By Elizabeth Piazza
Farmington Daily Times
FARMINGTON, N.M. — The District Attorney’s Office is seeking an independent review of rape accusations levied against a Farmington police sergeant.
Sgt. Kent O’Donnell stands accused of forcibly raping a Farmington woman during an Aug. 27 incident. The allegations surfaced after the woman filed an emergency restraining order Sept. 17 against O’Donnell.
Sheriff’s detectives completed the investigation and on Tuesday, forwarded the case on to The District Attorney’s Office. It was then forwarded on to the 13th Judicial District Attorney’s Office for review to determine whether any charges will be filed against the sergeant.
District Attorney Rick Tedrow decided to have another office review the case since it is considered a conflict of interest for local prosecutors to review the case because the office has pending cases where O’Donnell is or could be a witness.
District Attorney Lemuel Martinez, of the 13th Judicial District, declined to comment because his office has not yet received the paperwork on the case.
O’Donnell remains on administrative duties only after police administration opened an internal investigation looking into whether the sergeant violated any code of conduct policies.
They learned of the incident after O’Donnell informed his superiors Sept. 18 that he was the subject of a criminal investigation, Chief Kyle Westall said.
“I am terrified of retaliation by him,” the woman wrote in the restraining order. “He is a police officer whom I trusted. He has weapons and is trained as a Marine, SWAT and tactical expert. He spoke of people that he has killed.”
District Judge William Birdsall rejected a motion during a hearing Wednesday to dismiss the restraining order filed Sept. 29 by O’Donnell’s attorney, Steve Murphy.
O’Donnell, through the motion, contends that there is “an absence of probable cause from the specific acts alleged in the Petition to warrant the issuance of a temporary restraining order of protection,” according to court records.
“I can’t imagine any district attorney finding there is probable cause, much less evidence beyond a reasonable doubt that he committed any crime,” Murphy said is a phone interview Friday.
Murphy added that it was appropriate for District Attorney Rick Tedrow to forward the case on to another district attorney’s office because Tedrow “has to deal with the Farmington police on a regular basis.”
Wednesday’s hearing covered several issues, including Murphy’s request to depose the alleged victim and her 16-year-old son, who O’Donnell claims was at the residence when the alleged rape occurred.
Following the outcome of Wednesday’s hearing, O’Donnell remains unable to carry a firearm and is restricted to desk duty.
“Judge, we need to get him back to work,” Murphy said in the hearing. “This is affecting his career.”
Birdsall, after expressing surprise that police administration would lift the restriction on his duties amid an ongoing criminal investigation, declined to dismiss the restraining order and allowed for both attorneys to question the parties involved.
Copyright 2011 Farmington Daily Times