Defense attorney J. Toney gave his opening statement to the court. He claimed that one alleged victim, the youngest woman related to the case, had a consensual relationship with ex-officer Sergio Alvarez. Toney raised the issue that Alvarez had never raped her and, in fact, had a relationship with the alleged victim, albeit its immorality, that was perfectly legal.
He also exclaimed that the alleged victim, in testimony to the grand jury, told Alvarez, “If I have sex with you, will you let me go?” Toney emphasized that the alleged victim started the affair with Alvarez herself and proceeded to boast about it to her friends that she was dating a police officer.
Another alleged victim, a mother figure to the other alleged victim, was very protective of her and told another officer, McAffee, that Alvarez had had illegal sexual relations with them. Toney exclaimed that Alvarez had never actually had sexual contact with that victim and only ran her for her methamphetamine arrest warrant before letting her go about her business.
Another point that Toney brought up was that there were also two other men’s DNA found in the back seat of Alvarez’s patrol car. One of the men was identified as David, the boyfriend at the time of the second alleged victim mentioned here, with whom she had been in a fight. He said there might be a connection between the male DNA found in the patrol car and the second alleged victim’s DNA that may have caused confusion with Alvarez’s alleged kidnapping of her. Toney then refuted that alleged victim’s comments by saying that her testimony contradicts the possible scenario of events that could have physically happened in the back seat of the patrol car.
Defense also explained a third alleged victim’s testimony in his statement. Toney told the court that, in her testimony to the grand jury, the third alleged victim had been looking for a phone charger and the defendant was willing to help her look for one. She then proceeded to flirt with defendant and asked for his phone number, which indicated a consensual relationship. Toney stated that she asked Alvarez, “If you need to do something with me [then] you need to handcuff me.”
Toney continued on about a fourth alleged victim and how she was kicked out of a party. Officer Alvarez arrived at the scene and she began flirting with him, provoking him to have sex with her because she thought he was “cute.”
Toney also refuted the charges of “Residential Burglary,” explaining that there could not have been forced entry into the first alleged victim’s apartment if her relationship with Alvarez had been consensual.
The “small camera device” found in Alvarez’s locker that contained footage of him and one of the alleged victims having intercourse showed that she was enjoying it, further proving his point that the sex was consensual.
Finally, Toney explained that police records indicate Alvarez never knew who the second alleged victim was until he ran her through for an arrest warrant. He felt that she only wanted to “minimize her criminal problems” by using Alvarez as a scapegoat.
“There is no DNA, and there is no evidence,” said defense attorney Toney.