TAMPA -
Deciding how the law applied to the events of July 6, 2001, took the 12 jurors
six hours and 40 minutes over two days. In they end they decided Paula Gutierrez
was guilty of murder, armed robbery and armed burglary.
-- Tampa Tribune
TAMPA - It was
an emotional day for the mothers in the courtroom when Paula Gutierrez was found
guilty of first-degree murder for the slaying of Tampa Police Officer Lois
Marrero.
Seconds after the guilty verdict was read, Gutierrez’s mother, Melba Henao,
wailed as a bailiff led her from the courtroom.
Gutierrez, who said her motivation to live was her daughter, Ashley, covered
her face and cried. A jury found her guilty of murder, armed robbery and armed
burglary.
Gutierrez’s attorney, DeeAnn Athan, a mother of three girls, hugged
Gutierrez’s head.
After bailiffs led Gutierrez out of the courtroom, Marrero’s mother, Maria A.
Marrero, stood before a wall of cameras and reporters in the courtroom. Asked
how she felt, Maria Marrero said in Spanish, "Very good about the decision, but
very sad."
"I believe she really got what she deserved," Maria Marrero said of
Gutierrez.
After a moment of reflection and prompting from a reporter about Gutierrez
being a mother, she added, "I think of her because I am a mother."
Lois Marrero’s sister, Brenda Marrero, then stepped forward. She said the
difference is Gutierrez will be able to see her daughter. Maria Marrero will
never be able to see Lois Marrero again, Brenda Marrero said.
On June 24, Hillsborough Circuit Judge J. Rogers Padgett is scheduled to
sentence Gutierrez, 25. The only sentence possible is life in prison.
Athan said there are plenty of issues for appeal, including her contention
that Gutierrez should not be held responsible for Marrero’s death because
Gutierrez had made it to a safe haven following the July 6, 2001 bank robbery.
Gutierrez and her boyfriend, Nestor DeJesus, robbed a bank and then made it
home. Gutierrez showered and when DeJesus got a phone call from his mother that
police were looking for him, he and Gutierrez began to run again.
DeJesus shot and killed Marrero, then killed himself. But because Gutierrez
was an accomplice to the bank robbery, she was held responsible for the murder
under a law that allows accomplices in a felony to be charged with murder if
their partner kills someone during the crime or during the escape attempt.
Athan said she won’t handle the appeal herself. She is giving up her job as a
public defender to take on a more lucrative defense attorney job so she can pay
for her three girls’ college education, she said.
TAMPA - There
is a verdict in the Paula Gutierrez first-degree murder trial. Bailiffs called
the prosecution and defense into the courtroom.
-- Joshua B. Good , Tampa Tribune
TAMPA - Jurors
continued their deliberations Thursday morning after a bailiff wheeled in carts
of evidence in the Paula Gutierrez murder trial.
-- Joshua B. Good , Tampa Tribune
TAMPA - Jurors
failed to reach a verdict Wednesday after nearly five hours of deliberation in
the Paula Gutierrez murder trial. The jurors will return this morning to
continue. Gutierrez, 25, is charged with first-degree murder, armed robbery and
armed burglary in connection with the July 6, 2001, slaying of Tampa police
Officer Lois Marrero.
--
Tampa Tribune
TAMPA - Jurors
told Hillsborough Circuit Judge J. Rogers Padgett they want to go home for the
night and deliberate again Thursday morning. Padgett dismissed the jury for the
night. The jury will return at 9 a.m. Thursday.
-- Tampa Tribune
TAMPA - The
jury forewoman told Hillsborough Circuit Court Judge J. Rogers Padgett the jury
is "very close to a verdict."
Padgett called the jury in to see if they wanted to continue deliberating or
break for the night. The jury went back to the deliberation room to continue.
TAMPA -
Hillsborough Circuit Judge J. Rogers Padgett decided to bring jurors back into
the courtroom to ask them if they want to continue deliberating or break for the
night.
