Officer Dean Gutierrez raped a Transsexual

[Shuftin]

2006-08-26

SAN ANTONIO, TEXAS – A forensic serologist testifying Friday in the federal trial of a fired San Antonio police officer accused of raping a transsexual said DNA from semen retrieved by investigators matches the genetic profile of the officer.

The testimony of Garon Foster, technical leader of serology and DNA at the Bexar County crime lab, appeared to overshadow the gains defense lawyers had made for their client, Dean Gutierrez, during the first week of trial. Prosecutors rested their case shortly afterward.

Gutierrez, a 16-year police veteran, was placed on indefinite suspension — tantamount to being fired — because of the rape allegations.

Gutierrez is charged with depriving the civil rights of Gabriel Bernal by committing aggravated sexual abuse, and faces up to life in prison if convicted. Prosecutors contend the officer approached Bernal, who lives as a woman named Starlight, southwest of downtown on June 10, 2005, and forced Bernal into his patrol car after asking about a pending warrant. Gutierrez, prosecutors allege, drove to a nearby darkened area, forced her to perform oral sex, sodomized her and punched her in the face and hit her in the leg with his police baton.

The defense told U.S. District Judge Xavier Rodriguez before the start of the trial that Gutierrez said oral sex with Bernal was consensual, but that he denies raping or sodomizing Bernal. The lawyers have yet to raise that issue at trial.

Jim Felte, a trial lawyer with the Department of Justice's Office of Civil Rights, focused on key evidence as he questioned Foster: samples of semen found on Bernal's buttocks, on Bernal's underwear and on the right front passenger seat of Gutierrez's patrol car.

Foster testified that the sample taken from Bernal's buttocks was insufficient to compare to DNA samples taken from Bernal and Gutierrez.

The underwear sample, however, matched the officer's genetic profile, Foster said.

Asked if it could match someone else's profile, Foster said that probability was "one in 500 trillion."

Foster indicated testing of the separate sample of semen from the car seat also matched Gutierrez's DNA profile.

Foster's testimony was met with little cross-examination by Gutierrez's lawyers. Earlier, they chipped away at the testimony of another witness, a nurse who examined Bernal after the alleged rape.

Katherina Krausse testified that Bernal had a rectal injury that appeared to have occurred 24 hours before the rape examination, which took place about 1 a.m. June 11, 2005. Previous testimony established Bernal admitted having sex with a boyfriend the night before the alleged rape.

Asked if it was possible the injury was received during sexual activity before the alleged rape occurred, Krausse testified, "It is possible."

"So to be clear, could the (type of) sex this individual had on ... June 9, 2005, been the cause of the injury you found?" asked defense lawyer Jorge Aristotelidis.

"Correct," Krausse answered.

[fed up in SA]

The verdict is in: guilty! At least one dirty cop is away from society. He may get up to life: it looks like he will receive what he's been giving.

[KC]

Officer Dean Gutierrez

August 30, 2006 - SAN ANTONIO -- A police officer accused of raping and beating a transsexual after a traffic stop has been found guilty of violating the rights of a private citizen.

Former San Antonio Police Officer Dean Gutierrez is scheduled for sentencing on Dec. 1. Gutierrez, a 16-year veteran of the police force, faces up to life in prison.

Gabriel Bernal, 23, who goes by the name Starlight, said Gutierrez beat and sexually assaulted her.

The names of alleged sexual assault victims aren't typically made public. But Bernal consented to have her name used.

Authorities said the sexual assault happened on the night of June 10, 2005 and that Gutierrez knew Bernal was male.

They said Gutierrez stopped the victim and asked whether she wanted to go to jail or get in the car with him. He then drove the victim to a remote location.

The jury spent nearly 11 hours in deliberations, reported KSAT 12 News.

At one point in the afternoon they sent a note to the judge saying that they could not reach a verdict. But after a few hours the jury of 11 women and one man returned one.

Bernal said that Gutierrez got what he deserved.

Gutierrez is now in the custody of the U.S. Marshal's Service and will be held without bond until his sentencing.

His attorney said they would review the transcripts of the proceedings and plan to appeal on his behalf.

www.ksat.com/news/9765740/detail.html

[CAG]

He will get what's coming to him in prison.

