1 00:00:02,042 --> 00:00:05,708 [dramatic music] 2 00:00:05,875 --> 00:00:08,000 - It's rare for criminal defendants 3 00:00:08,125 --> 00:00:09,958 to take the stand. 4 00:00:10,083 --> 00:00:11,417 It's a risk very few take. 5 00:00:11,500 --> 00:00:15,333 At stake: their freedom, or even their lives. 6 00:00:15,375 --> 00:00:17,958 - She said she wanted me to be obsessed with her, 7 00:00:18,042 --> 00:00:20,667 to be a stalker. 8 00:00:20,792 --> 00:00:22,417 - This is Mauricio Guerrero. 9 00:00:22,542 --> 00:00:24,583 He's accused of breaking into a home 10 00:00:24,708 --> 00:00:29,417 and filming explicit videos of a woman he met on OnlyFans, 11 00:00:29,542 --> 00:00:31,375 an adult online site. 12 00:00:31,542 --> 00:00:34,167 - And I believe that's what she would want me to do. 13 00:00:34,375 --> 00:00:37,250 - Will he be able to convince a jury that his actions 14 00:00:37,375 --> 00:00:39,458 were all part of a role-playing game 15 00:00:39,542 --> 00:00:42,000 that the victim willingly encouraged? 16 00:00:42,125 --> 00:00:45,167 Or will the prosecution be able to persuade the jury 17 00:00:45,292 --> 00:00:48,875 that what was supposed to be a fantasy-romance 18 00:00:48,875 --> 00:00:50,667 resulted in a real crime? 19 00:01:00,625 --> 00:01:03,083 - Take a courtside seat with the prosecutor... 20 00:01:03,167 --> 00:01:04,542 - A woman can play with a boy's heart, 21 00:01:04,667 --> 00:01:06,833 she can lead him on, but that doesn't make it okay 22 00:01:06,917 --> 00:01:08,625 for him to do what he did. 23 00:01:08,750 --> 00:01:10,375 - The investigating officer... 24 00:01:10,375 --> 00:01:11,750 - The internet is a dangerous place. 25 00:01:11,875 --> 00:01:14,000 - The mental health counselor who followed the trial... 26 00:01:14,167 --> 00:01:16,167 - Mauricio does not fit into any 27 00:01:16,250 --> 00:01:19,458 of the well-researched stalker categories. 28 00:01:19,583 --> 00:01:20,542 Not even close. 29 00:01:20,750 --> 00:01:22,458 - And the legal analyst covering the case. 30 00:01:22,542 --> 00:01:26,167 - The victim actually had sex with the stalker 31 00:01:26,333 --> 00:01:29,542 and muddied the waters for the jury. 32 00:01:29,625 --> 00:01:33,792 - I'm Dan Abrams, and this is "Taking the Stand." 33 00:01:33,792 --> 00:01:36,208 - Raise your right hand. - Do you solemnly swear... 34 00:01:36,208 --> 00:01:38,542 - I'm being honest with everything I say to you. 35 00:01:38,667 --> 00:01:40,333 - Do you solemnly swear... - To speak the whole truth 36 00:01:40,542 --> 00:01:42,208 and nothing but the truth? - I would like to testify. 37 00:01:42,292 --> 00:01:44,042 - The testimony you are about to give... 38 00:01:44,208 --> 00:01:45,792 The whole truth and nothing but the truth, 39 00:01:45,917 --> 00:01:48,083 so help you God? 40 00:01:49,708 --> 00:01:53,792 ♪ 41 00:02:23,208 --> 00:02:26,167 - This is a story about how the physical acts 42 00:02:26,333 --> 00:02:28,667 that make something a crime for one person 43 00:02:28,750 --> 00:02:30,625 might not make that a crime for another 44 00:02:30,708 --> 00:02:32,125 if their state of mind is different. 45 00:02:38,625 --> 00:02:41,417 - She said she wanted me to be obsessed with her, 46 00:02:41,500 --> 00:02:45,667 to be a stalker, that she'd liked it. 47 00:02:45,667 --> 00:02:50,375 ♪ 48 00:02:50,375 --> 00:02:52,708 - 22-year-old Mauricio Guerrero is facing 49 00:02:52,708 --> 00:02:56,458 up to 15 years in prison for four burglary counts, 50 00:02:56,583 --> 00:02:59,292 two counts of criminal trespass, 51 00:02:59,375 --> 00:03:01,375 and two counts of invasion of privacy. 52 00:03:01,542 --> 00:03:04,167 Prosecutors claim Guerrero broke into the victim's home 53 00:03:04,333 --> 00:03:06,708 multiple times, hid in her attic, 54 00:03:06,833 --> 00:03:09,750 and committed depraved acts. 55 00:03:09,875 --> 00:03:11,708 Because these are felonies, 56 00:03:11,708 --> 00:03:13,458 Guerrero is facing the possibility 57 00:03:13,542 --> 00:03:15,917 of becoming a registered sex offender 58 00:03:15,917 --> 00:03:17,625 for his adult life. 59 00:03:17,708 --> 00:03:20,792 But the defense believes that putting Guerrero on the stand 60 00:03:20,792 --> 00:03:23,292 can convince the jury that he was just 61 00:03:23,417 --> 00:03:28,083 a naive younger man led on by an experienced woman 62 00:03:28,208 --> 00:03:30,375 for financial gain. 63 00:03:47,375 --> 00:03:49,708 - What I'll say about the victim here 64 00:03:49,875 --> 00:03:53,375 is that she knew that what she did for a living 65 00:03:53,542 --> 00:03:55,333 could be used against her, 66 00:03:55,458 --> 00:03:58,500 and I think that she has never shied away 67 00:03:58,625 --> 00:04:00,667 from participating in this process. 68 00:04:00,792 --> 00:04:03,958 So, you know, I thought she was incredibly brave for that. 69 00:04:04,042 --> 00:04:05,542 - Due to the nature of the case, 70 00:04:05,625 --> 00:04:08,167 the alleged victim wished to remain anonymous. 71 00:04:08,250 --> 00:04:12,458 ♪ 72 00:04:14,167 --> 00:04:15,333 - Yes. 73 00:04:16,375 --> 00:04:18,500 - Because I believe it's something 74 00:04:18,708 --> 00:04:21,167 she would have wanted me to do 75 00:04:21,375 --> 00:04:22,833 'cause we would talk about it. 76 00:04:23,000 --> 00:04:24,958 ♪ ♪ 77 00:04:42,292 --> 00:04:44,667 [sirens blaring] 78 00:04:44,792 --> 00:04:49,708 - On February 9, 2022, a 24-year-old single woman 79 00:04:49,833 --> 00:04:54,625 in Somersworth, New Hampshire, was sleeping at about 4:15 a.m. 80 00:04:54,792 --> 00:04:59,000 when she was startled awake and saw a shadowy figure 81 00:04:59,167 --> 00:05:01,500 in the hallway outside of her bedroom. 82 00:05:11,000 --> 00:05:15,167 - The victim in this case was a young 24-year-old 83 00:05:15,292 --> 00:05:17,417 single mother of a three-year-old. 84 00:05:17,542 --> 00:05:19,125 She was living with her mother in Somersworth 85 00:05:19,375 --> 00:05:20,708 at the time of the incident. 