SAN ANTONIO — A police officer accused of raping and beating a transsexual in his squad car is on trial in a federal court.

Dean Gutierrez, 46, is charged with depriving a person's civil rights by committing aggravated sexual abuse while on duty. If convicted, Gutierrez faces up to life in prison.

Curious onlookers peeked through the doors of the U.S. District Court on Tuesday, when the trial opened.

The accuser, Gabriel Bernal, 23, was expected to testify Wednesday.

Although the names of alleged sexual assault victims aren't typically printed, Bernal has consented to have her name used. Bernal prefers to be called Starlight and be addressed as a woman. However, prosecutors are using male pronouns to refer to Bernal.

Authorities say the sexual assault happened on the night of June 10, 2005. They say Gutierrez knew Bernal was male.

"He took Gabe into his custody using a municipal warrant, kidnapped him in his car and took him to a dead-end street next to some railroad tracks, and he .. raped him," Assistant U.S. Attorney Bill Baumann said during opening statements. "He did all of that wearing the uniform of the San Antonio Police Department, a badge, a gun ... All of the things we clothed him in."

Gutierrez also punched Bernal in the face and struck her leg with his police baton, prosecutors allege.

The defense contends Bernal made up the allegations to get money from the city. Bernal has hired attorneys to pursue a civil case against the city, said Gutierrez' attorney, Ben Sifuentes Jr.

Statements given by Bernal and her relatives to internal affairs investigators were inconsistent with versions given during the criminal investigation, Sifuentes said.

"What the evidence will show is that Gabriel Bernal is not capable of telling the truth about anything," Sifuentes said.

Gutierrez's defense has previously said the sexual activity between their client and Bernal was consensual.

The San Antonio Police Department placed Gutierrez on indefinite suspension, which is tantamount to being fired, after his indictment in October 2005.



SOURCE

Apparently Smartt's real name is Dean Guttierez and he somehow snuck his Brazilian citizenship past a U.S. police department. Maybe he's smarter than we gave him credit for?

They got mean fucking cops out there.