[SA Woman]

He should be punished to the Maximum! He has kids and a wife at home and he was out doing these things! There are many currupt officers. This is just ONE of the MANY that was caught. I hope everyone that has had anything similar to this happen come forward. We don't need these MEN protecting anyone out there when they are part of the problem!

[Brother Harry Gonzales]

What a tradegy for all persons involved. My heart and prayers go out to the victim and to Mr. Gutierrez. Certainly, this is a painful incident for may people.

[tired taxpayer]

Um yeah, what he did was wrong, but LIFE--thats just stupid!!! Give him a year in jail, 5 years probation and fired with no pension. Anything more is BS.

[Shuftin]

tired said:

Um yeah, what he did was wrong, but LIFE--thats just stupid!!! Give him a year in jail, 5 years probation and fired with no pension. Anything more is BS.

Rape = rape = rape.

I want to side step this issue and address the morality of the problem. Female teachers having sex with young boys has gained much public sympathy. A male teacher having sex with a young girl will be vilified and victimized for life. Now we have a full grown man raping an adult queer. How do we react to it? I know, let’s give him a year in jail, 5 years probation and fired with no pension. This is the exact sentence that we give full grown men who rape adult women. In addition to this the rapist had the power of a Governmental gun and badge to subdue the victim.

[nocops]

tired said:

Um yeah, what he did was wrong, but LIFE--thats just stupid!!! Give him a year in jail, 5 years probation and fired with no pension. Anything more is BS.

You're right, a life sentance would be stupid. There's only two good punishments for rape.
One- Chop his dick off
Two- Chop his dick off

[MattMan]

Who really knows if it was rape or a consensual sexual fling that was a one night thing. Yes the transsexual "Starlight" had a rectal injury in the buttocks was insufficient and yes their was semen on the underwear and yes it was matched with the semen on the passenger seat of the patrol car but till this day it's still an "allegation." I'm not saying that because it was consensual (in which case I believe) everything is okay...Nope their are gonna be consequences to pay for doing wrong but to say that it was "rape?" Now days if anyone gets a chance to show down anyone that has any authority of the goverment, state, or law then their gonna take full advantage of it! The jury could not decide wither Gutierrez is guilty or not guilty but I was told by an insider that U.S. District Judge Xavier Rodriguez had slipped the jury a note to make any deliberation because he did'nt want the case to go to another court...now what kind of Judge would rush a life changing deliberation? "Starlight" said that he could'nt sleep and wanted to commit suicide man whatever...think about Gutierrez family and all the hell your putting them through because you seized an oppertunity...THINK ABOUT IT!!!

[MattMon]

Who really knows if it was rape or a consensual sexual fling that was a one night thing. Yes the transsexual "Starlight" had a rectal injury in the buttocks that was insufficient and yes their was semen on the underwear and yes it was matched with the semen on the passenger seat of the patrol car but till this day it's still an "allegation of rape." I'm not saying that because it was consensual that everything is okay...Nope their are gonna be consequences to pay for doing wrong but to say that it was "rape?" Now days if anyone gets a chance to show down anyone that has any authority of the goverment, state, or law then their gonna take full advantage of it! The jury could not decide whether Gutierrez is guilty or not guilty but I was told by an insider that U.S. District Judge Xavier Rodriguez had slipped the jury a note to make any deliberation because he did not want the case to go to another court...now what kind of Judge would rush a life changing deliberation such as this one? "Starlight" said that he could not sleep for a few days and he wanted to commit suicide man whatever...think about the Gutierrez family and all the hell your putting them through because you seized an oppertunity that will cost you...THINK ABOUT IT!!! May God bless both families and heal their pain for only you Lord know what they are really going through...Thank you Father for all the many wonderful blessings that you continue to bless us with each and every day that you allow us to live, that we may seek you in order to do the will of your Father and to lead others in the path of righteousness for you know that we can never get enough of your leadership! Lord I ask that your WILL be done now and forever with this sticky situation...in your name AMEN AND AMEN! God Bless the Gutierrez Family!

[fed up in SA]

Why do people have pity for this man? If he didn't have a badge, he would get no support. He did this while he was ON DUTY! As far as the "consensual" theory is concerned, I think it's ridiculous! He denies having anal sex, yet his semen was on the victim's underwear. That means he is a liar! He wasn't even in the location that he was supposed to be patrolling! He is to blame for what his family is going through. I love this city, I've lived here for almost 30 years, but I'm tired of our corrupt police force, who seem to do nothing but look for sex, beat up people, and file false police reports.

