SAN CARLOS PARK
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-Torres had been living with Diana’s family before her disappearance when she was abducted from her home in San Carlos Park on May 29, 2016. He was ultimately arrested and charged with her kidnapping. Her remains were not found until 2020 near Yeehaw Junction in Central Florida.
Investigators found pictures of Diana on Guerrero-Torres’ cell phone. He was later convicted in federal court for child pornography relating to those photos and sentenced to 40 years in federal prison.
Guerrero-Torres’ next court hearing is scheduled for Jan. 17.