86 00:05:20,792 --> 00:05:22,125 - She went into her mother's room 87 00:05:22,292 --> 00:05:24,333 and told her that she thought someone 88 00:05:24,417 --> 00:05:27,583 was lurking in their house. 89 00:05:27,750 --> 00:05:30,167 - Dispatch center received a 911 call 90 00:05:30,333 --> 00:05:33,500 stating that there was someone in their attic. 91 00:05:33,667 --> 00:05:36,500 - I walked down the hill to get an easterly view of the house, 92 00:05:36,750 --> 00:05:38,333 and at that point, I saw somebody 93 00:05:38,375 --> 00:05:39,542 crawling across the roof. 94 00:05:39,792 --> 00:05:43,500 I immediately went upstairs to the attic. 95 00:05:43,542 --> 00:05:45,375 There's a window in the attic that goes out 96 00:05:45,500 --> 00:05:47,000 to that flat part of the roof. 97 00:05:47,042 --> 00:05:50,542 I announced myself as a Somersworth police officer. 98 00:05:50,708 --> 00:05:53,292 I ordered him to come off of the roof. 99 00:05:53,375 --> 00:05:54,792 I detained him at that point. 100 00:05:54,792 --> 00:05:56,833 - Once he was placed into custody 101 00:05:56,917 --> 00:05:59,417 and subsequently arrested, it was learned 102 00:05:59,542 --> 00:06:01,458 through his Pennsylvania driver's license, 103 00:06:01,625 --> 00:06:05,500 that his name is Mauricio Damian Guerrero. 104 00:06:05,625 --> 00:06:09,167 Initially, Mr. Guerrero informed officers 105 00:06:09,333 --> 00:06:12,708 that he was only there for two hours 106 00:06:12,917 --> 00:06:15,542 at the time of when he was arrested. 107 00:06:15,542 --> 00:06:18,375 But the good thing about modern technology 108 00:06:18,458 --> 00:06:21,333 is that it leaves a good trail of evidence. 109 00:06:21,458 --> 00:06:25,750 Upon further investigating Mr. Guerrero's phone, 110 00:06:25,875 --> 00:06:28,667 we discovered that he had actually come and gone 111 00:06:28,833 --> 00:06:32,792 several times over the course of the previous few days, 112 00:06:32,958 --> 00:06:36,083 one of which time he had purchased food 113 00:06:36,083 --> 00:06:39,500 and went up to the attic. 114 00:06:39,625 --> 00:06:41,292 - Look how far he went. 115 00:06:41,292 --> 00:06:45,667 He's eating food and urinating in a cup in someone's attic 116 00:06:45,708 --> 00:06:47,583 and going in and out while they're sleeping. 117 00:06:47,708 --> 00:06:50,042 - It was discovered through his phone 118 00:06:50,208 --> 00:06:53,125 that he had also had walked around the house, 119 00:06:53,250 --> 00:06:55,042 photographing the residents. 120 00:06:55,208 --> 00:06:57,417 And then he steals some 121 00:06:57,417 --> 00:06:59,833 personal clothing items of the victim. 122 00:06:59,958 --> 00:07:01,583 - He does take some of her belongings, 123 00:07:01,792 --> 00:07:04,000 her underwear, some photographs of her 124 00:07:04,125 --> 00:07:05,250 that were around the house. 125 00:07:05,333 --> 00:07:07,125 The underwear was found in his truck, 126 00:07:07,208 --> 00:07:09,167 so we knew that it couldn't be the last break in, right, 127 00:07:09,292 --> 00:07:10,875 'cause he was caught in the house. 128 00:07:10,875 --> 00:07:13,792 - Mauricio tells the police, yes, I was there, 129 00:07:13,875 --> 00:07:15,833 but I have a relationship with this woman. 130 00:07:15,958 --> 00:07:20,500 - I tried to go back into her house to make her happy 131 00:07:20,625 --> 00:07:22,250 that I made it in or something 132 00:07:22,417 --> 00:07:24,708 because it's something like a fantasy 133 00:07:24,708 --> 00:07:26,667 that she would want me to do sometimes. 134 00:07:26,833 --> 00:07:29,875 I believe it was just a game of ours. 135 00:07:30,000 --> 00:07:33,500 - Mauricio Guerrero and the alleged victim, then 24, 136 00:07:33,625 --> 00:07:37,583 first met in early October 2021 on OnlyFans, 137 00:07:37,667 --> 00:07:40,333 a paid-for social media platform 138 00:07:40,458 --> 00:07:42,667 largely used for adult content. 139 00:07:42,875 --> 00:07:46,875 Guerrero had paid to subscribe to the alleged victim's channel 140 00:07:47,042 --> 00:07:50,333 to gain access to sexually-explicit photos 141 00:07:50,500 --> 00:07:52,083 and videos of her. 142 00:07:55,667 --> 00:08:00,667 So on October 8th, around 11:00 at night, 143 00:08:00,750 --> 00:08:05,208 she was on live broadcast on OnlyFans. 144 00:08:10,375 --> 00:08:11,792 - Yes. 145 00:08:11,958 --> 00:08:14,542 - OnlyFans is a bit different than prostitution. 146 00:08:14,625 --> 00:08:18,500 An OnlyFans creator is still selling sex in a way, 147 00:08:18,583 --> 00:08:21,625 but at the same time, there's a relational component. 148 00:08:21,792 --> 00:08:25,833 There's this idea that the customer 149 00:08:26,000 --> 00:08:32,167 is buying the sentimental part of a romantic relationship, 150 00:08:32,333 --> 00:08:33,750 the communication part, 151 00:08:33,917 --> 00:08:37,000 but without the physical sexual component. 152 00:08:37,000 --> 00:08:39,667 - Mauricio, at the time that he met the victim, 153 00:08:39,792 --> 00:08:42,792 was living in one of the suburbs in Pennsylvania, 154 00:08:42,875 --> 00:08:45,833 working in his family's Mexican restaurant. 155 00:08:45,875 --> 00:08:48,875 He didn't graduate from high school, kind of a loner, 156 00:08:48,875 --> 00:08:52,333 and didn't have a relationship prior to the one 157 00:08:52,500 --> 00:08:54,167 that he created with the victim. 158 00:08:54,333 --> 00:08:58,500 And this is a man with no criminal record at all. 159 00:09:07,583 --> 00:09:10,833 - After a month, Guerrero and the alleged victim 160 00:09:10,958 --> 00:09:15,125 began communicating outside the OnlyFans site. 161 00:09:15,208 --> 00:09:18,042 - He's regularly making payments to her page, 162 00:09:18,125 --> 00:09:21,167 but ultimately, they exchange information, 163 00:09:21,250 --> 00:09:24,292 and she gives him her real name. 164 00:09:24,375 --> 00:09:26,833 She gives him her phone number. 