HIALEAH, Fla. – Two former Hialeah police officers are set to stand trial on accusations they beat up a homeless man, but their attorneys are hoping a discrepancy in the department’s data will lead to the charges being dropped.
The victim reported the beating on the evening it happened last December, accusing the two Hialeah officers who have since been fired and charged.
GPS in Hialeah police cars is key evidence against Rafael Otano and Lorenzo Orfila, and it’s now under scrutiny.
“We now know that the GPS evidence is a travesty,” said defense attorney Michael Pizzi.
That day last December, the officers took Jose Ortega Gutierrez into custody after receiving a disturbance call outside a bakery.
Authorities say the officers then took Ortega Gutierrez to an isolated, dark area. The police unit’s GPS shows a route to an isolated place six miles away.
Hours later, Ortega Gutierrez said he woke up alone, uncuffed, with bruises, black eyes and torn clothing.
But attorneys have placed into evidence years of department emails documenting faulty police car GPS data showing officers in places they were not.
Otano’s car was on a fix list two years ago in March, and that was months after an email his sergeant sent about a GPS map to supervisors, writing, “His vehicle shows driving around in Miami Lakes, however I am here with him.”
Prosecutors have their victim’s own account, but that might be problematic, too.
In a deposition, Ortega Gutierrez admitted to drinking and fighting pretty regularly at that shopping center, including a dozen times last December.
“In my opinion, the charges should be dropped,” said Pizzi.