the Florida Department of Law Enforcement.

Lee County Sheriff’s Office has detained 28-year-old Jorge Guerrero. The Amber Alert said Alvares might have been in the company of Guerrero.

Person of Interest Found in Missing Fort Myers Girl Investigation

Authorities have detained a person of interest in the Florida Amber Alert issued Thursday for a missing Fort Myers girl

www.nbcmiami.com

MEDIA

 

[SheWhoMustNotBeNamed]

Attorney for accused murderer of Diana Alvarez files to suppress evidence

The attorney for Jorge Guerrero-Torres, accused killer of Diana Alvarez has challenged cell phone evidence and oral statements being used against his client.

www.winknews.com

Attorney for accused murderer of Diana Alvarez files to suppress evidence​

The attorney for Jorge Guerrero-Torres, accused of kidnapping 9-year-old Diana Alvarez from her family’s San Carlos Park home and murdering her in 2016, has challenged cell phone evidence and statements to investigators being used against his client.

Guerrero-Torres’ attorney filed motions to suppress cell phone evidence and any written and oral statements made by the suspect to investigators. The filings say the cell phone was seized without a warrant, making its search unlawful, and that the statements made by Guerrero-Torres were “obtained in violation of [his] privilege against self-incrimination, [his] right to counsel, and [his] right to due process of law as guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.”

Guerrero’s attorney filed a motion to not use the phone in 2017 because it was password-protected. Guerrero also used a password-protected app called “Vault” where he kept inappropriate photos of other women, Guerrero said during his 2017 testimony.


Guerrero-Torres’ next court hearing is scheduled for Jan. 17.

 

[Mel70]

Attorney for accused murderer of Diana Alvarez files to suppress evidence

The attorney for Jorge Guerrero-Torres, accused killer of Diana Alvarez has challenged cell phone evidence and oral statements being used against his client.

www.winknews.com

Attorney for accused murderer of Diana Alvarez files to suppress evidence​

The attorney for Jorge Guerrero-Torres, accused of kidnapping 9-year-old Diana Alvarez from her family’s San Carlos Park home and murdering her in 2016, has challenged cell phone evidence and statements to investigators being used against his client.

Guerrero-Torres’ attorney filed motions to suppress cell phone evidence and any written and oral statements made by the suspect to investigators. The filings say the cell phone was seized without a warrant, making its search unlawful, and that the statements made by Guerrero-Torres were “obtained in violation of [his] privilege against self-incrimination, [his] right to counsel, and [his] right to due process of law as guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.”

Guerrero’s attorney filed a motion to not use the phone in 2017 because it was password-protected. Guerrero also used a password-protected app called “Vault” where he kept inappropriate photos of other women, Guerrero said during his 2017 testimony.


Guerrero-Torres’ next court hearing is scheduled for Jan. 17.

Oh FFS! I am so tired of this crap. The defendant's precious rights. I don't give a s**t if they have NONE! The victims didn't have any rights."Life, The pursuit of happiness" Are violated.

 

[SheWhoMustNotBeNamed]

State denies motion seeking separate trials for suspect in 2016 kidnapping, murder

The state has denied a motion for a man accused of in the death of 9-year-old Diana Alvarez in 2016, asking for jury trials on the different charges

www.news-press.com

State denies motion seeking separate trials for suspect in 2016 kidnapping, murder​

The state has denied a motion for a Fort Myers man accused of kidnapping, molesting and murdering 9-year-old Diana Alvarez in 2016 asking for separate jury trials on the different charges.

Jorge Guerrero-Torres, 34, wanted separate trials for each of the three charges he faces — first-degree murder; kidnapping; and lewd and lascivious molestation. He was already convicted on two counts of federal child pornography charges connected to the girl from her San Carlos Park home.


Guerrero-Torres is next due in court March 13 for a pretrial conference before Lee Circuit Judge Margaret Steinbeck, followed by March 21; March 22; and April 21 motions hearings.

 

[kdg411]

Per Lee County public court records;

COMES NOW, the Defendant, by and through the Office of the Public Defender, and the State Attorney and jointly stipulate that the deadline for mitigation will currently be continued to June 1st, 2023

 

[Mel70]

OMG. Again. How many cases?. I have seen 3 threads I responded to in the last few hours. This is is just beyond ridiculous.