-- Joshua B. Good ,
Tampa Tribune
5/21/03 5:24:06 PM
TAMPA - Brenda
Marrero, the sister of slain Tampa police Officer Lois Marrero, said a juror did
not communicate with her during the closing arguments.
She said she saw a juror repeatedly waving, trying to get the attention of a
bailiff, but the bailiff didn’t see the juror. So Brenda Marrero got up from her
seat and told the bailiff one of the jurors was trying to get his attention. The
juror needed a bathroom break and Hillsborough Circuit Court Judge J. Rogers
Padgett called for a 20-minute break. Marrero said she never made eye contact
with the juror.
An earlier TBO.com courtroom update saying Brenda Marrero and a juror
communicated with each other was incorrect.
5/21/03 5:12:40 PM
TAMPA -
Hillsborough Circuit Judge J. Rogers Padgett told the jury they could not hear
Lisette Santiago’s entire testimony again. However, he said if the jurors wanted
to request a certain portion of Santiago’s testimony, they could ask. Jurors did
not ask to narrow her testimony.
Santiago is the mother of Nestor DeJesus. She testified she overheard DeJesus
and Paula Gutierrez talking about robbing a bank.
Jurors also asked if there was a second surveillance tape from inside the
apartment of Isaac Davis. After DeJesus shot and killed Tampa police Officer
Lois Marrero, he broke into Davis’ apartment. DeJesus and Gutierrez barricaded
themselves in the apartment. A police negotiator convinced DeJesus to accept a
police telephone that had two cameras hidden in it. Jurors saw videotape from
one camera, which showed DeJesus shooting and killing himself. The other camera
angle was also recorded, but was not played during the trial. Padgett told the
jurors they have that tape in the jury deliberation room.
TAMPA - One hour and 35 minutes into deliberations, jurors asked
if they can have the testimony of Lisette Santiago read back to them.
Santiago is the mother of Nestor DeJesus. She testified she
overheard DeJesus and Paula Gutierrez talking about robbing a bank. Bailiffs
called prosecutors and defense attorneys to come back to the courtroom before
they bring the jury into the courtroom to deal with the question. Hillsborough
Circuit Judge J. Rogers Padgett will have to rule if a court stenographer will
read the testimony back to the jury.
TAMPA - The jury leaves the courtroom to start its
deliberations.
-- Joshua B.
Good , Tampa Tribune
TAMPA - Prosecutor Jay Pruner picked up Paula Gutierrez’s wallet
and opened it for the jurors to see inside. He pulled out her credit cards from
Burdine’s, Circuit City, Target and Bank of America. He showed jurors her health
club card and a library card. On a payment slip, Gutierrez had written a note
"Post tonight," Pruner said.
Those small items refute Gutierrez’s contention that her
boyfriend, Nestor DeJesus, handled all the finances in the relationship, Pruner
said.
The real Gutierrez was in charge of more than finances. She also
was in control of DeJesus, Pruner claimed.
"She played him like a fiddle," Pruner said.
When DeJesus asked her to marry him, she said no. When Gutierrez
wanted to go home to New York City, against DeJesus’s wishes, she went, Pruner
said.
"Paula does what Paula wants to do when Paula wants to," Pruner
said.
He argued to jurors that Gutierrez and DeJesus planned the July 6,
2001 bank robbery together. DeJesus’s mother, Lisette Santiago, had testified
she heard them planning a bank robbery. Gutierrez purchased the gun used for the
bank robbery. The MAC-11, Pruner said, was an investment tool.
And during the holdup, Gutierrez stood in the bank in a spot where
she could cover DeJesus, the bank patrons and keep an eye on the front door,
Pruner said. All that showed a plan, not a meek woman blindly following her
boyfriend’s orders.
Then, after the slaying of Tampa police Officer Lois Marrero,
Gutierrez’s own words prove she was part of the planning of the bank robbery,
Pruner argued.
Gutierrez and DeJesus were holed up in the apartment of Isaac
Davis, who was being held against his will. Davis said he overheard a
conversation between them.
"You never told me this would happen," Davis testified he heard
DeJesus say. DeJesus continued, "This wasn’t supposed to happen."
