MIAMI (WSVN) - The defense team for a former Hialeah Police officer accused of beating a homeless man asked a judge for a mistrial.
Officer Rafael Otano is accused of kidnapping and beating Jose Ortega Gutierrez, along with former Officer Lorenzo Orfila, on Dec. 17, 2022.
During the fifth day of the trial on Friday, the defense said that the state was confusing the jury by putting the officer on trial for policy violations rather than the crime itself.
The state said no report was made about the incident at all, which ultimately broke policy.
The defense argued that they couldn’t point the finger at Officer Otano for the assault.
“When you put a police officer on trial, if you commit the state to bring in evidence against policy violations; didn’t turn on the body cam, didn’t fill out this report, didn’t call a sergeant, all those things, basically a jury can convict him for alleged kidnapping and some other alleged serious crimes based upon elements, violations of policy and procedures that are not in the statute,” Said Michael Pizzi, a defense attorney.
The judge ultimately denied the defense’s motion for a mistrial.
As the trial continued, jurors heard testimony from Detective Magela Montalvo, the lead investigator in the case.
Surveillance video was played in court, which Montalvo testified that Otano was at the plaza on Dec. 17.
“That is Officer Otano’s vehicle, which is a dodge charged,” Montalvo said.
“On Thursday, responding Hialeah Police Officer Jeffrey Abascal took the stand and testified that he stopped following a line of cars.
The defense questioned him on his GPS, which unknowingly to him, wasn’t working.
Montalvo pulled his cellphone records and ruled Abascal out as a suspect.
“Yes, it does not show him at any at these locations,” she said.
The state plans to call more witnesses to the stand. Jurors will return to the court house on Monday.
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