MIAMI (WSVN) - A judge has denied a motion to acquit a former Hialeah Police officer convicted of kidnapping a homeless man.
Former Hialeah Police Officer Rafael Otano lowered his head and placed his hands in prayer on Wednesday as the judge denied a renewed motion for judgment of acquittal, a new trial and a stay of sentence pending appeal.
Otano was then seen holding the arm of his defense attorney, Michael Pizzi.
“Obviously, he is disappointed, but without revealing any of the comments, he has faith in God, and he is confident, at the end of the day, he will be set free,” Pizzi said.
Last month, a jury found Otano guilty of armed kidnapping but not guilty on a charge of battery.
He was accused of kidnapping and beating Jose Ortega Gutierrez, a homeless man, along with former Officer Lorenzo Orfila, on Dec. 17, 2022.
The two drove Gutierrez miles away from a strip mall where he was first apprehended and took him to a remote area where, Gutierrez claimed, they beat him and left him injured and bloodied in the woods.
He was later found and helped by another officer.
The judge referenced witness testimony in her decision not to grant any of the motions.
“I would like to point out that the defendant in this case, for all intents and purposes, admitted to kidnapping by saying, ‘We took him out there and left him. We need to get our stories straight,'” she said.
Family members dropped to their knees outside of the courtroom.
Just days earlier, they were seen protesting the jury’s decision outside of the Metro Justice Building.
Pizzi said that this is just the first round.
“I think this is an injustice, it’s an abomination, it’s a slap in the face to everyone who wears a police badge,” he said, “and we feel that at the court of appeals we will prevail and have the court of appeals reverse this and set him free and find him innocent.”
A hearing to set a sentencing date for Otano has been scheduled for Oct. 10.
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