Showing posts with label kidnapping. Show all posts
Showing posts with label kidnapping. Show all posts

Tuesday, December 18, 2012

Jury finds Denver cop guilty of felony kidnapping, sex assault

Font ResizeCops and CourtsBy Jessica Fender
The Denver Postdenverpost.comPosted: 12/18/2012 07:08:20 PM MSTDecember 19, 2012 2:20 AM GMTUpdated: 12/18/2012 07:20:45 PM MST

Denver cop Hector Paez grasped his forehead and quietly muttered "I don't understand" as he stared at the 12 men and women who who had just convicted him Tuesday evening of felony rape and kidnapping.

His wife, and the mother of their four children, collapsed into tears.

It had been more than two weeks of trial and more than two years since Paez was first accused of arresting a woman, driving her to a secluded spot in a deserted warehouse district and coercing her into oral sex.

The rape case — a test of credibility — put the dishonest cop up against an accuser with a checkered history that includes heroin abuse and a prostitution conviction.

Jurors deliberated for less than a day before reaching the verdict that will end Paez' career as a Denver police officer and could land him in prison for up to life. 

Chief Deputy District Attorney Doug Jackson said isn't always easy to fire errant officers, let alone convict them in criminal court.

"Jurors want to believe cops are good guys, and most are," Jackson said. "This is a good day for the Denver Police Department. There are a lot of good, hard working cops in that department, and now they can get rid of Officer Paez."

The 33-year-old Paez, who was cuffed and taken into custody, will remain in jail until a status hearing Thursday. At that point, District Court Judge John Madden will decide whether he can remain free on bond until he's sentenced.

The victim said Tuesday evening that she plans to ask Madden to keep Paez locked up, saying he threatened her during the May 16, 2010 assault and also stared her down as she testified.

The verdict was an emotional moment for her, too, she said.

"I was so overwhelmed. I just fell down to my knees, thanked God and I cried," she said. "I've been called a liar. This just justified everything."

Paez could face as little as probation for the felony charges. The rape carries a penalty of up to life in prison and the kidnapping up to 24 years in prison. He was also convicted of the misdemeanor charge of providing false information to authorities.

"We're both surprised and disappointed," said defense attorney Gary Lozow. "Hopefully an appeals court will get it right."

He argued during trial that Paez kept the woman in his car to gather intelligence on her heroin dealer and drove to an out-of-the-way spot so she wouldn't be spotted by her pimp.

The woman testified she was meeting her now fiance — not a pimp — at the lightrail station where she first encountered Paez.

Jurors filed out Tuesday without comment on what evidence they found most compelling.

Jackson and internal affairs Sgt. Jaime Lucero lined up GPS tracking data from Paez' patrol car, calls that the woman overheard on his car radio following the assault and accounts from other officers to piece together Paez' actions that day.

Paez' case was plagued by delays — the biggest coming in September 2011 when evidence misplaced by investigators surfaced and prompted a mistrial.

Throughout the life of the case, Paez' wife, brother and other family members have dutifully attended hearings.

But on Tuesday, some in tears, they declined to comment on the conviction as they filed out of the courtroom.

Jessica Fender: 303-954-1244 , jfender

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Monday, December 17, 2012

DNA, GPS on trial in case of Denver cop facing rape, kidnapping counts

Font ResizeLocal NewsBy Jessica Fender
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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