165 00:09:26,917 --> 00:09:28,792 - I first gave her my number, 166 00:09:28,875 --> 00:09:33,917 and then she texted me on iMessage. 167 00:09:34,083 --> 00:09:36,667 - They started communicating frequently, 168 00:09:36,667 --> 00:09:38,667 and the boundaries between them appeared 169 00:09:38,750 --> 00:09:39,792 to get a little bit blurred. 170 00:09:47,625 --> 00:09:49,333 - We would FaceTime mostly. 171 00:09:49,417 --> 00:09:51,000 Instead of every once in a while, 172 00:09:51,083 --> 00:09:53,792 it would be every single day, and texting at the same time. 173 00:09:53,917 --> 00:09:56,917 And we would talk about things, what we liked, 174 00:09:57,042 --> 00:10:01,667 what we liked about each other, and what would she like to do, 175 00:10:01,833 --> 00:10:03,875 what was her, like, plans, her goals, 176 00:10:03,875 --> 00:10:05,750 her future, what were mine. 177 00:10:22,042 --> 00:10:24,292 - Mauricio and the victim exchanged a lot 178 00:10:24,417 --> 00:10:26,917 of explicit images and videos. 179 00:10:27,042 --> 00:10:29,042 There was exchanges in both directions, 180 00:10:29,167 --> 00:10:31,625 as one might expect in a romantic relationship 181 00:10:31,875 --> 00:10:34,792 that was intense or heated. 182 00:10:34,792 --> 00:10:38,667 And she has various needs that were expressed. 183 00:10:38,792 --> 00:10:41,208 For example, she wanted a television set 184 00:10:41,208 --> 00:10:43,208 and a portable fireplace. 185 00:10:43,292 --> 00:10:46,583 - She provides the address of where to mail these items, 186 00:10:46,583 --> 00:10:47,833 and he mails them to her. 187 00:10:48,042 --> 00:10:50,167 Mauricio ends up giving the victim 188 00:10:50,375 --> 00:10:52,792 $700 worth of gifts, 189 00:10:52,792 --> 00:10:55,667 being a TV, a portable fireplace, 190 00:10:55,667 --> 00:10:58,708 and lingerie, as a result of their relationship. 191 00:10:58,833 --> 00:11:01,042 But looking at it from the outside, 192 00:11:01,208 --> 00:11:04,000 you can clearly see that this victim was clearly 193 00:11:04,083 --> 00:11:06,667 using Mauricio for his money. 194 00:11:06,750 --> 00:11:10,250 - She still continued to say things like I love you. 195 00:11:10,250 --> 00:11:12,792 And, of course, then, we would FaceTime again, 196 00:11:12,875 --> 00:11:14,250 still, a lot of times. 197 00:11:20,625 --> 00:11:22,917 - The level of contact continued to increase 198 00:11:23,000 --> 00:11:25,000 throughout December. 199 00:11:25,042 --> 00:11:27,750 And perhaps they were playing a little game, 200 00:11:27,875 --> 00:11:29,708 like, a little bit of role-playing game. 201 00:11:29,792 --> 00:11:32,833 - She said she wanted me to be obsessed with her, 202 00:11:32,875 --> 00:11:36,875 to be a stalker, that she'd liked it. 203 00:11:37,000 --> 00:11:40,667 She talked about that she wanted-- 204 00:11:40,833 --> 00:11:42,375 she wanted me to-- 205 00:11:42,542 --> 00:11:45,292 she wanted me to rape her. 206 00:11:53,000 --> 00:11:56,208 - Mauricio was not a sophisticated player. 207 00:11:56,292 --> 00:11:59,750 And he was in a high-stakes game involving 208 00:11:59,875 --> 00:12:01,958 someone who was literally making a living 209 00:12:02,083 --> 00:12:05,667 from extracting resources from people like him. 210 00:12:05,833 --> 00:12:08,875 This leaves a dangerous area where 211 00:12:08,958 --> 00:12:13,000 especially immature men don't really keep up with the score. 212 00:12:13,208 --> 00:12:14,958 - She talked about, we could meet up. 213 00:12:15,125 --> 00:12:16,750 I'll come up to New Hampshire. 214 00:12:16,750 --> 00:12:19,542 She said, I want someone to stalk me. 215 00:12:19,625 --> 00:12:23,708 She had told me she would be happy if I was up there. 216 00:12:23,708 --> 00:12:26,375 - This wasn't something that was wanted. 217 00:12:26,500 --> 00:12:30,125 This was a pattern of behavior that was escalating. 218 00:12:44,208 --> 00:12:46,083 [dramatic music] 219 00:12:48,875 --> 00:12:50,333 - I can get you some water. 220 00:12:50,542 --> 00:12:52,875 ♪ 221 00:12:57,875 --> 00:13:00,292 - Mauricio Guerrero is on trial for multiple counts 222 00:13:00,375 --> 00:13:03,667 of burglary and invasion of privacy 223 00:13:03,792 --> 00:13:06,042 after breaking into the New Hampshire home 224 00:13:06,250 --> 00:13:11,167 of an OnlyFans content creator on February 7, 2022, 225 00:13:11,333 --> 00:13:14,750 charges that carry a possible 15-year sentence 226 00:13:14,958 --> 00:13:18,708 and the potential of becoming a registered sex offender. 227 00:13:18,792 --> 00:13:21,542 Prior to this incident, Guerrero had visited 228 00:13:21,750 --> 00:13:23,292 the alleged victim several times 229 00:13:23,292 --> 00:13:26,792 earlier in December 2021, while she was living 230 00:13:26,792 --> 00:13:28,958 in a nearby apartment complex. 231 00:13:29,042 --> 00:13:31,958 The defense believes if Guerrero tells the jury 232 00:13:31,958 --> 00:13:34,042 about the nature of these visits 233 00:13:34,042 --> 00:13:36,167 that they'll see a pattern of behavior 234 00:13:36,292 --> 00:13:39,917 from the alleged victim that will explain why Guerrero 235 00:13:40,042 --> 00:13:42,500 would have thought they were role-playing 236 00:13:42,667 --> 00:13:44,333 at the time of his arrest. 237 00:13:44,500 --> 00:13:47,333 ♪ ♪ 238 00:13:51,125 --> 00:13:54,333 - Well, she talked about it a lot on FaceTime, 239 00:13:54,458 --> 00:13:58,917 and text messages as well, so I said it was a good time. 240 00:13:59,000 --> 00:14:03,500 And December 7th, I decided to park 241 00:14:03,708 --> 00:14:06,167 in her apartment complex. 