Dr. Isaias Cupino (Photo courtesy Oconto County Sheriff's Office)
GREEN BAY, WI (WTAQ-WLUK) – The federal government may appeal a decision granting a new trial for Isaias Cupino, an Oconto Falls doctor whose conviction of producing child pornography was overturned. Meanwhile, he will be released on bond.
In April, a jury found Cupino, 65, guilty on five counts, including three of production of child pornography. He was acquitted on three other counts.
His sentencing had been scheduled for July 30, but Cupino appealed his conviction, arguing the court erred in allowing certain evidence during the trial. In a nine-page decision issued Friday, Judge William Griesbach wrote: “Having considered the matter more fully and in light of the totality of evidence at trial, the court agrees. Dr. Cupino’s motion will therefore be granted.”
During a hearing Tuesday, Asst. U.S Attorney Tim Funnell said the government disagrees with Judge Griesbach’s decision, and is reviewing its appeal options. A decision is expected in less than a month, he said.
However, an Oct. 5 trial date was conditionally set, if the government does not appeal.
Defense attorney Alf Langan’s request that Cupino be released on bond while waiting for the next stage of the case was granted.
Cupino will need to post his residence as bond security. He must comply with other requirements set by the court, including wearing a GPS monitor, the judge said.
The case began when police received a tip that child sexual abuse material had been uploaded to Facebook from a computer in Oconto Falls. A detective recognized the doctor in the video as Cupino and had reason to believe the child involved, a toddler, was in danger.
Police searched Cupino’s house and found more explicit videos depicting Cupino and the toddler, taken in Cupino’s home. He was charged in state court last August, but those counts were dismissed one month later in favor of the federal case.
According to court documents, Cupino coerced a “pre-pubescent minor” to engage in sexually explicit conduct and used a phone to capture pornographic images.
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