Defendant's brother may have downloaded child porn, attorney tells jury

Guevara Vilca, a 26-year-old Peruvian charged with 454 counts of possessing child pornography, center, listens to his translator via headphones while his defense attorney Lee Hollander watches potential jurors take their seats at the Collier County Courthouse on Oct. 3, 2011. Greg Kahn/Staff

Photo by GREG KAHN

Guevara Vilca, a 26-year-old Peruvian charged with 454 counts of possessing child pornography, center, listens to his translator via headphones while his defense attorney Lee Hollander watches potential jurors take their seats at the Collier County Courthouse on Oct. 3, 2011. Greg Kahn/Staff

Video from NBC-2

The lawyer for an East Naples man charged with 454 child pornography possession counts told a jury Tuesday that his client's brother might have downloaded the porn.

During opening arguments, Daniel Enrique Guevara Vilca's lawyer, Lee Hollander, told nine jurors the router in the family's apartment wasn't protected by a password, making it openly accessible.

Hollander told jurors prosecutors wouldn't be able to prove Guevara Vilca downloaded the porn and that his brother, Carlos, didn't.

The first witness called, Collier County sheriff's Detective Scott Rapisarda, described tracking an Internet protocol address to Guevara Vilca's home.

A computer containing child porn was seized from a back bedroom that belonged to Guevara Vilca, prosecutors said. Hollander said the brothers shared the back bedroom.

During Rapisarda's testimony, prosecutors played a sworn interview conducted during the raid.

In the interview, Guevara Vilca said he had downloaded porn on a seized computer, but added that "I never look specifically for a child." Guevara Vilca said during the interview that only he used the seized computer and that it was password-protected.

Guevara Vilca also said he had used the peer-to-peer network Limewire to search for porn. He told detectives he had used the search terms "boys" and "girls" but never searched for ages.

Witness testimony is expected to continue Tuesday afternoon. If convicted on all 454 counts, Guevara Vilca could face life in prison.

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