GREEN BAY, WI (WTAQ-WLUK) – The federal government will appeal a decision granting a new trial for Isaias Cupino, an Oconto Falls doctor whose conviction for producing child pornography was overturned by the judge.
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.
But Cupino argued the court erred while certain evidence at the trial. Judge William Griesbach agreed, reversed his earlier ruling allowing the evidence, and granted a new trial.
However, Asst. U.S. Attorney Timothy Funnell filed a notice Thursday, saying he’ll appeal the ruling to the Seventh Circuit Court of Appeals in Chicago.
While an Oct. 5 date for the re-trial was scheduled, but it is unclear if the appeal process would be completed by then.
The case against Cupino 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.