 

[Summer_Breeze]

Trial delayed in 2016 kidnapping, molestation, murder; cellphone search appeal ongoing

The trial for a Fort Myers man accused of kidnapping, molesting and murdering 9-year-old Diana Alvarez in 2016 was delayed by more than four months.

www.news-press.com

Tomas Rodriguez
Fort Myers News-Press
March 23, 2023

The trial for a man accused of kidnapping, molesting and murdering 9-year-old Diana Alvarez in 2016 has been delayed by more than four months as the public defender representing him continues to appeal his cellphone's search.

Originally slated May 9, the trial for Jorge Guerrero-Torres, 34, of Fort Myers, was pushed back to Sept. 26 or later, court records indicate. Lee Circuit Judge Margaret Steinbeck signed off on the delay March 15.

 

[Summer_Breeze]

Judge considering new evidence for murder trial of 9-year-old girl

A judge is currently deciding if cell phone evidence will be permissible in the murder trial of 9-year-old girl.

winknews.com

Published: June 2, 2023
Updated: June 2, 2023

A judge is currently deciding if cell phone evidence will be permissible in the murder trial of a 9-year-old girl.

<snip>

Investigators said they have enough cell phone evidence against Guerrero, which includes lewd pictures of the girl.

Defense attorneys want that evidence excluded, because they claim deputies didn’t have a search warrant.

 

[SheWhoMustNotBeNamed]

Trial for Jorge Guerrero-Torres in slaying of 9-year-old Diana Alvarez again delayed

The trial for Jorge Guerrero-Torres in the slaying of 9-year-old Diana Alvarez will likely not begin until the spring, pending evaluations.

news.yahoo.com

A Punta Gorda man accused of the 2016 kidnapping, rape and murder of 9-year-old Diana Alvarez, of San Carlos Park, stared directly at the judge Friday as his tentative trial date was again pushed back and likely won't start until spring.

Jorge Guerrero-Torres, 35, will likely face trial before Lee Circuit Judge Margaret Steinbeck in mid-March or April. Prior, his trial had been scheduled for Sept. 26 or later.


Steinbeck addressed a motion potentially in the works seeking Guerrero-Torres' incompetence due to intellectual disability or autism, but Beard declined.

Fox said they've retained an expert in Tampa to evaluate Guerrero-Torres, which could happen in August or September.

"I don't know that the experts will have finished their reports by then," Fox said when asked whether the previous tentative start date of late September remained valid.

Other factors that led to the delay include that Steinbeck continues to go through Guerrero-Torres' transcripts, adding she plans to rule on several recent motions.

When the trial begins in the spring, Steinbeck said she will allot two full weeks, and, if needed after that, partial weeks or scattered days.


Guerrero-Torres is next due in court Sept. 5 for a pretrial conference before Steinbeck.

 

[GrandmaBear]

Just pointing out another case with delays which I am going to continue to do. Ridiculous.

 

[SheWhoMustNotBeNamed]

Just pointing out another case with delays which I am going to continue to do. Ridiculous.

That's just our justice system at this point. No need to keep pointing it out. I've read it on a dozen cases in the last month.
Delays are more common than not and it would be a shock / worth pointing out something that goes to trial as scheduled.
JMO.

 

[GrandmaBear]

That's just our justice system at this point. No need to keep pointing it out. I've read it on a dozen cases in the last month.
Delays are more common than not and it would be a shock / worth pointing out something that goes to trial as scheduled.
JMO.

I respectfully don't agree. Just like releasing murderers. It is only going to get worse as we can't do anything about it, feel we can't but all are outraged by it and so I will keep pointing it out and maybe, just maybe someone will. Do something about it. Fat chance probably but who knows... I do remark on one that goes to trial on time. And give praise for it.

And it isn't just our system at this point, it's been going on a long time. It isn't like due to Covid or anything. That has definitely been used though. How long was it for Dylan Redwine's case? And a ton of others. How does anything ever change if no one talks about it or gets outraged about it?

Yeah, that's how we get, give up, can't fix it. My saying it won't change it but maybe, just maybe it will get others doing the same and some noise will be heard. Probably not but it is my teensy effort.

