WRENTHAM, Mass. — 23-year-old Jacob Guerrero, the man charged after recording women in bathroom stalls while dressed as a woman at the Wrentham Premium Outlet this year, is now living in California despite a court order not to leave Massachusetts.
Boston 25 News has obtained court records revealing that Guerrero was ordered not to leave the state if he posted $25,000 bail set at his arraignment by Wrentham District Court Judge Thomas Finigan.
However, after his family posted bail, Guerrero almost immediately defied the conditions of his bail and moved to California. In November, after Guerrero left the state, Guerrero’s attorney petitioned Judge Finigan to modify Guerrero’s bail condition to allow him to stay out of Massachusetts.
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In an affidavit, Guerrero wrote of the bail condition not to leave Massachusetts: “If the Court said this aloud, I did not hear it, nor did I hear the Clerk say it when entering the order.”
Court records from Guerrero’s October arraignment clearly reveal Guerrero’s pretrial condition of release, and the court clerk’s handwritten notes indicate Guerrero could not leave Massachusetts. However, because of court COVID-19 no contact protocols, Jacob Guerrero never signed his paperwork. At the November hearing, a Norfolk County prosecutor urged Judge Finigan to order Guerrero’s return to Massachusetts, but court records reveal, over the commonwealth’s objection, Judge Finigan allowed Guerrero to stay in California.
There was no sanction for Guerrero for violating his bail restriction when he first left Massachusetts.
“I’ve been doing this for a very long time. I’ve never seen a case like this,” Boston attorney and victim’s advocate Wendy Murphy said.
Murphy is concerned that Jacob Guerrero is facing serious charges and is now allowed to remain 3,000 miles away from Massachusetts.
“Why would a judge believe a guy like this when everyone else knows that condition was imposed on him and he’s the only one claiming he didn’t know? Makes no sense,” Murphy said. “A court’s order is a court order, whether its verbal, in writing, you can’t leave the state. And this argument, this super technical argument that ‘I didn’t sign the paperwork’ is absolutely irrelevant and, in my view, disrespectful of the court.”
Guerrero’s attorney did not want to comment on the case. According to court records, Guerrero is ordered to have no unsupervised contact with anyone under 18.
He is due back in Wrentham District Court for a hearing in February, however, he can call in over a telephone, he can stay in California and is not required to attend.