City attacks credibility of Arevalos victim - San Diego, California News Station - KFMB Channel 8 - cbs8.com

City attacks credibility of Arevalos victim

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SAN DIEGO (CBS 8) - Attorneys for the city of San Diego are now challenging the emotional account of one of former San Diego police officer Anthony Arevalos' victims, claiming in court filings that it was the victim herself who offered a bribe to Arevalos to avoid being arrested.

Identified only as "Jane Doe" in a civil rights lawsuit filed against the city, the victim tearfully testified in 2011 that then-Officer Arevalos pulled her over in the Gaslamp Quarter for suspected DUI, then told her if she gave him her panties, he would let her go.

The two then drove to a nearby 7-11, she testified, where she took off and handed him her underwear in the store's bathroom. She then testified in court that the married father of two touched her genitals.

But in court filings by the defense, attorneys for the city have a different position, contending it was "Jane Doe" who initially proposed a sexual "bribe" to Arevalos.

"Plaintiff bribed Officer Arevalos with her panties to get out of the DUI," the court document reads. "Both plaintiff and Arevalos agreed to consummate the bribe in a nearby 7-11 in the Gaslamp."

As Arevalos remains in prison serving an eight-year term, his defense team is working to try to release him.

His attorneys recently filed an appeal contending that investigators failed to hand over a key piece of evidence: handwritten notes penned by "Jane Doe" the day after Arevalos assaulted her, detailing the incident for police, which failed to mention that Arevalos touched her genitals, as she later testified in court.

This was "the most serious offense for which (Arevalos) was convicted, resulted in the longest prison term and a sex offender registration requirement," attorneys for Arevalos wrote.

His defense also argued that had they had access to those notes, they could have used them, and their apparent omission, as a way of challenging Jane Doe's story in court.

While prosecutors acknowledged the error, they also contend that those notes by "Jane Doe" would not have altered the outcome of the trial.

A judge has ordered a hearing on this issue for February 7 in Superior Court.

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