242 00:14:06,250 --> 00:14:10,083 I was nervous to go up there to knock on the door. 243 00:14:13,208 --> 00:14:15,333 - I believed that she wanted-- wanted me to come up. 244 00:14:19,875 --> 00:14:21,833 - 'Cause we talked about meeting up, 245 00:14:21,917 --> 00:14:27,042 about me coming up, and, also, between that, 246 00:14:27,208 --> 00:14:30,208 we talked about having intercourse with each other. 247 00:14:30,375 --> 00:14:32,458 ♪ ♪ 248 00:14:32,542 --> 00:14:36,625 - He decides he wants to take this 350-mile trip, 249 00:14:36,792 --> 00:14:39,458 which takes over five hours to get there. 250 00:14:39,625 --> 00:14:41,625 - He wanted to surprise her. 251 00:14:41,625 --> 00:14:43,208 He didn't know about whether or not 252 00:14:43,292 --> 00:14:45,125 she would be happy to see him. 253 00:14:45,292 --> 00:14:46,375 ♪ ♪ 254 00:14:49,875 --> 00:14:51,542 - It was going to be a surprise. 255 00:14:51,708 --> 00:14:53,958 I'd probably text her, but I was nervous 256 00:14:54,042 --> 00:14:57,042 to text her or tell her because I believe 257 00:14:57,125 --> 00:14:58,833 she would have been disappointed 258 00:14:58,875 --> 00:15:01,375 in seeing me or seeing-- 259 00:15:03,208 --> 00:15:04,875 ♪ 260 00:15:04,958 --> 00:15:09,917 - I--I believe she was too good enough for me, 261 00:15:09,917 --> 00:15:12,667 that I wasn't good enough for her. 262 00:15:12,833 --> 00:15:14,667 I know I'm not an attractive person. 263 00:15:14,833 --> 00:15:16,833 I'm not someone really attractive, 264 00:15:17,042 --> 00:15:20,167 but she was giving me attention 265 00:15:20,292 --> 00:15:22,875 like no one else did at the time. 266 00:15:24,583 --> 00:15:26,083 - I was. 267 00:15:26,250 --> 00:15:28,000 - He had been kind of slumped down in the seat, 268 00:15:28,125 --> 00:15:29,250 hiding from her. 269 00:15:29,375 --> 00:15:32,875 The victim came home and noticed him there. 270 00:15:33,042 --> 00:15:35,875 - She texted me that she saw a person in a truck, 271 00:15:36,000 --> 00:15:38,167 in a gray truck. 272 00:15:38,167 --> 00:15:40,583 She asked me if it was me or not. 273 00:15:40,667 --> 00:15:44,000 And I told her that it was me. 274 00:15:44,042 --> 00:15:48,958 She told me that it wasn't okay for me to do that, 275 00:15:49,167 --> 00:15:52,250 and she told me that I had to leave. 276 00:15:52,333 --> 00:15:55,250 - Some time later, when he was still making the trip 277 00:15:55,375 --> 00:15:58,292 back to Pennsylvania, she told him that 278 00:15:58,375 --> 00:16:00,375 she wished that he didn't leave. 279 00:16:00,375 --> 00:16:03,083 He was rejected, but then he's receiving 280 00:16:03,208 --> 00:16:05,500 all these messages afterwards saying that what he did 281 00:16:05,708 --> 00:16:09,000 was exciting and enticing. 282 00:16:09,167 --> 00:16:10,833 - She would tell me that she missed me, 283 00:16:11,000 --> 00:16:14,083 that it was hot for me to do that. 284 00:16:18,375 --> 00:16:19,833 - Yes. 285 00:16:20,042 --> 00:16:21,750 She told me that she missed me, and she wished 286 00:16:21,750 --> 00:16:24,208 that she could have invited me up. 287 00:16:26,917 --> 00:16:28,500 - Yes. 288 00:16:28,583 --> 00:16:31,458 And she decides to still text me around that time 289 00:16:31,583 --> 00:16:34,167 when I got home, asking me how was the drive 290 00:16:34,375 --> 00:16:36,500 back home and everything. 291 00:16:36,583 --> 00:16:39,250 - Mauricio was getting a lot of mixed messages 292 00:16:39,375 --> 00:16:42,500 and appeared to be a bit confused about the boundaries 293 00:16:42,667 --> 00:16:44,208 of that relationship. 294 00:16:44,333 --> 00:16:47,167 And then on December 22, 2021, 295 00:16:47,333 --> 00:16:51,208 Mauricio drives up to New Hampshire again. 296 00:16:51,208 --> 00:16:55,458 I texted her that I was in Dover, 297 00:16:55,667 --> 00:16:57,375 and that I was outside. 298 00:17:00,208 --> 00:17:02,500 - She gives me the code to enter her apartment. 299 00:17:04,625 --> 00:17:08,208 - And so I go up the stairs and knock on her door. 300 00:17:08,208 --> 00:17:10,125 And she opens it. 301 00:17:10,208 --> 00:17:16,750 She just was wearing a gray robe and nothing underneath. 302 00:17:18,708 --> 00:17:23,417 - Well, first, she started to take off her robe slowly. 303 00:17:23,417 --> 00:17:25,250 And then she told me to take my belt. 304 00:17:33,042 --> 00:17:35,000 - She was my girlfriend, I thought she was. 305 00:17:35,083 --> 00:17:39,000 I thought she wanted us to be together. 306 00:17:44,333 --> 00:17:46,250 - She said she liked it. 307 00:17:49,417 --> 00:17:50,833 - Yes. 308 00:17:50,917 --> 00:17:53,583 - He really did view it as a place where he had a future. 309 00:17:53,708 --> 00:17:56,458 - It just felt real to me that she wanted us to be together, 310 00:17:56,542 --> 00:18:02,042 and that she was okay with me doing these things. 311 00:18:05,792 --> 00:18:10,250 - I had given her flowers when I met her in December 22nd. 312 00:18:10,250 --> 00:18:12,167 I had also, before that, on December 7th, 313 00:18:12,250 --> 00:18:15,250 I had given her money to fix her car 314 00:18:15,375 --> 00:18:17,667 because the windshield was broken. 315 00:18:17,708 --> 00:18:20,792 I remember bringing a couple toys for her child. 316 00:18:20,958 --> 00:18:22,458 It was a truck and two action figures. 317 00:18:25,042 --> 00:18:26,750 - I--I believe so. 318 00:18:29,375 --> 00:18:32,167 - I had never been in one before. 319 00:18:32,417 --> 00:18:35,417 - He starts having these intimate conversations, 320 00:18:35,542 --> 00:18:38,333 and knowing so much information about this victim, 321 00:18:38,417 --> 00:18:41,833 this woman's life, having contact with her son, 322 00:18:41,917 --> 00:18:44,458 having her say that she loves him. 323 00:18:44,542 --> 00:18:47,583 So in his mind, yes, it was reasonable for him 324 00:18:47,583 --> 00:18:49,542 to believe that there was some type 325 00:18:49,542 --> 00:18:51,542 of relationship with this victim 326 00:18:51,708 --> 00:18:53,542 and that it was genuine. 