"I know," Gutierrez responded, Davis testified.
"This is the real Paula Gutierrez," Pruner said, standing near an
enlarged photo of a smiling Gutierrez holding the MAC-11.
TAMPA - Jurors are about to hear instructions about the law from
Hillsborough Circuit Judge J. Rogers Padgett.
-- Joshua B. Good , Tampa Tribune
TAMPA - At the end of her closing, public defender DeeAnn Athan
looked at the courtroom packed with police officers.
"One of their own is dead, but she didn’t have anything to do with
it," Athan said, motioning to Paula Gutierrez. "She was as surprised as
anybody."
"Nestor DeJesus is Lois Marrero’s killer. She shouldn’t be the
sacrificial lamb because Nestor DeJesus took his own life and robbed us all of
the opportunity to get a cop killer in this courtroom," Athan said.
She asked jurors to find Gutierrez not guilty.
Prosecutor Jay Pruner then took the podium to deliver the second
half of his closing argument.
TAMPA - The judge took a 20-minute break after a juror indicated
she had to go to the bathroom.
The juror communicated with Brenda Marrero, Tampa police Officer
Lois Marrero’s sister. Brenda Marrero then told a bailiff. The interruption came
in the middle of public defender DeeAnn Athan’s closing argument.
TAMPA - Defense attorney DeeAnn Athan told jurors Paula Gutierrez
is not on trial for going back to her violent boyfriend, Nestor DeJesus.
Gutierrez’s decision to do whatever DeJesus told her was about
protecting herself and protecting others around her, Athan said. Even when she
held the MAC-11 in the Bank of America on July 6, 2001, her desire was to make
it through alive, and make sure bank patrons made it through the ordeal alive,
Athan argued.
"She knew what this guy was capable of," Athan said.
Athan showed jurors a photo of DeJesus as the devil. DeJesus
created the self-portrait and included his daughter, Ashley, at his feet. He
transposed Ashley’s birthday, 3-9-99, turned it upside down so the nines became
66-6, or the sign of the beast.
"Is there any question in your mind this man was sick, sick,
sick?" Athan said.
Athan argued that Gutierrez was not responsible for the crimes
because she did what DeJesus told her to stay alive.
TAMPA - Prosecutor Jay Pruner said, "On the morning of the
robbery they left their home with their bags packed, looking for a big score.
They needed money. They needed a lot of money."
He said after the bank robbery, Gutierrez and her boyfriend’s
escape attempt continued, even when they made it to their home at the Crossings
Apartments. Gutierrez showered, but was so rushed to get away, she didn’t put on
any underwear. Minutes later, Gutierrez’s boyfriend, Nestor DeJesus, shot and
killed Tampa police Officer Lois Marrero in the Crossings Apartment parking lot.
Now, defense attorney DeeAnn Athan addresses the jury.
TAMPA - Before opening arguments, prosecutors and defense
attorneys argued about jury instructions.
Defense attorneys wanted Hillsborough Circuit Judge J. Rogers
Padgett to instruct the jury that if an accomplice in a robbery makes it to a
safe haven after the holdup, then they are not responsible for any crime
committed after that by their partner in crime.
Prosecutors wanted wording about when the crime was over removed
from the jury instructions. Padgett said he would do neither.
The issue is important because Paula Gutierrez did not shoot Tampa
police Officer Lois Marrero. Her boyfriend, Nestor DeJesus, killed Marrero. The
shooting happened after Gutierrez and DeJesus allegedly robbed a bank and went
home. Gutierrez testified she took a shower and thought the crime was over. But
Marrero tracked them to their home at the Crossings Apartment and DeJesus shot
her in the parking lot. Jurors will have to decide if the escape attempt was
truly over or not.
TAMPA - Jurors will retire to a bare-walled room today to decide
the fate of Paula Gutierrez. Inside the room, they will have trays loaded with
evidence to look over, including: A form Gutierrez signed when she bought a 9 mm
MAC-11 handgun for her boyfriend, Nestor DeJesus.
