What happened at trial? According to his trial attorney, Gina Mendez, the victim made up the sex story. From the Miami Herald (9/29/05):
His attorney, however, says the story was simply concocted -- to cover up a sexual relationship with another Miami police officer. "I'd say the testimony was not credible," said defense attorney Gina Mendez, pointing to conflicting details between the girl's account and those of other witnesses.
The Accuser's testimony:
The teenager told the five-woman, one-man jury that she met Gutierrez -- a highly decorated officer -- on the evening of Oct. 9, 2002, at Miami police headquarters, after finishing an Explorer meeting. Later that night, she and an 18-year-old friend from the Explorer program met him at a Metrorail station just off Interstate 95 and South Dixie Highway, she testified. There, they kissed and he groped her -- she felt nervous and sick, but liked the cop, she said.
On the morning of Oct. 13, Gutierrez picked her up -- after withdrawing cash from an ATM -- and drove to the Jamaica Motel on Southwest 8th Street. The rooms can be rented for two hours at a time and feature adult movies and mirrors on the ceiling. "Once we pulled into the motel, I knew what was going to happen," she told the jury, admitting she did not stop his advances.
There was other evidence:
Prosecutor William Altfield says bank records, as well as handwriting samples comparing Gutierrez's signatures on the motel registration card to documents at the officer's workplace, bolster the case. The relationship continued for months until detectives got wind of the rumors. Gutierrez was arrested in October of 2003, and relieved of duty.
The defense at trial:
Mendez, Gutierrez's attorney, said the girl's story is fabricated. During cross-examination, Mendez pointed out that when the girl's friends asked her about the alleged relationship, the teen blurted out the last name of another police officer.
The girl said she mentioned the name to cover up for Gutierrez. Mendez acknowledged that she had not talked to the other officer to corroborate the allegation.