327 00:18:53,542 --> 00:18:56,875 - After the sexual encounter in New Hampshire, 328 00:18:56,875 --> 00:18:59,000 the victim rejected Mauricio 329 00:18:59,167 --> 00:19:01,708 but then wanted him back in her life. 330 00:19:01,875 --> 00:19:04,708 Mauricio rejected the victim but then wanted her back. 331 00:19:04,875 --> 00:19:09,000 They blocked each other on various social media apps 332 00:19:09,125 --> 00:19:10,667 from time to time. 333 00:19:10,750 --> 00:19:13,833 But the victim, ultimately, kept trying 334 00:19:13,917 --> 00:19:16,500 to draw Mauricio back in. 335 00:19:22,458 --> 00:19:25,542 - Yes--she would always block me first. 336 00:19:25,667 --> 00:19:28,167 She would say, at first, "I'm blocking you" 337 00:19:28,292 --> 00:19:29,542 and "stop talking to me." 338 00:19:29,625 --> 00:19:32,458 Till the next--next time we were talking to, 339 00:19:32,542 --> 00:19:35,250 "why aren't you answering? Please text me back." 340 00:19:36,917 --> 00:19:38,333 - Yeah. 341 00:19:38,542 --> 00:19:40,292 I still believe that we were going back into a relationship, 342 00:19:40,458 --> 00:19:42,417 that we were still something. 343 00:19:45,500 --> 00:19:46,542 - Yes. 344 00:19:49,917 --> 00:19:51,125 - Yes. 345 00:19:51,250 --> 00:19:53,000 During those times, she would ask me 346 00:19:53,083 --> 00:19:56,750 to come up again multiple times. 347 00:19:56,875 --> 00:20:00,625 - After having this tumultuous period of time with Mauricio, 348 00:20:00,708 --> 00:20:02,500 the victim had some changes in her life. 349 00:20:02,583 --> 00:20:05,542 She moved from an apartment in Dover 350 00:20:05,542 --> 00:20:09,167 to her mother's house in Somersworth, New Hampshire. 351 00:20:09,375 --> 00:20:12,167 Even though the victim had sent mixed messages to Mauricio 352 00:20:12,333 --> 00:20:14,458 before about visiting her apartment, 353 00:20:14,625 --> 00:20:18,167 she was more clear about her mother's house in Somersworth. 354 00:20:18,375 --> 00:20:21,333 - She was always very adamant 355 00:20:21,417 --> 00:20:23,375 that he cannot come to her mother's house. 356 00:20:23,542 --> 00:20:25,500 That was something that she was pretty clear about. 357 00:20:25,667 --> 00:20:28,125 - Despite being warned, that's exactly 358 00:20:28,292 --> 00:20:30,833 what Mauricio did on February 7, 2022. 359 00:20:31,000 --> 00:20:32,208 ♪ ♪ 360 00:20:36,542 --> 00:20:40,333 - Stalking is when someone doesn't know when you're there. 361 00:20:40,417 --> 00:20:42,750 You're just observing them. 362 00:20:42,750 --> 00:20:45,625 And I believe that's what she would have want me to do, 363 00:20:45,708 --> 00:20:47,333 not to tell her. 364 00:20:47,500 --> 00:20:50,958 I just had to walk in through the back door of the house. 365 00:20:51,208 --> 00:20:54,333 - On February 7, 2022, Mauricio Guerrero 366 00:20:54,500 --> 00:20:57,125 made yet another unannounced trip 367 00:20:57,250 --> 00:20:58,875 to see the alleged victim. 368 00:20:59,000 --> 00:21:02,250 Only this time, he drove to her mother's house 369 00:21:02,333 --> 00:21:05,375 where she had explicitly told him not to come. 370 00:21:05,500 --> 00:21:07,667 For the next two days, he would spend time 371 00:21:07,750 --> 00:21:10,458 in the house's attic without her knowledge. 372 00:21:10,458 --> 00:21:14,000 But will the lines between reality and fantasy 373 00:21:14,167 --> 00:21:16,917 make it difficult for the jury to determine which side 374 00:21:17,083 --> 00:21:18,792 of the law Guerrero is on? 375 00:21:18,792 --> 00:21:23,667 And will his testimony ultimately help or hurt him? 376 00:21:23,750 --> 00:21:26,833 - The issue with her having sex with him is, 377 00:21:26,875 --> 00:21:29,500 number one, with the OnlyFan subscription, 378 00:21:29,542 --> 00:21:32,750 you're not supposed to have any outside contact. 379 00:21:32,875 --> 00:21:34,667 And they met in person, 380 00:21:34,750 --> 00:21:36,542 which is one of the biggest violations. 381 00:21:36,708 --> 00:21:40,292 But also, two, it complicates the case legally 382 00:21:40,375 --> 00:21:43,875 because it gives rise to the issue of consent. 383 00:21:43,875 --> 00:21:47,000 Could you have consented or led him to believe 384 00:21:47,042 --> 00:21:51,792 that he had permission to be inside of your house? 385 00:21:54,250 --> 00:21:55,542 - Yes. 386 00:21:59,208 --> 00:22:00,375 - Yes. 387 00:22:01,750 --> 00:22:03,875 - Because I believe it's something 388 00:22:04,000 --> 00:22:06,458 she would have wanted me to do 389 00:22:06,542 --> 00:22:08,292 'cause we would talk about it. 390 00:22:12,250 --> 00:22:13,875 - I didn't spend the night in the attic. 391 00:22:13,875 --> 00:22:16,792 I was still in my Airbnb, 392 00:22:16,875 --> 00:22:21,375 and she was texting me. 393 00:22:21,542 --> 00:22:25,917 She had told me she would be happy if I was up there, 394 00:22:26,000 --> 00:22:28,333 that she would be really happy if I was there. 395 00:22:28,542 --> 00:22:31,833 And I told her I was. 396 00:22:31,958 --> 00:22:36,208 She told me to park almost right in front of her house, 397 00:22:36,208 --> 00:22:37,625 and she came to my truck. 398 00:22:37,792 --> 00:22:41,667 And she just came out again in a robe. 399 00:22:43,333 --> 00:22:45,042 - Um, yes, she did. 400 00:22:45,125 --> 00:22:46,583 She seemed really happy. 401 00:22:48,083 --> 00:22:50,542 - She--she did more than that. 402 00:22:50,625 --> 00:22:51,958 She started to give me oral. 403 00:22:55,375 --> 00:22:58,333 - Um, a couple of minutes, sir. 404 00:22:58,500 --> 00:23:02,292 And then she stopped, and I was fine with that. 405 00:23:02,458 --> 00:23:05,500 And we talked for a bit. 406 00:23:05,583 --> 00:23:08,250 We talked about I should get home, 407 00:23:08,375 --> 00:23:09,958 that I couldn't be there. 