Hialeah cop’s accuser struggles on stand as defense attacks his tale of beating
Over two days of testimony this week, Jose Ortega Gutierrez did little to bolster the prosecution’s case that two Hialeah police officers abducted him, drove him to a remote location and beat him so badly he blacked out and had to go to the hospital.
He refused to answer some questions. As jurors watched video of his arrest, Ortega Gutierrez repeatedly misidentified the officer handcuffing him and claimed it was former Hialeah policeman Rafael Otano — the man on trial and who was seated less than 10 feet away.
“Otano was not in any of the videos I was showing him,” said the officer’s defense attorney Michael Pizzi.
Ortega Gutierrez’s imprecise testimony was concerning enough Tuesday that Miami-Dade Circuit Judge Andrea Ricker Wolfsonwarned him that if he didn’t show up to finish on Wednesday, he’d be charged with contempt of court.
He appeared. But his testimony remained shaky.
Twice, Ortega Gutierrez — an admitted alcoholic with nine felony convictions who has lived behind a Hialeah laundromat for almost two decades — misidentified himself while watching video of his interactions with the owners and customers in a Hialeah bakery that led to his arrest. Pressed about it, Ortega Gutierrez said he had memory problems, then got angry at Pizzi for trying to “confuse” him.
“What does this have to do with what we’re here for?” asked Ortega Gutierrez.
That could be an important point. Though Pizzi successfully attacked Ortega Gutierrez’s credibility, state prosecutor Shawn Abuhoff may only have to show that Otano and former fellow Hialeah cop Lorenzo Orfila were the only officers at the remote location where Ortega Gutierrez was beaten, to get jurors to understand the destruction of his credibility was a mere red herring.
Ortega Gutierrez — a reluctant witness who was subpoenaed by both the defense and state prosecutors — is at the heart of a case that could land the two young former Hialeah police officers in prison, potentially for life. He took the stand this week during the trial of Otano, 23, a Hialeah cop until he was fired over a Dec. 17 incident during which the Miami-Dade State Attorney’s Office claims he and Orfila hauled away Ortega Gutierrez, beat him near some woods at an out-of-the-way cul-de-sac and left him.
Otano and Orfila have been charged with battery and kidnapping. Orfila’s trial date has not yet been set.
During the trial, the owners of a bakery at a strip mall at West 60th Street and 12th Avene said they called police the afternoon of Dec. 17 after Ortega Gutierrez became unruly and hassled customers. Under testimony this week the bakery’s owner said Ortega Gutierrez accused her of poisoning food and stealing tips, Under oath, he denied the accusation.
The state claims that through GPS, video surveillance and eyewitnesses, it can prove that after police arrived and handcuffed Ortega Gutierrez, he was hauled away and beaten by the two officers. Pizzi has argued during the trial now in its third day that his client never laid a finger on, transported or interacted with Ortega Gutierrez.
Also charged with witness tampering in the case is Ali Amin Saleh, an investigator who prosecutors say found Ortega Gutierrez after the incident and offered him money in exchange for signing an affidavit that would have claimed the two men did no wrong. Another man, notary Juan Prietofocofino, avoided trial for allegedly falsely notarizing the affidavit, by agreeing to five years of probation. He could testify in Orfila or Saleh’s trial.
Pizzi’s cross examination of Ortega Gutierrez is expected to continue Thursday. The trial is expected to last more than a week.
This story was originally published August 23, 2023 at 2:14 PM.
