It was a lengthy set of jury instructions this morning read by Judge Fall in regard to the charges against accused West Sacramento cop, Sergio Alvarez. Sergio is facing 28 separate counts, from sexual assault to rape, kidnap and burglary. “Some of the charges will contain enhancements with special instructions of the law,” Judge Fall explained.
It was time for Deputy District Attorney Garrett Hamilton to begin his closing argument. He began with reminding the jurors of what he had instructed on in his opening statement. He stated, “During jury selection you all agreed you would not dismiss testimony from these victims because of their lifestyle. We talked about police and what they carry to help people or intimidate. He said these people were some of the down and outers, living on the street, and in motel rooms. Some addicted to drugs and alcohol” Hamilton stated. He said, “As we look at this case, we know Sergio chose these women because of their lifestyles.” He told jurors Alvarez chose them because he believed they would not tell.
He stated, “First of all in this case we heard prior statements from the victims at the grand jury and you can believe if you want and deem them to be true.” He says that this is not a circumstantial case, but it is the thrust of the case, and he stated the circumstances are powerful evidence.
Hamilton went on to talk about each alleged victim and their testimony. He told jurors that one of the victims talked about the night she met him and in what direction she saw him headed as he made a U-turn to come back and stop her near the MetroPCS store. He stated this person had no idea the communication center was recording his route and could not have lied about it. He said we know this because we ran her name about the time she stated he stopped her. He said we also know that the date was in September because her friend had been arrested just a couple days later and the victim told this in her testimony. It all checks out, he says.
Hamilton stated, “We know Alvarez would not turn on the MAV recording system on the occasion he picked up his victims because just months earlier he was reprimanded for not using his system.” But he said, “Alvarez lied to you on the stand, he said he did not know victim #1 and did not remember ever running her name, he’s a liar!” exclaimed Hamilton, as if hammering his fist on the pulpit.
He stated we know, from the Com center documents, that he ran her name and we know it was run about the time alleged victim number #1 reported to the detective. He stated, “She had no reason to lie about what happened to her that night.”
In regard to the second victim, Hamilton stated we have her DNA, near the edge of the seat exactly where she told Detective Glenn that Alvarez penetrated her. We also have Alvarez’s seminal fluid, found on the inside panel of the rear passenger door, so we know she was in the car and left DNA on the seat as the CSI investigator testified to finding.
Hamilton said the testimony of the third alleged victim was that she was taken to Raley Field and put on her knees where she was forced to give Alvarez oral copulation. She told detectives, after he was done with her she thought he was going to kill her, execution style. He stated then the second time was at her motel room where the defendant banged on her door to let him inside. Hamilton stated, “You all saw the video of her giving the oral copulation from the spy cam. He used his power to intimidate her and control her.” He told jurors, “And you heard her testimony, she did not want to come here to testify but she did and she talked about him being a pervert.”
Hamilton says, “And the fourth victim whose loyalty to Alvarez, he even told the same thing as the other victims did about Alvarez asking, what can you do for me? So she suggested giving him sex.” He said her testimony is a twisted reality but it still corroborates with all the other alleged victims, by certain things done and said by Alvarez.
He stated, “Why would she lie, she liked him and never thought of herself to be a victim? And she even told how he brought her a pipe full of meth as a Valentine’s Day gift, why would she lie about that?” He says, “This victim told the grand jury she had not regrets for being involved with Alvarez.”
Hamilton went on to talk about the fifth alleged victim. He stated, “You heard Alvarez tell you he ran her name and you heard it on the com center recorder and was told by dispatch she had no warrants. So why didn’t he let her go? He kept her in the car and drove to another location, questioning her about being a working girl.” He stated, “You heard him tell you that this girl, a heroin addict, got into his car and was flirting with him? Really? I think that would be the last thing an addict would do with a cop.”
Hamilton went on to say that Alvarez took the fifth alleged victim to a secluded area, told her to lie down just like he told the others to do and made her give him oral copulation, even after the victim begged and pleaded with him to just take her to jail. He said after it was over he told her to walk down a certain alley, so no one would see her.
He stated, “We know she went into the AM/PM to buy a phone charger and paid with a twenty dollar bill because we have the store clerk’s testimony and the receipt with a date and time stamped on it.” He stated, “We know she told the truth and we also have the video she made of her on her phone about how she gave oral copulation to a cop and it being unwanted.” Hamilton says, “Why would she lie? And how did she know that across the river the same thing had happened to women she did not know?”
Hamilton then wrapped up with telling the jurors what consent is and how the free will was taken once he put the victims into the back of his cop car. He states, “You have no free will if you are locked in the back of the car, there is no way out unless someone opens the door, and this is kidnap. Alvarez put these victims in the back of his car with the intent to sexually assault and rape them,” Hamilton declared. He repeated, “He can only say he did not know why they would tell these things and that he never met a couple of the victims, but there is proof he did, and he is a liar! He is a liar!”
He stated consent has to be reasonable and actual, but it was not. He put them in the risk of physical and psychological harm.
Hamilton stated, “His story is quite frankly bologna, that these women lied, why would they pick him to lie on? The victim’s stories were corroborated.”
Hamilton ended strongly, saying, “Alvarez is guilty of assault, guilty of raping them all, and he did so under duress.” He thanked them.
Closing for the defense will continue in the morning from where it left off late today.