408 00:23:10,042 --> 00:23:14,625 But I didn't know to take it as to leave or still stay 409 00:23:14,625 --> 00:23:18,542 'cause I was still in thought of hers 410 00:23:18,667 --> 00:23:21,250 telling me to come back again later on, 411 00:23:21,417 --> 00:23:22,750 or saying how she would miss me, 412 00:23:22,833 --> 00:23:24,667 or she would get angry at me for leaving. 413 00:23:24,708 --> 00:23:26,750 So I didn't know what to do. 414 00:23:28,208 --> 00:23:30,833 - It would have been because it was always an hour 415 00:23:31,000 --> 00:23:32,500 after I left, she would have texted me back 416 00:23:32,542 --> 00:23:36,000 to come back to see her. 417 00:23:36,208 --> 00:23:38,958 - Mauricio's inexperienced socially awkward perspective 418 00:23:39,042 --> 00:23:42,000 could see this as, she wanted this fantasy, 419 00:23:42,125 --> 00:23:44,583 and he could have been the hero by fulfilling 420 00:23:44,708 --> 00:23:46,167 the fantasy for her. 421 00:23:51,917 --> 00:23:54,375 - I decided to go back into her house. 422 00:23:56,333 --> 00:23:59,500 - I had also been using the back door again. 423 00:24:01,375 --> 00:24:03,000 - My intentions? 424 00:24:03,042 --> 00:24:05,667 To make her happy again that I made it in or something. 425 00:24:05,833 --> 00:24:09,333 'Cause it's something, like a fantasy, 426 00:24:09,500 --> 00:24:11,667 that she would want me to do sometimes. 427 00:24:15,125 --> 00:24:16,542 - She was. 428 00:24:38,375 --> 00:24:39,917 - Yes. 429 00:24:42,667 --> 00:24:47,583 - I went to leave, and then I heard someone call out, help. 430 00:24:47,667 --> 00:24:49,542 She did, like, a loud gasp. 431 00:24:49,542 --> 00:24:54,500 I was scared, and so I went up to the attic. 432 00:24:54,625 --> 00:24:57,417 And I didn't know what to do. 433 00:24:57,500 --> 00:24:59,042 I wanted to leave. 434 00:24:59,208 --> 00:25:02,792 I heard someone say "cops," 435 00:25:02,875 --> 00:25:05,125 and so I wanted to leave as soon as possible. 436 00:25:07,708 --> 00:25:10,250 - No. 437 00:25:10,250 --> 00:25:11,833 I'm ashamed. 438 00:25:11,958 --> 00:25:14,167 - I think that he did help himself during his testimony. 439 00:25:14,250 --> 00:25:16,000 I think that the jury could look at somebody like this 440 00:25:16,083 --> 00:25:20,875 and think he really had no clue what he was getting into. 441 00:25:30,917 --> 00:25:33,375 - With a "he said/she said" story, 442 00:25:33,458 --> 00:25:35,583 the defense lays out a pattern of behavior 443 00:25:35,708 --> 00:25:37,667 by the alleged victim 444 00:25:37,708 --> 00:25:39,458 that could have led Mauricio Guerrero 445 00:25:39,458 --> 00:25:41,875 into believing he was only fulfilling 446 00:25:42,042 --> 00:25:44,292 her role-play fantasies. 447 00:25:44,375 --> 00:25:48,167 But the prosecutor presents a very different picture. 448 00:26:04,042 --> 00:26:05,542 - Mauricio Guerrero, who's 22 years old, 449 00:26:05,625 --> 00:26:08,000 is facing up to 15 years in prison 450 00:26:08,125 --> 00:26:11,667 for felony burglary and invasion of privacy. 451 00:26:11,792 --> 00:26:13,542 Guerrero claims the alleged victim 452 00:26:13,667 --> 00:26:16,708 wanted a role-play stalker and invited Guerrero 453 00:26:16,875 --> 00:26:18,667 to break into her house. 454 00:26:18,667 --> 00:26:22,083 But was his testimony enough? 455 00:27:31,208 --> 00:27:34,250 I... 456 00:27:34,417 --> 00:27:35,625 went... 457 00:28:02,042 --> 00:28:04,042 - She went out to his truck to do that. 458 00:28:04,167 --> 00:28:07,750 You know, she didn't invite him into her warm home in February 459 00:28:07,833 --> 00:28:10,917 to engage in consensual sexual activity, 460 00:28:11,000 --> 00:28:12,500 which, we were trying to point out, 461 00:28:12,542 --> 00:28:15,333 shows that if she had wanted him to come in her house, 462 00:28:15,542 --> 00:28:16,625 like, that would have been the--the time 463 00:28:16,750 --> 00:28:18,333 to invite him in. 464 00:28:56,792 --> 00:28:58,708 - I was a prosecutor for 16 years, 465 00:28:58,708 --> 00:29:02,833 and they are no angels 99% of the time, 466 00:29:02,958 --> 00:29:05,208 when you're doing these cases. 467 00:29:05,208 --> 00:29:08,833 The prosecutor, in order to get a successful result 468 00:29:08,917 --> 00:29:13,000 in this case, had to embrace the good facts 469 00:29:13,083 --> 00:29:16,833 and embrace the bad facts as well. 470 00:29:16,917 --> 00:29:18,958 - So our strategy was, get that out there, 471 00:29:19,042 --> 00:29:21,083 to have her explain it in her own words, 472 00:29:21,208 --> 00:29:24,375 and letting the jury know, hey, she did encourage him 473 00:29:24,542 --> 00:29:26,042 to a certain extent, 474 00:29:26,208 --> 00:29:30,292 but ultimately, it doesn't make what he did to be okay. 475 00:29:30,375 --> 00:29:32,875 ♪ 476 00:29:38,708 --> 00:29:39,875 - Yes. 477 00:29:46,208 --> 00:29:47,125 - Not really. 478 00:29:53,750 --> 00:29:55,958 - Yes. 479 00:29:55,958 --> 00:29:57,333 - The reason that we charged for burglary is, 480 00:29:57,375 --> 00:30:01,458 we felt that it was the cleanest charges to bring 481 00:30:01,583 --> 00:30:03,042 because he did enter her house, 482 00:30:03,167 --> 00:30:05,208 so we had good evidence of that. 483 00:30:05,375 --> 00:30:07,000 He did commit crimes while he was in her house. 484 00:30:07,125 --> 00:30:09,167 We had good evidence of that. 485 00:30:15,583 --> 00:30:16,458 - Right. 486 00:30:21,333 --> 00:30:22,167 - Yes. 487 00:30:29,875 --> 00:30:31,042 - Right. 488 00:31:03,500 --> 00:31:04,708 - Yes. 489 00:31:04,708 --> 00:31:07,333 I just wasn't thinking straight. 490 00:31:07,500 --> 00:31:08,833 - Part of having to prove this case 491 00:31:08,917 --> 00:31:10,292 is having to prove 492 00:31:10,375 --> 00:31:12,542 what he intended to do when he was in the home, 493 00:31:12,708 --> 00:31:17,167 and so there was definitely a concern both with the list 494 00:31:17,250 --> 00:31:21,000 and having found the actual Tile, the tracking device. 