Landlord to stand trial on child porn charges

By Matt Pordum (contact)

Thursday, Sept. 2, 2004 | 9:30 a.m.

A landlord accused of rigging his tenants' shower with one-way mirrored tiles and videotaping an 8-year-old girl as she bathed will stand trial on child pornography charges, Las Vegas Justice of the Peace Douglas Smith ruled Wednesday.

Gerard Luna, 48, is scheduled for arraignment before District Judge Valorie Vega on Sept. 16 on one count each of using a minor in producing pornography and attempting to use a minor in producing pornography.

Smith said while he wasn't "certain I would want to try the case (as an attorney)" the "slight and marginal" evidence required in preliminary hearings was sufficient to call for a trial.

Luna allegedly admitted to police that he drilled holes in the wall separating the bathroom wall from his portion of the house and videotaped not just the girl but also her parents and a visitor to their home. Luna, however, told detectives he did so because he felt they were wasting a lot of water and he wanted to monitor their water usage.

Metro Detective Devan Mohr testified he found Luna's monitoring of water usage explanation to be a "ridiculous assertion." Mohr said no film of the girl or her family was recovered -- Luna told him he had recorded over the videotape he used to film her.

Luna's attorney, Jason Weiner, argued the tape was recorded over because he client didn't mean to film the girl and wasn't interested in such material. After this claim Smith interrupted from the bench and said "maybe he (Luna) taped over it because he got caught.

Wiener said as soon as Luna realized he was filming the girl he stopped.

Deputy District Attorney James Sweetin said Luna only stopped after the girl noticed the red light from Luna's video camera shining through the hole in the wall. The girl then told her mother, who called police. Luna gave officers permission to search his home and he showed them the holes he had created about six months earlier.

The family no longer lives in the apartment they rented from Luna.

Wiener argued the charges were a "perversion of statute" and District Attorney David Roger was simply upset because voyeurism is not a crime in Nevada.

Nevada doesn't have a voyeurism law, but Roger has said he would like to see the state institute a law against voyeurism.

Sweetin disregarded Wiener's allegation, saying Luna's actions simply broke existing law. NRS 200.710 says a person who has used a minor in producing pornography or as subject of sexual portrayal in performance is "a person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance."

Sweetin said Luna "drilled the holes in the wall so he could look through the holes" and admits to seeing and recording the girl, which in his mind shows Luna had the "intent and desire" to commit the crime.

If convicted, Luna could be sentenced to 10 years to life in prison.

Wiener said detectives never found any child pornography at Luna's home, instead finding pornography of a voyeuristic nature.

Mohr agreed, saying out of the 140 VHS tapes, 500 or so slides and 30 or so 8mm and mini-video tapes and a search of Luna's computer, no child pornography was discovered.

Mohr said the combination of the "hidden holes" and the voyeuristic theme of the porn, both professional and amateur, found at Luna's property, he believed it was "reasonable to determine he (Luna) would receive some sexual pleasure from viewing an 8-year-old in the state of undressing."