MIAMI – The trial of Rafael Otano, one of the two former Hialeah police officers accused of kidnapping a man and beating him up while on-duty, continued for the fifth day in Miami-Dade County court Friday.
Friday morning’s proceedings featured testimony from one of the detectives assigned to investigate the claims by the alleged victim, Jose Ortega-Gutierrez.
He claims that Otano, 27, and fellow officer Lorenzo Orfila, 22, responded to a Hialeah bakery, handcuffed him, and took him to a desolate area in Miami-Dade County to beat him up.
Prosecutors charged both men with armed kidnapping and battery.
Detective Joseph Elosegui, with the Hialeah Police Department’s Major Crimes Unit, testified that he visited the alleged site of Ortega-Gutierrez’s beating, about 10 days after it had taken place.
Elosegui said it was clearly used as a dump site: he saw trash and junk everywhere. But he said he also noted that he didn’t see people hanging around in the area.
Prosecutors are trying to argue that it was very unlikely that anyone else could have been responsible for the beating.
During cross-examination, Otano’s attorney attempted to make the point that the fact that there were items strewn everywhere clearly showed that people do go to that area and that there was a nearby construction site.
He argued the department had actually had to set up a special detail because teenagers were known to do bonfires in that area, therefore, there could have been others in the area who beat the man up.
Elosegui also testified about Ortega-Gutierrez’s injuries.
“His face area appeared a little bit distorted on one side due to the swelling,” Elosegui said. “I remember a laceration to the back of the head and he had swollen lips, and I believe his eye had indications of some type of trauma with bruising.”
Detective Magela Montalvo also testified that she collected GPS data to back up the alleged victim’s story, though defense attorneys have argued past glitches cast doubt on whether that data is accurate.
The defense has worked to point out what it calls inconsistencies in Ortega-Gutierrez’s story, including his initial description of a blond assailant.
“Rafael Otano’s not blond,” Otano’s attorney said.
“That’s correct, but his hair is darker than before,” Montalvo replied.
Otano’s attorney asked Montalvo if she was implying that he dyed his hair.
“He looks like he dyed his hair,” Montalvo said. “I’m not saying his hair is blond. I’m just saying his hair looks darker.”
Montalvo also admitted that Ortega-Gutierrez’s description of a short and chubby assailant doesn’t match Otano.
Otano potentially faces life in prison if he is convicted.
Also charged in the case were Ali Amin Saleh, a private investigator, who prosecutors allege later offered Ortega-Gutierrez money so he wouldn’t report the beating,
Juan Prieto Cofino, a notary, was accused of fraud for notarizing an affidavit Saleh allegedly asked Ortega-Gutierrez to sign.
Otano’s trial was expected to continue Monday.
Coverage of trial
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