 

[SheWhoMustNotBeNamed]

Man accused of kidnapping, raping, killing 9-year-old requests execution immunity

81-page motion claims the death penalty violates Jorge Guerrero-Torres' constitutional rights because of his "subaverage" intellect.

www.news-press.com

Man accused of kidnapping, raping, killing 9-year-old requests execution immunity​

A Punta Gorda man charged in the 2016 kidnapping, rape and murder of 9-year-old Diana Alvarez, of San Carlos Park, hopes his alleged intellectual disability will spare him from death row.

Jorge Guerrero-Torres, 35, is charged with capital first-degree murder; kidnapping; and lewd and lascivious molestation. A Lee County grand jury indicted Guerrero-Torres on all three counts May 3, 2018.

Guerrero-Torres will likely face trial before Lee Circuit Judge Margaret Steinbeck in mid-March or April.

The 81-page motion filed by public defender Philadelphia Beard on Jan. 12 claims the the death penalty violates Guerrero-Torres' Fifth, Sixth, Eighth and Fourteenth Amendments.

According to the motion, Guerrero-Torres meets the criteria for intellectual disability because he displays "significant subaverage" intellectual functioning. His IQ score is omitted in the motion.

Court documents further say Guerrero-Torres suffers from "significant" deficits in adaptive functioning, including his conceptual, social and practical skills.

The motion includes evaluations done by Dr. Jacqueline Valdes, a clinical neuropsychologist in Hollywood, Florida.

Court documents say Guerrero-Torres never attended school, and despite his older sister Maria "Lucia" Guerrero-Torres attempting to teach him basic math and money management skills, those attempts weren't successful.

The motion further mentions executive functioning, self-direction and communication constraints, among others.

 

[GrandmaBear]

Man accused of kidnapping, raping, killing 9-year-old requests execution immunity

81-page motion claims the death penalty violates Jorge Guerrero-Torres' constitutional rights because of his "subaverage" intellect.

www.news-press.com

Man accused of kidnapping, raping, killing 9-year-old requests execution immunity​

A Punta Gorda man charged in the 2016 kidnapping, rape and murder of 9-year-old Diana Alvarez, of San Carlos Park, hopes his alleged intellectual disability will spare him from death row.

Jorge Guerrero-Torres, 35, is charged with capital first-degree murder; kidnapping; and lewd and lascivious molestation. A Lee County grand jury indicted Guerrero-Torres on all three counts May 3, 2018.

Guerrero-Torres will likely face trial before Lee Circuit Judge Margaret Steinbeck in mid-March or April.

The 81-page motion filed by public defender Philadelphia Beard on Jan. 12 claims the the death penalty violates Guerrero-Torres' Fifth, Sixth, Eighth and Fourteenth Amendments.

According to the motion, Guerrero-Torres meets the criteria for intellectual disability because he displays "significant subaverage" intellectual functioning. His IQ score is omitted in the motion.

Court documents further say Guerrero-Torres suffers from "significant" deficits in adaptive functioning, including his conceptual, social and practical skills.

The motion includes evaluations done by Dr. Jacqueline Valdes, a clinical neuropsychologist in Hollywood, Florida.

Court documents say Guerrero-Torres never attended school, and despite his older sister Maria "Lucia" Guerrero-Torres attempting to teach him basic math and money management skills, those attempts weren't successful.

The motion further mentions executive functioning, self-direction and communication constraints, among others.

If true he likely had an awful hard life. It doesn't excuse what he did or mean he couldn't stop himself nor know right from wrong.

So too bad for him. You're own life is sh*t so you ruin someone else's. Short of him not knowing what he was doing and not knowing it was wrong which I don't buy, tough sh*t. No way he should be cut a break.

 

[SheWhoMustNotBeNamed]

Alvarez murder: Judge approves motion to suppress statements suspect gave out of county

A judge sided with a man charged in the 2016 kidnapping, rape and murder of 9-year-old Diana Alvarez and has barred the use of some statements.

www.news-press.com

Alvarez murder: Judge approves motion to suppress statements suspect gave out of county​

A judge sided with a Punta Gorda man charged in the 2016 kidnapping, rape and murder of 9-year-old Diana Alvarez, of San Carlos Park, and has barred the use of statements given to law enforcement in his upcoming trial.

