Judge to hear motion to suppress evidence in Diana Alvarez murder case

Writer: Matthew Seaver
Published: Updated:
Diana Alvarez
Diana Alvarez (Shared with WINK News)

A judge is set to hear a motion Tuesday on suppressing cell phone evidence gathered against Jorge Guerrero-Torres for the kidnapping of 9-year-old Diana Alvarez.

Guerrero-Torres’ attorney filed a motion to suppress cell phone evidence gathered by investigators. The filings say the cell phone was seized without a warrant, making its search unlawful.

Jorge Guerrero-Torres
Jorge Guerrero-Torres

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 had been living with Diana’s family before she vanished from her home in San Carlos Park on May 29, 2016.

Authorities suspected that she was with 28-year-old Jorge Guerrero, who was apprehended on Saturday, June 4, 2022.

Here’s what happened in the hours after Alvarez’s disappearance:

SUNDAY, MAY 29, 2016

2 A.M.: Diana was last seen on 3500 block of Unique Circle when her pregnant mother, Rita Hernandez, checked the rooms of their home in the Sheltering Pines Mobile Home Village.

3 A.M.: Guerrero may have been with Diana at this time. “Based on statements Mr. Guerrero made to law enforcement, there are admissions that place him with Diana at some period in the morning, approximately at 3 o’clock in Lee County,” Alvarez family’s lawyer Tom Busatta said in June.

3 A.M. – 7 A.M.: The whereabouts of Diana at this time are unknown, but when Hernandez woke up, she noticed all four of the burners on her stove were turned on and that Diana’s purple-striped shoes were missing.

10:40 A.M.: The Lee County Sheriff’s Office sent out its first in a slew of many public emails about Diana Alvarez. It was titled “Lee County Sheriff’s Office Press Release: Missing Juvenile Diana Alvares” and featured a school photo of Diana.

1 P.M.: Authorities discussed Jorge Guerrero as a suspect. They had his date of birth, a description of his car and his possible location, according to deputy emails.
6:44 P.M.: The sheriff’s office sends a photo of Guerrero to the Florida Department of Law Enforcement.

MONDAY, MAY 30, 2016

12:05 A.M.: FDLE sends a missing child alert for Diana after receiving the request from LCSO. It does not mention Guerrero.“FDLE received a request from Lee County Sheriff’s Office for a Missing Child Alert. A Missing Child Alert was issued,” said Gretl Plessinger, spokesperson for FDLE.


11:43 A.M.: LCSO requests that FDLE issue an AMBER Alert for Diana. The agency in charge of any missing child case must request the alert from FDLE. The requirements for an AMBER Alert include:

  • A request from the local law enforcement agency
  • Child under 18
  • Clear indication of abduction
  • Detailed description of child, abductor or vehicle

12:30 P.M.: FDLE issues an AMBER Alert for Diana. This time it includes a photo of Guerrero and lists his connections to Orange and Okeechobee counties.

Her remains were not found until 2020 near Yeehaw Junction in Central Florida after investigators found pictures of Diana on Guerrero-Torres’ cell phone.

They found that the phone had traveled from Orlando to the Fort Myers area just one day before Diana was reported missing, then to Yeehaw Junction.

Guerrero-Torres was ultimately arrested and charged with her kidnapping. He was later convicted in federal court for child pornography relating to those photos and sentenced to 40 years in federal prison.

Read more about the Diana Alvarez case:

Person of interest in Diana Alvarez case brought to Lee County

Person of interest in Diana Alvarez case faces child pornography charge

Details emerge about relationship between missing 9-year-old, person of interest

Attorney: State twice rejected Lee County appeals for AMBER Alert in Alvarez case

Man suspected in 9-year-old’s disappearance indicted for child porn

Jorge Guerrero pleads not guilty to child porn charges

LCSO searches for new witness in Diana Alvarez’s disappearance

LCSO seeks new leads in Diana Alvarez case amid drug bust

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