The unexpected revelation came from Gutierrez in a taped confession she gave to police about the holdup of the Flowers by Patricia store.

Thursday, Hillsborough Circuit Court Judge J. Rogers Padgett ruled jurors would not hear about the holdup. Friday, he changed his mind.

``Well, I don't want to keep this jury in the dark,'' Padgett said.

He said he changed his mind because he thought evidence about the flower shop holdup would help jurors decide if Gutierrez's defense of duress is valid. Gutierrez claims her boyfriend, Nestor ``Chino'' DeJesus, forced her to rob the Bank of America at 1501 S. Church St. on July 6, 2001. She said she feared he would beat or kill her if she didn't help him.

After the bank robbery, DeJesus shot and killed Tampa police Officer Lois Marrero, and then killed himself. Gutierrez, 25, is charged with murder in Marrero's death under the theory that she was an accomplice to the holdup and responsible for any crime committed during the robbery or escape attempt.

In her confession to police about the bank robbery, Gutierrez never mentioned being afraid DeJesus would hurt or kill her.

And during her confession about the flower shop holdup, she didn't mention being afraid of DeJesus, either.

The motive, she said, was money, according to her taped confession.

``Chino and I. We needed money. So we didn't know where to go. We went to the flower shop,'' Gutierrez said in her confession.

In the holdup of the shop at South MacDill and Swann avenues, DeJesus held the MAC-11 9 mm gun and Gutierrez went through the purse of clerk Catherine Haddad, who was 52 at the time, according to Gutierrez's confession and a police report. She said DeJesus ordered her to get the purse.

DeJesus tied up Haddad with duct tape, Gutierrez said. Gutierrez said the robbery netted them $45. Haddad reported $90 was stolen.

Later, DeJesus decided Gutierrez would hold the gun in the bank robbery and he would get the money because Gutierrez had done a bad job finding money in the flower shop robbery, Hillsborough State Attorney Mark Ober said.

DeJesus did not punish Gutierrez for doing a poor job in the flower shop holdup, which proves Gutierrez's duress defense is invalid, Ober argued.

Gutierrez's public defender, DeeAnn Athan, told Padgett on Thursday that if he allowed evidence about the flower shop holdup to be presented this late in the trial, jurors would feel deceived and punish Gutierrez.

``I might as well pack up and go home,'' Athan said Thursday.

But now she plans to argue that Gutierrez helped in the flower shop robbery because she was afraid of DeJesus.

The trial continues Monday.

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

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