Jorge Guerrero-Torres, 35, is charged with capital first-degree murder; kidnapping; and lewd and lascivious molestation. A Lee County grand jury indicted Guerrero-Torres on all three counts May 3, 2018.

Guerrero-Torres will likely face trial before Lee Circuit Judge Margaret Steinbeck in mid-March or April.

Steinbeck on Friday OK'd a motion filed Dec. 6, 2022, that sought to disqualify the use of written and oral statements he provided to law enforcement when he was being questioned about Alvarez's disappearance.

The motion bars statements Guerrero-Torres gave between his June 3, 2016 Okeechobee County arrest and his transfer to Lee County two days later.

At the time, detectives asked Guerrero-Torres where the "little girl" was, and if he had sex with her. Guerrero-Torres denied he was at the San Carlos home, touched Alvarez, hurt her or knew her whereabouts.

The audio and video-recorded statements were admitted into evidence during March 21 and March 22, 2023, hearings, court records show. The motion sought to bar four particular statements, but doesn't specify the content of the statements.

Guerrero-Torres has several pending motions in the case.

An 81-page motion filed by public defender Philadelphia Beard on Jan. 12 claims the the death penalty violates Guerrero-Torres' Fifth, Sixth, Eighth and Fourteenth Amendments.

According to the motion, Guerrero-Torres meets the criteria for intellectual disability because he displays "significant subaverage" intellectual functioning. His IQ score is isn't listed in the motion.


Guerrero-Torres is next due in court March 5 for a pretrial conference.

 

[noZme]

2016 This case is dragging out forever!
The current Texas search for Audrii made me think about Diana.

 

[GrandmaBear]

2016 This case is dragging out forever!
The current Texas search for Audrii made me think about Diana.

Yep, I know I am a broken record but cases will get to and already are we will be lucky in the normal length of a normal lifetime will even conclude. It is wrong, it is unfair and if such was a business they''d be bankrupt, long closed and all fired.

Witnesses die or forget, DA's and investigators and judges change and a new sheriff comes to town and so on. All to the beneifit of the defense/defendant.

It's wrong. No one needs three, five, ten or 15 years to do their job and get a case tried. So much b.s. and apparently just some rules about scheduliing and calling a line and deadline on b.s. on all sides, is enough. But no, they never even need a reason or have to give one. It could be simply that defense claimed a conflict or just wants a day or week off or a judge, etc.

It is disgusting.

It is a system gone wrong if it ever was right which we are all raised to believe. All sides need to get the job done. Period. A year is plenty imo. Then three it was. Stndard. Now more and far longer. Broken system and most of it about b.s.

Yeah Diana and others will end up having been younger when murdered than the years ti takes for their loved ones and the victim to ever get to trial. It is sick.

 

[kdg411]

I've followed this case from when Diana was reported missing and am glad to see a minority receive the attention and follow thru. Jorge will never get out of prison because he's serving a Federal sentence which sort of mollifies the rush however Rita Hernandez is still waiting. Florida justice is sorely lacking. Nubia Docter was murdered in Palm Beach County, FL in 2011 and her predators case is STILL pending in Miami-Dade.

 

[SheWhoMustNotBeNamed]

Family of Diana Alvarez seeks justice as accused killer is set to appear in court for plea deal

It has been eight years since the kidnapping and death of 9-year-old Diana Alvarez, and on Monday the accused killer will be in court once again.

winknews.com

Family of Diana Alvarez seeks justice as accused killer is set to appear in court for plea deal​

It has been eight years since the kidnapping and death of 9-year-old Diana Alvarez, and on Monday the accused killer will be in court once again.

“We don’t want a plea deal. We want a trial. We want justice for Diana Alvarez” said Diana’s sister, Lisette Alvarez.

Jorge Guerrero Torres is accused of kidnapping, raping, and murdering 9-year-old Diana in 2016. In February a judge ruled to suppress statements made by Guerrero during his interrogation following his arrest in 2016.

The judge ruled in part that Guerrero made statements without understanding his Miranda Rights due to a language barrier.