-- Joshua B. Good , Tampa Tribune
The
defense and prosecution rested their cases Tuesday in the Paula Gutierrez
first-degree murder trial. Jurors will come back Wednesday to hear closing
arguments and deliberate.
--
Joshua B. Good , Tampa Tribune
Prosecutors brought in their own psychiatrist this morning to
counter testimony by Paula Gutierrez's psychiatrist.
Donald R. Taylor told
jurors this morning that Gutierrez had anxiety, depression and possibly suffered
from post-traumatic stress disorder.
Taylor's major difference with
Gutierrez's psychiatrist, Michael Maher, is that Taylor believes Gutierrez made
her own choices. Hew said her refusal to marry Nestor DeJesus proves she could
make decisions. And her decision not to kill herself, as DeJesus had told her to
do, is proof she makes her own decisions, Taylor said. DeJesus ordered her to
help him rob a bank on July 6, 2001, Gutierrez testified. After the holdup,
DeJesus shot and killed Tampa Police Officer Lois Marrero.
Gutierrez claims
she saw no other option but to obey DeJesus. Her defense is that she was under
duress and should not be held responsible for the bank holdup because she feared
DeJesus would kill her.
--
Joshua B. Good , Tampa Tribune
TAMPA - Paula Gutierrez's guilt or innocence comes down to one
word.
Choice.
On Monday, a forensic psychiatrist testified that Paula Gutierrez
believed she had no choice but to follow her boyfriend's every demand.
Prosecutors say otherwise.
TAMPA - Paula Gutierrez told her forensic psychiatrist she still
loves Nestor DeJesus. Michael Maher met with Gutierrez nine times. During those
interviews, she told him how DeJesus choked, beat and raped her. She told him
how DeJesus shot and killed Tampa police Officer Lois Marrero, then tried to
convince her to kill herself. DeJesus then committed suicide. Yet, Gutierrez
still loves him.
"This is a woman who still loves this man after he did everything
he could to get her to kill herself," Maher said. "A sick relationship."
Maher spent hours on the stand outlining why he believes Gutierrez
suffers from post traumatic stress disorder and major depression disorder.
The trial enters its 12th day Tuesday.
TAMPA - Paula Gutierrez’s forensic psychiatrist testifies there
are similarities between Gutierrez and some Vietnam veterans.
Michael Maher says Gutierrez suffers from post traumatic stress
disorder, like some of the veterans he has treated at the local Veteran’s
Administration hospital. Vietnam veterans recounted instances when they were in
heavy combat and they lost sight of the choices they had. They thought only of
their duty to stay with their unit and became numb to their feelings about life
and death, Maher says. Their only choice was to do what their commanders said.
Gutierrez, too, lost sight of her choices because her boyfriend,
Nestor DeJesus, repeatedly choked and beat her and told her he was going to kill
her, Maher says. Her only choice, Maher says, was to do exactly what DeJesus
said.
Maher used as an example Gutierrez following every order of
DeJesus during the July 3, 2001, flower shop robbery. Gutierrez said she only
took $45 out of the flower shop clerk’s purse and didn’t look for a cash
register. She was following DeJesus’s orders exactly, she said. He didn’t tell
her to look for a cash register.
"She wanted desperately to do anything he wanted to avoid him
doing violence to her, to himself and to anyone else," Maher says.
DeJesus and Gutierrez robbed a bank on July 6, 2001, according to
prosecutors. After the holdup, DeJesus shot and killed Tampa Police Officer Lois
Marrero, then killed himself. Gutierrez is on trial for first-degree murder,
robbery and armed burglary. Her defense is that she had to do exactly what
DeJesus said or he would hurt or kill her.
TAMPA - Michael Maher, a forensic psychiatrist, tells jurors
Paula Gutierrez suffers from post traumatic stress disorder and major depression
disorder.
Maher is on the stand talking about the nine times he evaluated
Gutierrez following her July 6, 2001, arrest for the murder of Tampa police
Officer Lois Marrero.
TAMPA - Michael Maher, a forensic psychiatrist, tells jurors
Paula Gutierrez suffers from post traumatic stress disorder and major depression
disorder.