495 00:31:21,083 --> 00:31:22,833 He went so far as to buy it. 496 00:31:23,042 --> 00:31:26,000 And we argued that the fact that he had a tracking device 497 00:31:26,125 --> 00:31:29,375 showed some intent to commit a crime. 498 00:31:35,917 --> 00:31:37,000 - Right. 499 00:31:47,708 --> 00:31:49,000 - Yes. 500 00:32:03,042 --> 00:32:04,667 - That she would be okay with it. 501 00:32:07,250 --> 00:32:08,333 - Yes. 502 00:32:08,500 --> 00:32:11,625 I don't know what else to say about that. 503 00:32:11,750 --> 00:32:13,125 - The video is very brief, 504 00:32:13,208 --> 00:32:16,500 and it just basically shows female genitalia, 505 00:32:16,708 --> 00:32:18,417 like, between the legs. 506 00:32:18,542 --> 00:32:21,792 You can only see the upper parts of the thigh 507 00:32:21,875 --> 00:32:23,542 and kind of zooms in. 508 00:32:23,542 --> 00:32:26,958 So we charged, based on that evidence, 509 00:32:27,042 --> 00:32:28,250 violation of privacy. 510 00:32:28,458 --> 00:32:29,292 ♪ ♪ 511 00:32:42,417 --> 00:32:47,000 - There is not, but she told me multiple times. 512 00:32:47,125 --> 00:32:49,667 - Mauricio Guerrero's facing felony burglary 513 00:32:49,875 --> 00:32:52,167 and invasion of privacy charges 514 00:32:52,292 --> 00:32:55,625 that carry a possible 15-year sentence. 515 00:32:55,708 --> 00:32:58,792 Despite Guerrero's claim that he was manipulated 516 00:32:58,917 --> 00:33:01,875 by an OnlyFans creator into carrying out acts 517 00:33:01,958 --> 00:33:05,083 he thought she would want, the prosecution has laid out 518 00:33:05,167 --> 00:33:07,083 some damning evidence against him. 519 00:33:07,167 --> 00:33:09,375 A to-do list, including tracking 520 00:33:09,375 --> 00:33:11,333 and listening in on the victim, 521 00:33:11,458 --> 00:33:14,000 and a video recording of her genitals. 522 00:33:14,167 --> 00:33:17,500 But will the jury be convinced beyond a reasonable doubt 523 00:33:17,583 --> 00:33:20,500 that he acted with criminal intent? 524 00:33:26,375 --> 00:33:27,292 - Yes. 525 00:33:32,667 --> 00:33:33,583 - Yes. 526 00:33:39,875 --> 00:33:42,333 ♪ 527 00:33:42,375 --> 00:33:44,167 - We weren't. 528 00:33:44,208 --> 00:33:47,292 - It wasn't what he painted it as-- 529 00:33:47,542 --> 00:33:49,542 somebody that's in a relationship with somebody 530 00:33:49,667 --> 00:33:50,750 who is trying to please them 531 00:33:50,875 --> 00:33:53,167 by abiding by the-- the stalking game, 532 00:33:53,375 --> 00:33:55,917 or something that she wanted from him. 533 00:33:56,000 --> 00:33:58,625 But instead, this is an escalation. 534 00:33:58,750 --> 00:34:01,250 He's upset because he's not speaking to her right now, 535 00:34:01,375 --> 00:34:03,042 and it's just a way to be close to her 536 00:34:03,208 --> 00:34:04,375 and to be near her. 537 00:34:10,542 --> 00:34:13,542 - No, I did believe she wanted me there. 538 00:34:13,667 --> 00:34:18,333 But I just don't know what she wanted from me. 539 00:34:18,542 --> 00:34:20,167 - A woman can play with a boy's heart. 540 00:34:20,250 --> 00:34:21,833 She can lead him on, but that doesn't make it okay 541 00:34:21,917 --> 00:34:25,500 for him to break into her house without her permission, 542 00:34:25,625 --> 00:34:27,250 or her mom's permission, for that matter. 543 00:34:27,333 --> 00:34:30,958 I think people often forget the mom, whose house it was. 544 00:34:31,042 --> 00:34:32,875 She's certainly a victim in this too. 545 00:34:32,875 --> 00:34:37,625 And it doesn't make it okay for him to do what he did. 546 00:35:11,000 --> 00:35:13,500 - Having the victim's mother testify 547 00:35:13,583 --> 00:35:16,708 at this trial was a game-changer 548 00:35:16,792 --> 00:35:18,292 for the prosecutor. 549 00:35:18,375 --> 00:35:20,917 Because it gave this case 550 00:35:21,000 --> 00:35:25,542 a clean and unknowing victim. 551 00:35:25,625 --> 00:35:30,250 So she was victimized in the sense of that her privacy 552 00:35:30,375 --> 00:35:33,625 and that security that you feel in your home 553 00:35:33,708 --> 00:35:37,500 was violated, and will be forever violated 554 00:35:37,667 --> 00:35:39,375 as a result of a man 555 00:35:39,458 --> 00:35:42,000 that she never met and never spoke to 556 00:35:42,208 --> 00:35:44,000 breaking into the home. 557 00:35:44,083 --> 00:35:45,750 ♪ ♪ 558 00:36:13,708 --> 00:36:16,125 - She's not a perfect victim, certainly. 559 00:36:16,208 --> 00:36:18,208 And I'm not here to make excuses for the things 560 00:36:18,375 --> 00:36:20,292 that she did or try to get you to like her, 561 00:36:20,375 --> 00:36:23,292 because the thing is, you do not have to like her. 562 00:36:23,292 --> 00:36:26,792 The law protects everyone, even the people we don't like. 563 00:36:42,458 --> 00:36:44,417 - I think Mauricio was really just 564 00:36:44,542 --> 00:36:46,583 trying to be a good partner. 565 00:36:46,750 --> 00:36:48,542 His first experience, unfortunately, 566 00:36:48,708 --> 00:36:51,958 was with someone who was intent on manipulating him. 567 00:36:52,083 --> 00:36:54,792 - You don't have to like her, you don't have to love her, 568 00:36:54,958 --> 00:36:56,458 you don't have to respect her. 569 00:36:56,458 --> 00:37:00,542 The question is, did Mauricio violate the law? 570 00:37:00,708 --> 00:37:02,208 Did he commit burglary? 571 00:37:02,375 --> 00:37:04,250 Did he commit criminal trespass? 572 00:37:10,458 --> 00:37:13,125 - She said, I want someone to stalk me. 573 00:37:13,250 --> 00:37:15,833 - For five days, the jury has heard testimony 574 00:37:16,000 --> 00:37:17,792 from over a dozen witnesses, 575 00:37:17,792 --> 00:37:21,625 including the defendant himself, Mauricio Guerrero, 576 00:37:21,708 --> 00:37:23,500 who's accused of felony burglary 577 00:37:23,500 --> 00:37:25,500 and invasion of privacy. 