Josue Rivera, 40, better known to the comics industry and readers as the artist Justiniano, has failed in his effort to have evidence in the child-pornography prosecution against him tossed out.
The Connecticut resident was arrested May 10, 2011, and charged with illegal possession of child pornography in the second degree. The charge arose as a result of a discovery on a thumb drive the artist allegedly provided to the staff of a funeral home that was handling his father’s funeral arrangements.
A search of court documents revealed Rivera’s defence filed a motion with a court to suppress the thumb drive evidence, arguing it was obtained by police by way of an illegal, warrantless search. Hearings on the motion were held Feb. 23 and March 8, and Superior Court of Connecticut Judge Robert Devlin denied the motion in a decision issued March 19. Devlin’s written decision sets out the facts of the case, revealing how the images of child pornography were discovered.