[njustce]

Here are a few things some of you all are missing..
1. The semen found on his underwear were found on the outside (where one would wipe something from their hands) and the semen found on the car seat was found at the bottom where once again one would wipe their hands.
2. As stated in the courtroom from the time he was picked up to the time he was dropped off the investigators stated that there was 2 minutes unaccounted for where the officer would have preformed the assault. Now if any of us here in this forum have ever had sex you know that it would take more that 2 minutes to sodomize some one the time limit does substantiate a blow job which was never the issue.
3. Then there is the use of the ASP (police baton, or as starlight said the "police stick") if he is on his knees preforming oral sex how in the world and why would the cop hit him on the ankle?? does not make sense.
4. Then there is the issue that the JUDGE who is probably a homosexual himself would not let the accused past be mentioned, the prosecution was not allowed to state that "starlight" - Gabriel Bernal had an arrest record with San Antonio Vice for male prostitution and was arrested 3 time following the incident. The officers that took the stand were not allowed to state that they were part of VICE and that they had been offered sexual acts from Gabriel when they were arresting him, and that he even ran from them in one particular arrest.
This officer was wrong for having a sexual act while on duty but this does not call for a LIFE sentence, this was done with consent.
The president of the United States received oral sex in the OVAL OFFICE and nothing was done to him. 2 wrongs don't make a right but when we have parents killing kids and people ,molesting children there is no way that this man belongs behind bars while these true sick people run free.... it was a blow job nothing more nothing less, the entire case was full of lies from Gabriel he even admitted to lying on his statement and his uncle admitted lying on the stand in our federal court and the so called JUDGE did nothing about it, This "JUDGE" is a joke I hope no one ever has to stand in his court room, and now a father, husband, brother, uncle, cousin, friend will more than likely have to spend the rest of his life away from those whom love him the most, what a cynical and outrageous world we live in!

[fed up in SA]

Give me a break, "njustice"! If you're looking for sympathy, you've come to the wrong place. Let me enlighten you on some things that YOU missed:

1. Gutierrez left his patrol area and ended up on another side of town with the victim. That shows premeditation.

2. The theory that Gutierrez was framed doesn't make sense. A person who has been arrested 3 times and has an outstanding warrant isn't going to go out and look for a police officer to have sex with, especially one in full uniform and a marked police car. There is too much risk in being arrested again.

3. You and the police department keep using the word "arrested", which means there are no convictions. I still believe in the American ideal that a person is innocent until proven guilty. Innocent people are arrested all the time by corrupt police officers like Gutierrez. I know, because I was falsely arrested myself by Kenneth Valdez and Michael Amador after I was the VICTIM of a crime. They covered up their legalized kidnapping with false police reports that even Mother Goose would be proud of. I feel that arrests should not even be kept on record if they don't result in a conviction. However, your friend, the rapist cop, HAS been found guilty by a jury of his peers and is now a convicted sex offender.

4. I find it ironic that you choose to put down the judge by saying he is probably a homosexual, yet you are trying to defend a man who has admitted having sex with a transexual. I have the utmost respect for the judge because he seems to be the only person of authority in this city that can look past the double standard that cops have enjoyed for centuries and hold corrupt cops accountable for their actions. Had there been no evidence, Gutierrez would have admitted nothing. How convenient! I hope more cops have to face him in court. I am looking forward to seeing more cop convictions.

5. There was semen directly on the victim's buttocks, and even though it wasn't enough to make a DNA match, when you combine that with the semen found that did match Gutierrez, that should be enough for a conviction.

5. Keep the president out of this. He didn't rape anyone.

6. Name one person who has been convicted of killing or molesting a kid that hasn't received jail time.

7. It was only a blow job, nothing more, nothing less? Excuse me, but he was being paid by taxpayers' to "protect and serve". Instead, he was spewing his sperm all over the inside of a police car, which was also paid for by taxpayers. What if a victim was in a life or death situation and needed his help? I guess the victim would have to wait until Gutierrez got his rocks off. Other cops in this city, like Pittman, Ruben Saenz, and Randy Ramirez seem to be confused by the term "serving our community" which is printed on the side of their vehicles.

