MIAMI (WSVN) - The trial for a former Hialeah Police officer accused of kidnapping and beating a homeless man entered its fourth day.
Former Hialeah Police Officer Rafael Otano is accused of kidnapping and beating Jose Ortega Gutierrez, along with former Officer Lorenzo Orfila, on Dec. 17, 2022.
On Thursday, Hialeah Police Officer Jeffrey Abascal took the stand.
Abascal testified that he was one of the responding officers to the initial incident when police received a call of an intoxicated man in a plaza.
“Three of us: myself, Ofila and Otano,” he said.
Assistant State Attorney Carolina Sanchez drew attention to surveillance video that showed three patrol cars leaving the plaza where Gutierrez was placed in handcuffs and into Orfila’s patrol car.
Abascal testified that he was the last car following in the line but eventually stopped.
“I felt that something was wrong,” he said.
On another call later that night, Otano told Abascal what happened.
“They both were saying, replaying the whole thing of what happened, and they took him into Orfila’s car, and they both went to Sector 6 to drop him off and just come back,” he said.
Defense attorney Michael Pizzi called attention to how his client had no part in putting Gutierrez in handcuffs.
“On this day and any other day, Officer Otano never, ever, ever told you that he ever touched or assaulted Mr. Ortega or anybody else, is that correct?” Pizzi said.
“Yes,” said Abascal.
Abascal’s GPS, unknowingly to him, wasn’t working.
“There will be no GPS tracking of where your car went because your GPS wasn’t even working, right?” Pizzi said.
Earlier during the day, Gutierrez continued his testimony.
During his testimony, the defense questioned how much Gutierrez drank during December of 2022, and the effects alcohol would have had on his memory, judgment or if he would get into arguments.
The defense was heard asking Gutierrez if he had a problem remembering.
In December of 2022, Gutierrez was involved in at least 12 fights.
As he was being asked questions by the defense, Gutierrez was notably frustrated, just as he was when he took the stand on Wednesday.
“You got into 12 drunken fistfights?” an attorney said.
“You’re not going to confuse me because you want to go ahead and switch things,” Gutierrez said through a translator. “You want to confuse me, and you’re not going to confuse me. Don’t ask me that question again.”
Gutierrez’s was also shown surveillance video of his arrest when he misidentified the officers who arrested him.
“Point your finger at Lorenzo, point your finger at him now,” Pizzi said.
Gutierrez pointed at Orfila and Otano in a blown-up picture.
The trial will continue on Friday. The state is expected to call a handful of witnesses to the stand. Jurors were informed to be at the courthouse at 9 a.m.
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