Maher is on the stand talking about the nine times he evaluated
Gutierrez following her July 6, 2001, arrest for the murder of Tampa police
Officer Lois Marrero.
TAMPA - Paula Gutierrez admitted Nestor DeJesus never beat her or
threatened her before the flower shop holdup. He didn’t beat or threaten her
before the bank robbery three days later, either, Gutierrez testified.
The threat, she said, came from years of abuse. She knew to do
what he said, or he would get angry. When he asked her to do something, and
really meant it, he gave her a look, she said. He gave her that look before the
July 3, 2001, flower shop holdup and the bank robbery three days later, she
said.
"It was the look, that’s all it took," Gutierrez testified.
Prosecutor Jay Pruner asked Gutierrez why she lied to police three
times about the flower shop robbery. Gutierrez said she didn’t know why, other
than being confused. Pruner asked if perhaps she wanted police to believe that
she had no idea what was going on when she and Nestor DeJesus went to rob the
Bank of America. Admitting to the flower shop holdup would tell the detectives
she had a good idea what was going to happen the day of the bank robbery.
Gutierrez said that wasn’t her reason. Eventually, she confessed to police about
the flower shop holdup.
TAMPA - Catherine Haddad, a south Tampa flower shop worker,
testified this morning about being robbed by Nestor DeJesus and Paula Gutierrez
on July 3, 2001.
That holdup was three days before the Bank of America robbery that
led to the slaying of Tampa police Officer Lois Marrero. Haddad said DeJesus and
Gutierrez posed as customers. Haddad said DeJesus followed her into the flower
shop cooler, then ordered her to the floor. He demanded she turn over keys to a
car parked in front of Flowers by Patricia at 620 S. MacDill.
"I don’t have the keys," Haddad remembers saying.
"I’m gonna kill you. Give me the keys," DeJesus said. "You want to
kill me? Kill me. I don’t have the keys," Haddad said.
Haddad said Gutierrez took $85 or $90 out of her purse and the
couple began to leave. She said DeJesus told Haddad he had her driver’s license
and would hunt her down and blow her up is she called police. Haddad said
DeJesus was in charge the whole time.
TAMPA - Prosecutors found themselves in the ironic position of
arguing against fully disclosing the violent history of Nestor DeJesus, the man
who killed Tampa police Officer Lois Marrero.
DeJesus’s girlfriend, Paula Gutierrez, is on trial for Marrero’s
murder, although DeJesus is the one who shot and killed Marrero, then killed
himself.
This morning, prosecutor Jay Pruner argued against letting jurors
hear about how DeJesus beat another girlfriend in a similar way he beat
Gutierrez.
Hillsborough Circuit Judge J. Rogers Padgett ruled this morning
that the jury could not hear about her. Defense attorneys, DeeAnn Athan and
Deborah Goins also want jurors to hear about a New York City police report where
DeJesus was accused of beating two women in 1996. Padgett ruled jurors could
only hear a little bit about that case. Usually, prosecutors try to get as much
damaging information about a cop killer before the jury. Gutierrez’s defense
strategy is to show how controlling and brutal DeJesus was to show she
participated in his crimes out of fear. At times during the trial, Pruner has
tried to portray DeJesus as a hard-working man who provided for Gutierrez.
TAMPA - Jurors heard surprise evidence Friday that Paula
Gutierrez and her boyfriend robbed a Tampa flower shop three days before robbing
a bank. The unexpected revelation came from Gutierrez in a taped confession she
gave to police about the holdup of the Flowers by Patricia store.
TAMPA - Testimony concluded Friday. The trial resumes Monday.
-- Tampa Tribune
TAMPA - Prosecutors played a tape recording of Paula Gutierrez
confessing to robbing the Flowers by Patricia store.
The July 3, 2001, holdup was three days before Gutierrez and her
boyfriend allegedly robbed the Bank of America on south Church Street. After the
bank robbery, Gutierrez’s boyfriend, Nestor DeJesus, shot and killed Tampa
police Officer Lois Marerro.
