By Adriana M. Chávez
El Paso Times
Jurors in the sexual assault trial of a former El Paso police officer were to continue deliberations today after they didn’t reach a verdict Thursday.
Zake Rivera, 29, is charged with sexual assault and official oppression after he allegedly forced a woman to perform oral sex on him while on duty on Jan. 23.
The woman claims she was seated in Rivera’s patrol car when he exposed himself to her and tapped her on the back of the head. Rivera claims the woman exposed herself to him, grabbed his utility belt and began performing oral sex on him.
During closing arguments Thursday morning, defense attorney Joe Rosales told the jury of six men and six women that the alleged victim’s story was inconsistent on several occasions. He also urged jurors not to base their verdict on emotions.
The accuser “was very emotional (during her testimony). I saw some of you crying along with her. She makes you want to believe her,” Rosales said in court.
Rosales admitted that Rivera and the woman engaged in a consensual sex act, and he pointed out that the woman made comments complimenting Rivera’s appearance to at least two people.
“Why would you say that about someone who violated you?” Rosales asked jurors.
Rosales also pointed out the woman called 911 in July to recant her accusation against Rivera, and falsely accused Rivera’s relatives of assaulting her.
Her main motive for making the accusation, Rosales said, was to file a $250,000 civil claim against the city.
Assistant District Attorney Beto Acosta argued that Rivera targeted the woman because she is mentally unstable and knew no one would believe her claim of sexual assault.
Acosta said the woman admitted she was intoxicated during the July call to 911 and is now taking Prozac.
She complied with performing the oral sex on Rivera, even though he didn’t use physical force or make a threat, because she feared going to jail, Acosta said.
At the time, she was on probation for a previous conviction of driving while intoxicated. She is now in jail for allegedly violating her probation after failing to take three court-ordered breath tests.
“This is why we’re here,” Acosta said as he stood over Rivera and gestured at him as Rivera sat at the defense table. “He made himself a criminal. Remember that. He made the choices out there.”
Acosta also argued that the woman’s story was in fact consistent.
She testified she and Rivera returned to her apartment while her husband and another officer still were there, although the officer testified Monday he remembered seeing the woman and Rivera outside as the officer left with the woman’s husband.
Acosta said Rivera apparently took a $20 bill from her husband’s wallet and gave it to the woman, something he couldn’t have done unless he returned to the apartment.
“She is the perfect victim,” Acosta angrily told jurors. “She is the weakest of your community, and she needs your help.”
Deliberations are scheduled to resume today in the 210th District Court.
Copyright 2011 El Paso Times, a MediaNews Group Newspaper