8th Circuit overturns CR man's conviction for possession of child porn

CEDAR RAPIDS -The 8th Circuit Court of Appeals overturned the federal conviction of a Cedar Rapids man for possession of child pornography this week based on an error by his attorney.

Jimmie Coutentos, 78, was convicted by a jury in 2010 in U.S. District Court for one count of sexual exploitation of minors and one count of possessing child pornography. He was sentenced to 10 years in prison.

Coutentos in his appeal claimed he was denied effective assistance of counsel because his attorney failed to timely raise a statute-of-limitations defense. He was accused of videotaping two girls around the ages of 5 and 6 in 2001, while they were naked in a bedroom, but the victims didn't report the crime until 2009, according to court records.

The evidence presented at trial was unclear when in the summer of 2001 the incident occurred, according to the ruling. There is a "reasonable probability" the incident occurred prior to July 27, 2001, which is beyond the limitations period and before another law, extending the limitations period, was enacted.

Countentos also claimed prosecutorial misconduct and that the district court made erroneous evidentiary rulings and erred by denying his motion for acquittal, according to the ruling. All those claims were denied by the appeals court.

The conviction stands for the production of child pornography but the conviction and sentence for the possession count is vacated and remanded to the district court for dismissal.