8. Gutierrez and Gutierrez alone is to blame for what he and his family are going through.

When I was falsely arrested, it wasn't fair, but nobody cared.
When I spent 24 hours in jail for a crime that was committed against me, was threatened and sexually harrassed by jail guards, and was forced to wear an orange jumpsuit that smelled like urine, it wasn't fair, but nobody cared. When the officers filed false police reports (which is a felony), it wasn't fair, but nobody cared. When prosecutors left the false arrest on record even though they were forced to drop the case because they had no evidence (of course not, I was the VICTIM), it wasn't fair, but nobody cared. Now that your buddy got his dick caught in the cookie jar and is facing life in prison, you're crying that it's not fair. Guess what-I DON'T CARE!

Let this be a warning to all crooked cops in this city, some of whom are still on patrol! This city is finally realizing that we have corrupt police officers roaming the streets and they are not to be trusted. The pig party is over! The only "njustice" I see is that Gutierrez thought a police badge was a license to do whatever he wanted!

[njustice]

"FED UP IN SA"
If your name represents you then why are you still here in San Antonio?
I can tell a couple of things by your response
1. you were not in the court room
2. your are just "BITTER" beacuse something happen to you by the SAPD. So it looks like you want all cops to be locked up, which I can agree with you about that, however I never said that this officer was not guilty of having a sexual act while on duty, if you read what I posted I stated that he dpes not deserve a LIFE sentence, I agree with him not being able to have a badge and I agree that 99% of cops are "DIRTY" but I still do not agree with what they found him guilty for.
He was not found guilty by his peers they were forced to make a decision by the so called judge, he made it clear in the court room that he was going to make it as difficult as he could for the defense to try to prove that it was consentual. How ironic it was that 10 min before 5pm a note was sent to the jury tat they needed to reach a verdict cause the judge did not want to have a mistrial, the main thing here is that he was not found guilty "BEYOND A RESONABLE DOUBT" which that sounds like what happen to you, so I would think that someone like you who has faced this type of adversity would want justice for anyone no matter who they were and no matter what their proffession is or was, but according to you every cop must go down. Just remember that when you do need to dial 911 to get their help remember everyone is supposed to be found guilty beyond a reasonable doubt. This is not a personal attack on you please dont take it as one. I am not trying to find sympathy or epathy here I am just stating my opinion just like you are so take a chill pill.... BITTER.... PARTY OF 1!!!!!!!!!!

[Shuftin]

What police officers fail to realize is that the media is the biggest cop basher of all. Policecrimes.com allows a free flow of thoughts and ideas. Not all are good or well liked. None-the-less no one is ever banned, ever. If the media is wrong then this is the place to say so and state the correct facts. Many of our members and guests have first hand information on certain events and/or truths/lies. Collectively we have power through knowledge.

[fed up in SA]

I'm not going to be forced to leave this town after living here for almost 30 years by you or the police department. In fact, the corrupt cops are the ones who should be forced to leave. I have a good job and this town has a lot to offer. However, the SAPD is the worst this town has to offer. By the way, I have been a victim many times in this city and not once has an officer helped. In fact, the one time I needed them the most I was arrested. So don't give me that 911 bullshit.

Jurors cannot be forced to make a decision by a judge. You might thank your lucky stars that the judge doesn't believe in life sentences unless someone has been killed. He stated that when he sentenced Dwuan Jabbar Guidry, another dirty cop in nearby Balcones Heights.

The suggestion that I should support a dirty cop because I was falsely arrested doesn't make sense.

[fed up in SA]

By the way, I think it is hiliarious that you call me a party of 1 when many people support my opinion, not only with this case but cases documented around the country on this website. You are the minority, not I.

[WaTcHeR]

01.21.2007 - - SAN ANTONIO, TX) - A former San Antonio police officer was sentenced to 24 years and four months in prison in federal court Friday for the rape and beating of a transsexual, the Department of Justice announced.


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Dean Gutierrez was convicted in August of violating the civil rights of Gabriel Bernal, a transsexual who goes by the name Starlight, through aggravated sexual assault.

Prosecutors said Gutierrez, a 16-year police veteran, stopped Bernal on June 10, 2005, ordered her into his car and drove her to a remote location where he physically and sexually assaulted her.

"Officers of the law bear the special responsibility of upholding justice and protecting the rights of all citizens," said Wan J. Kim, assistant attorney general for the civil rights division.

abclocal.go.com/ktrk/story?section=state&id=4954129