Tampa Tribune
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Testimony Paints DeJesus As Demon

May 15, 2003
 
TAMPA - On Wednesday, jurors in the Paula Gutierrez murder trial were shown a haunting self-portrait of the man she says manipulated her into robbing a bank before he shot Tampa police Officer Lois Marrero.

Using a software program, Nestor DeJesus had superimposed his face on a picture of the devil. In the picture, DeJesus, surrounded by flames, has red glowing eyes, red horns and a red shirt. His daughter, Ashley Gutierrez is standing at his feet.

Public Defender DeeAnn Athan held up the photo to help convince the 12 jurors DeJesus was a controlling and violent man who terrorized Gutierrez to the point she no longer had control of her life.

Gutierrez, 25, is on trial for first-degree murder. She testified that she and DeJesus robbed a bank July 6, 2001.

After the holdup and shooting, the couple took over an apartment and held a man hostage before DeJesus shot himself in the head with a 9 mm firearm, police say. Gutierrez surrendered to police.

Because she is accused in the holdup, Gutierrez is on trial for Marrero's slaying. Her defense is that she feared DeJesus would hurt or kill her if she didn't help him with the robbery.

The photo capped two days of Gutierrez's testimony in which the defendant described how DeJesus beat her, choked her, threatened to kill her and her family, raped her and once held a knife to her belly when she was pregnant with their daughter.

Gutierrez said DeJesus mentally abused her, too, and at times tried to convince her he had never hit her, though she knew it was true. He also denigrated her religious beliefs, she said. She is Catholic.

``He was atheist,'' Gutierrez said. ``He said I was stupid for believing. ... He said religion was something the government used to control people.''

Gutierrez also talked about times when DeJesus was kind to her. After a beating, he sometimes would say he was sorry and he loved her, she testified. He paid the bills when they lived together. He bought her a Nissan Xterra. He paid for her gym membership.

``The good side I loved; the bad side I hated,'' Gutierrez testified.

She said she began to learn that whenever Gutierrez ordered her to do something, to do it. To contradict him meant getting a beating, she said.

But when Athan asked Gutierrez if DeJesus had forced her into the bank, she said, ``Basically, he didn't.''

On cross-examination, prosecutor Jay Pruner led Gutierrez through points in her life when she made choices to leave DeJesus, call the police or confront him.

Gutierrez was not a puppet, Pruner argued. She did exactly what she wanted.

Pruner led Gutierrez through the day of the holdup.

Gutierrez told jurors she didn't want to rob the bank but was afraid of defying DeJesus. She said she held the MAC-11 9 mm firearm during the holdup and told bank customers lying on the floor to keep their faces down.

Pruner asked her if DeJesus threatened to kill her that day.

He hadn't, Gutierrez said.

Pruner asked if DeJesus beat her that day.

He hadn't, she said.

``I just did whatever he said,'' Gutierrez testified.

Gutierrez said after she was jailed, she began to hallucinate. She said she heard a demon's voice and gospel music. The voice grew louder day by day, she said, and eventually she came to hear it as the voice of DeJesus. He apologized to her for what he did, she said.

The voices continued at night, she said.

``There were demons laughing at me, shaking my mattress. They wouldn't let me sleep,'' Gutierrez testified.

She continued hearing the voices until a doctor gave her medicine, she said.

Athan plans to call a psychiatrist and psychologist to the stand once Gutierrez's testimony ends.

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