Tampa Tribune
http://www.tampatrib.com/FloridaMetro/MGACY9ZKHFD.html
 
Tears Flow At Gutierrez Trial

May 9, 2003
Photo by: JIM REED
Nester DeJesus' mother, Lisette Santiago, said
Thursday that she told Gutierrez not to kill herself
because the young woman's daughter needed her.
 
TAMPA - Paula Gutierrez stared at the center of the courtroom, her face emotionless during the second day of her first-degree murder trial Thursday.

The most moving testimony came from witnesses who said they saw Gutierrez's boyfriend, Nester DeJesus, shoot and kill Tampa police Officer Lois Marrero.

Gutierrez's attorney cried while listening to a police recording of Marrero's last radio transmission. On the tape, Marrero described DeJesus pointing a gun at her.

Gutierrez, 25, continued staring.

A teen witness cried on the stand as she described seeing Marrero bleed to death.

Gutierrez kept staring.

A veteran officer cried as he described kneeling next to Marrero's body.

Gutierrez continued staring.

DeJesus' mother cried as she testified about trying to talk Gutierrez out of committing suicide by telling her that her daughter, Ashley, needed her mother.

Gutierrez still stared.

Gutierrez didn't show emotion until her former neighbor, Mike Kokojan, took the stand and described the seconds after Marrero's death. The testimony contradicted Gutierrez's defense that she was ordered to pick up Marrero's gun.

Kokojan lived on the second floor above DeJesus and Gutierrez's home in the Crossings Apartments in Tampa.

Kokojan said that on July 6, 2001, he was walking out of his apartment when Gutierrez ran up and asked whether she could use his phone.

She was nervous, Kokojan said.

Seconds later, DeJesus ran up and snatched Kokojan's car keys.

``What's wrong?'' Kokojan said he yelled, running after DeJesus. Gutierrez followed.

Kokojan said he didn't know DeJesus and Gutierrez had robbed a bank and that police were closing in.

DeJesus ran to Kokojan's car, fumbling to unlock it, Kokojan said.

Marrero also ran to Kokojan's car. Without saying a word, DeJesus pulled a MAC- 11 handgun from his pants and started firing, Kokojan said. Two bullets hit Marrero in the neck, and she fell.

Kokojan also fell to the ground. He said he looked up at DeJesus, who stared down at him. There were several tense seconds before the two men broke their gaze.

Gutierrez was holding a 9 mm pistol, Kokojan said. It was Marrero's gun.

DeJesus never ordered Gutierrez to grab that gun, Kokojan testified. By his account, Gutierrez took the Glock semiautomatic from the dying officer's holster on her own initiative.

Gutierrez's defense attorney, DeeAnn Athan, had told the jury of six men and six women that Gutierrez followed DeJesus' orders to rob the bank and grab Marrero's gun because Gutierrez was afraid of her abusive boyfriend.

After Kokojan left the stand, Gutierrez covered her eyes with her hands and wept.

Jurors walked out of the courtroom and could see Gutierrez crying.

``She's suffering from PTSD - post-traumatic stress disorder,'' Athan said after the jury left.

Athan said the trauma of that day has left Gutierrez suffering from the same mental impairment as some Vietnam veterans.

To back up that claim, Athan plans to call two experts who interviewed Gutierrez - a psychiatrist and psychologist. Both are expected to testify about how Gutierrez was under the control of DeJesus.

By Athan's account, DeJesus raped, beat and threatened to kill Gutierrez. He forbade her to talk to others. He studied mind control and wanted to start a cult, defense and prosecutors said.

All of that adds up to a young woman who was under such duress, she was compelled to take part in the bank robbery with DeJesus, Athan told the jury.

Testimony continues today. The trial is expected to continue through the end of next week.

Reporter Joshua B. Good can be reached at (813) 259-7638.

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