Prosecutors introduced the evidence to refute Gutierrez’s
contention that she was afraid DeJesus would hurt her or kill her if she didn’t
take part in the bank robbery. Hillsborough State Attorney Mark Ober argued that
DeJesus did not hurt her even though she didn’t do very well during the flower
shop robbery. DeJesus and Gutierrez only got $90 from the flower shop robbery,
according to a police report.
On the tape, Gutierrez said DeJesus tied up the flower shop
worker, Catherine Haddad. Haddad told police the man who robbed her threatened
to kill her, according to a police report. Ober stared at jurors as they
listened to the tape. The jurors read a transcript of the confession as the tape
was played.
TAMPA - Hillsborough Circuit Judge J. Roger Padgett gave Paula
Gutierrez’s attorney until 12:30 p.m. to prepare for testimony about the flower
shop robbery.
DeeAnn Athan told Padgett she needed until next week to prepare
for the unexpected testimony about a July 3, 2001, robbery where Nestor DeJesus
and Gutierrez allegedly robbed a flower shop.
That holdup was three days before the Bank of America holdup and
slaying of Tampa police Officer Lois Marrero. Originally, Padgett ruled jurors
would not hear about the previous holdup. The trial will continue at 12:30 p.m.
TAMPA - The jury will hear evidence Paula Gutierrez and Nestor
DeJesus robbed a flower shop three days before the bank robbery and the slaying
of Tampa Police Officer Lois Marrero.
Hillsborough Circuit Judge J. Rogers Padgett changed his mind
Friday and decided to let in the evidence. On Thursday, he said the jury
wouldn’t hear about the previous robbery.
"Well, I don’t want to keep this jury in the dark," Padgett said.
On July 3, 2001, DeJesus and Gutierrez robbed a flower shop, said
Hillsborough State Attorney Mark Ober. During the holdup, Gutierrez followed all
of DeJesus’s instructions, said her attorney, DeeAnn Athan.
Ober argued the flower shop robbery proves Gutierrez was not in
danger of being beaten or killed by DeJesus. There were three days between the
flower shop robbery and the bank robbery, Ober said. Gutierrez could have done
numerous things during that time to get to safety, Ober argued. The introduction
of the flower shop holdup will likely extend the length of the trial, which is
already in its 10th day.
TAMPA - Testimony ended early Thursday in the first-degree murder
trial of Paula Gutierrez. Hillsborough Circuit Judge J. Rogers Padgett told
jurors testimony will likely end Friday and they will likely begin deliberating
Monday.
-- Joshua B. Good ,
Tampa Tribune
TAMPA - Even Paula Gutierrez’s father feared Nestor DeJesus.
Luis Gutierrez, of New York City, described visiting his daughter
and DeJesus. Luis Gutierrez brought his youngest daughter, Stephanie, on the
trip in July of 2000. During a trip to the beach, DeJesus splashed water on
Paula Gutierrez and their daughter, Ashley, who were on top of a plastic,
inflatable raft. DeJesus became enraged when Paula Gutierrez asked him to stop.
DeJesus popped the raft, then told everyone that they were going
back to their apartment in Tampa, Luis Gutierrez testified. At the apartment,
DeJesus attacked Paula Gutierrez, saying he was going to kill her and choked
her, Luis Gutierrez testified. "My first reaction was to be scared," Luis
Gutierrez said through an interpreter. "Chino was a big man, he worked out. I
didn’t know how to react." After the attack, Luis Gutierrez found a phone number
of a service for abused women and gave it to his daughter, he testified.
Henao said DeJesus called her and told her he was sending an
email. When she opened it, there was a picture of DeJesus in a black suit, red
shirt, with red eyes and surrounded by flames. At his feet was the ghostly image
of his daughter, Ashley. DeJesus had created the photo using an image cut out
from a magazine. He replaced the original image’s face with his own using
Photoshop software. "I told him I wanted no contact with the devil," Henao
testified.
TAMPA - Nestor DeJesus
emailed a picture of himself as the devil to his girlfriend’s mother, Melba
Henao, she testified.