Diana’s mother, Rita Hernandez says the possibility of Guerrero being offered a plea deal is insulting.

“After all of this, they tell me that they’re going to accept a plea deal, they’re going to give him a plea deal. When they told me, I started to laugh,” says Hernandez, “In front of them all, I started to laugh. I told them, “That’s what they’re going to do?” They said, “Yes.” I said, “Wow.” I told them just like that.”

Family and friends say they never saw the potential of a plea deal coming since when the case began, Guerrero Torres faced the death penalty.

Mary Terrazas helped search for Diana when she went missing and she says she was shocked by the news Guerrero is being offered a plea bargain.

“What has happened to our system? Why offer him a plea bargain? Where is the justice for this little girl?” said Terrazas.

Hernandez says losing her daughter and going years without answers or justice has been incredibly hard on her.

“I want justice for my daughter. There needs to be justice for Diana Alvarez. Because they’re not going to return my daughter,” said Hernandez. “My daughter will not return to this world. She will never again say, “Mom, I’m home. Mom, I’m here. Mom, make me some food. Mom, I’m hungry.” No. No, there will never be another Diana in my home. There will never be another Diana to tell me “Mom, I’m home.” Never again.”

Diana’s family will be in court to hear Guererro’s plea on Monday at the Lee County courthouse. The family is asking the public to show support for Diana in the hopes of justice being served.

 

[SheWhoMustNotBeNamed]

No plea deal: No agreement reached for man accused in Diana Alvarez kidnapping and murder case

No plea agreement was reached on Monday for the man accused of 2016 kidnaping and killing 9-year-old Diana Alvarez in San Carlos Park.

www.nbc-2.com

No plea deal reached for man accused in Diana Alvarez kidnapping and murder case​

No plea agreement was reached on Monday for Jorge Guerrero-Torres, the man accused of kidnapping and killing 9-year-old Diana Alvarez in San Carlos Park.

Guerrero-Torres faces charges of first-degree murder, kidnapping, and lascivious molestation in connection with Alvarez's disappearance from her home in 2016.


On Monday, the court announced plans to proceed with either a pre-trial hearing or a new plea hearing, depending on negotiations between the state and the defense. The hearing is scheduled for Thursday, March 14, at 8:30 a.m.

The judge said Guerrero-Torres is facing two life felonies and a capital felony.

Guerrero-Torres has already been convicted on two federal child pornography charges related to Diana Alvarez. In 2017, he received a 40-year sentence for possessing sexually explicit images of the victim on his cellphone.

 

[SheWhoMustNotBeNamed]

He had a translator and still didn't understand? Ok.

Jorge Guerrero-Torres expected plea delayed until March 14, citing language barriers

Jorge Guerrero-Torres, of Punta Gorda, faces capital murder charges in the 2019 killing of 9-year-old Bonita Springs girl Diana Alvarez.

www.news-press.com

Jorge Guerrero-Torres expected plea delayed until March 14, citing language barriers​

At least six relatives of 9-year-old Diana Alvarez, who was kidnapped, raped and murdered in 2016, sat in the second row as the accused killer expressed confusion over the implications of a tentative plea agreement.

Jorge Guerrero-Torres, 35, of Punta Gorda, is charged with capital first-degree murder; kidnapping; and lewd and lascivious molestation of the San Carlos Park girl whose body was found four years later. Lee County grand jury indicted Guerrero-Torres on all three counts May 3, 2018.

Lee Circuit Judge Margaret warned Guerrero-Torres, his attorneys and state prosecutors about the time sensitivity in the case, adding that the deadline to send out jury duty summons six weeks in advance is looming. If Guerrero-Torres doesn't enter a plea, his six-week trial could begin as soon as mid-April.

Steinbeck set time for a plea hearing 8:30 a.m. March 14. The plea agreement would allow Guerrero-Torres to avoid the death penalty.

Monday's expected plea deal was delayed after Guerrero-Torres didn't understand the proceeding or the implications of a plea agreement.

During the roughly one-hour hearing, Steinbeck allotted two breaks — one of them 10 minutes long —, giving Guerrero-Torres time to clear any hurdles with his attorneys, assisted by a Spanish-language translator.