Jury hears interview with defendant during retrial for former police officer accused of rape
The retrial for former Pasco police officer Richard Aguirre, accused of raping his niece, continued on Wednesday in Franklin County.
The jury listened in, as detective Jacinto “Jason” Nunez played his interview with Aguirre back in November of 2014.
“I know my body, I know when I’ve had sex the night before,” said Aguirre in the interview, “I know my body, I know I didn’t have sex.”
On the night of the alleged assault, both Aguirre and his niece had been drinking.
Both decided it was a good idea to have her stay with Aguirre since she could not drive herself home.
The two ended up sleeping in the same bed, which according to their past history, was not uncommon since the alleged victim was Aguirre’s favorite niece.
However, Aguirre said things were different this time.
“She, I want to say cuddles, like uncomfortably cuddles,” he said in the recording.
His niece testified on Tuesday saying that’s not what she remembered.
“Then he started kissing — kissing me,” she said on the stand.
“All the sudden I feel her hand on my face,” said Aguirre in the interview. “Then she goes ‘who are you?’ I go what? And she goes ‘who are you?'”
“He giggled and he said it’s me and I hit them again,” said Aguirre’s niece.
Both Aguirre and his niece said she then wanted to leave, so Aguirre drove her to where her children were staying, where she called her mother to tell her that she was allegedly assaulted by her uncle.
“She said something about, the words were, take advantage of her,” said Aguirre in the recording.
An allegation that Aguirre denied.
Evidence showed that Aguirre’s DNA was found on his niece’s underwear.
The prosecution argued that this is consistent with the allegations, but the defense brought a DNA expert to the stand Wednesday to confirm the amount of DNA found was extremely minimal, no more than 5 nanograms, and could have gotten there as the alleged victim lay in Aguirre’s bed.
“A nanogram is a billionth of a gram,” said John Henry Brown, Aguirre’s lawyer after confirming it with the expert.
As for Aguirre, he stands by his statement.
“Was there any intercourse?” said detective Nunez in the interview. “No,” said Aguirre.
The trial will continue on Thursday where more witnesses are expected to take the stand.
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