Thursday, November 10, 2011

Closing arguments feature football analogies in San Diego California "Sex" for "No DUI arrest" case - the game is over as the jury gets to decide

Sex for No DUI case prosecutor's closing -

Anthony Arevalos inquired from women he stopped while a San Diego DUI Police Officer:

“What can you do for me?” “What can you offer me?” and “What is it worth to you to get out of a DUI?”

The prosecutor affirmed Arevalos did not specifically use the word “sex” in many of the contacts. Yet, there was little question in the women’s minds as to what he was seeking.
“This officer had one thing in mind, and it was sexual in nature,” she said.

The California attorney prosecutor implied the police officer was looking for some kind of sex-related bribe. “It’s very clearly not about money.”

At one point she explained how it's a football game. The cop played well in the first half, but now the second half is not looking too good.

Arevalos’ San Diego criminal defense attorney, Gretchen von Helms, closed, contending all of the women had been drinking alcohol before they were stopped, which likely affected their perception and memory.

The lawyer then played in court a music video for the song “Last Friday Night,” by Katy Perry, and recited some of the lyrics. This video shows a young girl assessing the damage around her after a wild party and struggling to recall what happened.

“That’s why alcohol is such an important part of this case, and it goes directly to credibility and believability of these witnesses,” the San Diego criminal defense lawyer pointed out.

Arevalos, an 18 year San Diego Police Department DUI & traffic division officer, was arrested in March and charged with 21 felony counts including sexual battery, asking for a bribe, assault by an officer and false imprisonment. The charges relate to seven alleged victims, three of whom accuse the officer of touching their bodies in some intimate way.

The attorney prosecutor incidents that occurred between September 2009 and March of this year and the computer evidence shows that Arevalos kept the women at traffic stops much longer than was necessary.

The prosecutor presented evidence from other women who testified that Arevalos had behaved inappropriately during their contact with him. Their testimony does not relate directly to the charges in this case but was offered to show a pattern of conduct by the officer.

Two young women testified that Arevalos stopped them in the Gaslamp in January 2010 and cited one of them for driving on a suspended license. He then drove the women home to Mission Beach, where he asked for a glass of water and was “hanging out” in their condo for about an hour until nearly 4 a.m.

One of the women said Arevalos tore up the ticket and threw the pieces in the air, saying he was “making it rain a misdemeanor.”

Arevalos’ lawyer pointed out the alleged victims’ alcohol consumption when considering their testimony. Many of the woman had blood-alcohol contents at or above the .08% legal limit for drivers in California.

One woman, who was under 21 in December 2010, had a BAC of .05%. Because she was a minor at the time of the traffic stop, any alcohol consumption on her part would have been illegal.

Von Helms pointed out a number of the alleged victims have filed claims with the city, a precursor to a lawsuit, and expect to get a benefit — such as having their DUI cases dismissed — in exchange for their testimony. 2 were stopped again on suspicion of a San Diego DUI after their contact with Arevalos. “If they’re getting a benefit, … they tend to shade the truth,” reminded the attorney.