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The Denver Postdenverpost.comPosted: 12/17/2012 06:37:10 PM MSTDecember 18, 2012 1:46 AM GMTUpdated: 12/17/2012 06:46:44 PM MST
Denver jurors on Tuesday begin deliberating a rape and kidnapping case that pits a young police officer who lied to investigators against a woman with a checkered past and a history of heroin addiction.
Denver police officer Hector Paez, 33, is accused of driving the female arrestee to a secluded spot on May 16, 2010 and threatening to take her to jail on an outstanding warrant unless she performed oral sex on him.
One juror who was dismissed after closing arguments Monday said the prosecution made a compelling argument for the felony kidnapping charge against Paez, but said she was less sure about the sexual assault.
The victim incorrectly reported Paez was circumcised, she misidentified him in a photo lineup and there was no DNA evidence to back up her claim, said Lisa Simms.
"I definitely think the lack of DNA was pretty big for me," said Simms, who was excused to take care of a personal matter. "For the prosecution, the GPS was huge. It would have been a tough decision."
A GPS unit in Paez' patrol car showed he drove to a spot shielded from view in a deserted warehouse district and proved the first two stories he told internal affairs investigators was bogus.
Paez has pleaded not guilty to kidnapping, rape and providing false information to authorities.
The trial is now starting its third week. Eight men and four women will decide his fate.
Paez denies the sex act took place and testified that he spent half an hour with the alleged victim in his patrol car grilling her for information about heroin dealers.
Defense attorney Gary Lozow painted a picture of Paez as an eager young officer and father of four, who was being framed by a cash-hungry victim worried she'd get in trouble for informing on her drug dealer.
The woman has filed a civil lawsuit and spoke in March with The Denver Post and CBS4 News about the alleged attack.
"She's busy doing press releases, T.V. appearances," Lozow said. "This is about money, to some extent. This is a savvy lady."
Chief Deputy District Attorney Doug Jackson pointed to parts of the woman's story that synced up with the GPS data and the emotional text messages she sent to her boyfriend immediately after the alleged attack.
Even if jurors aren't convinced the sex assault took place, Jackson said that Paez unlawfully seized the woman when he arrested her and did not take her to jail as policy dictates.
"He knew the limits of his authority and he knew what he was doing was unjustified," Jackson said. "He's finding a secluded spot. That shows his intention is not just to talk."
He added that certain inconsistencies — like not knowing Paez' name when she called police — suggest she wasn't carefully crafting a complaint with a payday in mind.
"Don't you think she would have made it up better?" Jackson asked.
Jessica Fender: 303-954-1244 , jfender
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