578 00:37:25,583 --> 00:37:27,417 Has Guerrero been able to convince the jury 579 00:37:27,583 --> 00:37:30,542 that he didn't think he was doing anything wrong? 580 00:37:30,542 --> 00:37:33,125 If he hasn't, he might have to register 581 00:37:33,125 --> 00:37:36,333 as a sex offender for his adult life. 582 00:37:36,375 --> 00:37:39,042 - She wants to have him obsessed with her. 583 00:37:39,167 --> 00:37:41,125 She wants him to follow her. 584 00:37:41,292 --> 00:37:43,500 She says these things. She admitted it. 585 00:37:43,667 --> 00:37:46,250 - Or will the jury side with the prosecution, 586 00:37:46,375 --> 00:37:49,875 that Mauricio Guerrero took things way too far 587 00:37:50,000 --> 00:37:51,750 and committed a crime? 588 00:37:56,208 --> 00:37:59,250 ♪ 589 00:38:43,292 --> 00:38:45,500 - The jury returns a split verdict, 590 00:38:45,583 --> 00:38:48,958 but what is still clearly a victory for prosecutors, 591 00:38:49,208 --> 00:38:53,083 finding Guerrero guilty on two of the four burglary counts, 592 00:38:53,208 --> 00:38:55,000 two counts of criminal trespass, 593 00:38:55,250 --> 00:38:57,667 and one count of invasion of privacy. 594 00:38:57,833 --> 00:39:00,125 - The verdict shows that you can be 595 00:39:00,250 --> 00:39:02,542 an OnlyFans content creator, 596 00:39:02,542 --> 00:39:06,333 but also that it wasn't okay, what he did. 597 00:39:06,417 --> 00:39:09,458 - I think, specifically, the felony was-- 598 00:39:09,458 --> 00:39:11,292 was devastating to Mauricio, 599 00:39:11,458 --> 00:39:14,167 a young man with no criminal record, 600 00:39:14,292 --> 00:39:17,000 someone who does not really seem violent, 601 00:39:17,083 --> 00:39:18,750 doesn't seem dangerous. 602 00:39:18,875 --> 00:39:23,167 - That verdict is one that is a compromise verdict. 603 00:39:23,250 --> 00:39:25,292 It still doesn't change the exposure 604 00:39:25,542 --> 00:39:28,333 that Mauricio has because being found guilty 605 00:39:28,458 --> 00:39:30,625 of one of the burglaries, 606 00:39:30,625 --> 00:39:34,750 he was still exposed to a maximum sentence of 15 years. 607 00:39:34,875 --> 00:39:39,250 - On July 19, 2023, Mauricio Guerrero 608 00:39:39,333 --> 00:39:42,625 returns to the courtroom to receive his sentence. 609 00:39:42,750 --> 00:39:46,000 But first, he makes a statement to the court. 610 00:40:10,750 --> 00:40:13,208 - And when you're talking about a sentence, remember, 611 00:40:13,417 --> 00:40:15,375 for the judge, he has to consider 612 00:40:15,458 --> 00:40:17,667 deterrence, accountability. 613 00:40:17,792 --> 00:40:19,708 Does the defendant show remorse, 614 00:40:19,708 --> 00:40:21,542 acknowledging what he did was wrong, 615 00:40:21,542 --> 00:40:24,125 and that he wouldn't do it again? 616 00:40:24,208 --> 00:40:26,833 - So I have decided upon what I believe to be 617 00:40:27,000 --> 00:40:29,292 an appropriate sentence in this case. 618 00:40:29,375 --> 00:40:32,250 This case does obviously involve 619 00:40:32,333 --> 00:40:35,667 extremely unique circumstances. 620 00:40:35,750 --> 00:40:37,625 You are sentenced to the House of Correction 621 00:40:37,708 --> 00:40:40,833 for a period of 12 months. 622 00:40:40,917 --> 00:40:42,792 With respect to the State's request 623 00:40:42,875 --> 00:40:45,583 that I qualify Mr. Guerrero as qualifying 624 00:40:45,583 --> 00:40:49,875 for the sex-offender registration, 625 00:40:50,000 --> 00:40:52,750 I do not find, by clear and convincing evidence, 626 00:40:52,875 --> 00:40:56,667 that the offenses here were driven by a sexual compulsion, 627 00:40:56,833 --> 00:40:58,542 and therefore, he will not be required 628 00:40:58,667 --> 00:41:01,333 to register as a sex offender. 629 00:41:01,458 --> 00:41:02,833 - We were disappointed 630 00:41:02,875 --> 00:41:04,625 about the amount of time that he got. 631 00:41:04,708 --> 00:41:06,083 Certainly we had asked for more. 632 00:41:06,208 --> 00:41:10,083 I think I was more so disappointed with the decision 633 00:41:10,250 --> 00:41:12,667 not to have him register as a sex offender. 634 00:41:12,917 --> 00:41:16,000 - While many may say that it's lenient, 635 00:41:16,042 --> 00:41:19,375 it's still one year where he will be in jail 636 00:41:19,500 --> 00:41:23,833 for a person that has no criminal record. 637 00:41:23,875 --> 00:41:25,583 - There's a different human component 638 00:41:25,750 --> 00:41:26,833 that sits on top of this case 639 00:41:27,000 --> 00:41:29,208 which is phenomenally more complex, 640 00:41:29,333 --> 00:41:31,042 that was overlooked. 641 00:41:31,167 --> 00:41:32,500 And it was the wrong verdict. 642 00:41:32,542 --> 00:41:34,792 I think this was, perhaps to lawmakers, 643 00:41:34,875 --> 00:41:37,625 an opportunity to add more policy 644 00:41:37,708 --> 00:41:39,500 about setting boundaries 645 00:41:39,625 --> 00:41:41,917 in certain business relationships, 646 00:41:42,167 --> 00:41:45,833 holding creators responsible when they invite people 647 00:41:45,917 --> 00:41:48,625 to commit what would later be called crimes. 648 00:41:48,750 --> 00:41:50,500 It's just the Wild West right now, 649 00:41:50,583 --> 00:41:53,167 and you have people being exploited left and right. 650 00:41:53,208 --> 00:41:55,875 - People need to be very careful of the people 651 00:41:56,042 --> 00:41:57,667 that they meet online. 652 00:41:57,750 --> 00:41:59,042 I think people just need to have 653 00:41:59,042 --> 00:42:02,333 that heightened awareness that people are 654 00:42:02,458 --> 00:42:03,708 really capable of anything. 655 00:42:03,792 --> 00:42:10,750 ♪ 656 00:42:12,583 --> 00:42:14,708 - Defendants are never forced to take the stand, 657 00:42:14,833 --> 00:42:16,917 but that decision is likely 658 00:42:16,917 --> 00:42:19,375 the biggest one they'll ever make. 659 00:42:19,458 --> 00:42:22,167 For "Taking the Stand," I'm Dan Abrams.