![]()

Nestor DeJesus
in altered photo.
TAMPA - Melba Henao, Paula Gutierrez’s mother, takes the stand
and tells the jurors she didn’t like Nestor DeJesus from the start.
Henao says the first time Gutierrez and DeJesus went on a date,
Gutierrez spent the entire weekend, against her parents’ wishes. Gutierrez was
16. Henao and her husband, Luis Gutierrez, found their daughter.
“I told her not to get together with him that we have a good
family,” Henao says, through a Spanish-speaking interpreter. Henao continues,
telling jurors about times DeJesus threatened to kill her family and an incident
where DeJesus choked Gutierrez.
TAMPA - Paula Gutierrez’s younger sister, Luisa Gutierrez, takes
the stand and talks about witnessing the violence of Nestor DeJesus. Luisa
Gutierrez said she saw DeJesus choke Paula Gutierrez and she saw him beat up a
boy at a family Thanksgiving dinner.
-- Joshua B. Good , Tampa Tribune
TAMPA - Paula Gutierrez’s three days of testimony ends. The
defense calls Gutierrez’s younger sister, Luisa Gutierrez.
-- Joshua B. Good , Tampa Tribune
TAMPA - Judge J. Rogers Padgett will not allow evidence about
Paula Gutierrez taking part in the robbery of a flower shop
holdup.
-- Tampa Tribune
TAMPA - Prosecutors want to bring in evidence Paula Gutierrez and
her boyfriend, Nestor DeJesus, robbed a flower shop three days before the bank
robbery that led to the slaying of Tampa police Officer Lois Marrero.
Gutierrez is not on trial for the previous holdup. But during her
testimony, she told the jurors she didn’t know she and DeJesus were going to rob
the Bank of America until they were in the parking lot of the bank.
Prosecutors want to tell the jury about the previous robbery to
show she knew they were going to do another robbery when DeJesus woke her up on
July 6, 2001. Gutierrez’s public defender, DeeAnn Athan, said if the previous
holdup is presented to the jury "I might as well pack up and go home."
She said if the state had charged Gutierrez with the previous
robbery, then her defense would still be that Gutierrez was afraid DeJesus would
hurt or kill her if she didn’t take part in the flower shop robbery, which is
the same defense in the bank robbery. But to bring in the flower shop robbery
now would lead the jury to believe they had been deceived, Athan said.
Hillsborough Circuit Court J. Rogers Padgett is deciding whether to let it in.
"It’s bombshell evidence, no doubt about it," Padgett said.
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.
TAMPA - Paula Gutierrez was calm on the stand during the cross
examination Wednesday. Prosecutor Jay Pruner again and again attempted to trip
her up. At one point he caught her in a contradiction about when she knew the
bank robbery would happen. He also caught her in a contradiction about when
Nestor DeJesus grabbed the gun he used to kill Tampa police Officer Lois
Marrero.
But for the most part, she was cool under severe pressure from the
veteran prosecutor, who has worked at the Hillsborough State Attorney’s Office
for 16 years. She answered questions on how many times she went back to DeJesus,
though he was abusive. She also admitted DeJesus never verbally or physically
threatened her on the day of the bank robbery, July 6, 2001. Her most damaging
admissions came at the end of Wednesday’s testimony when she admitted trying to
get away from Marrero when Marrero confronted DeJesus at the Crossings
Apartments.
Her testimony continues Thursday.
TAMPA - Prosecutor Jay Pruner led Paula Gutierrez through the
young woman’s life story, emphasizing the points where she made the choice of
staying with Nestor DeJesus.
She admitted calling police and security guards on DeJesus three
times. She admitted breaking up with him. She admitted rejecting his advances
over a four-year period. She admitted contacting him again after another boy
dumped her.
"You had the strength and ability to decide to reject Nestor
DeJesus overtures during those years, didn’t you?" Pruner asked.
"Yes," Gutierrez answered meekly.
Pruner was laying the groundwork for his argument that Gutierrez
robbed the bank with DeJesus and did it out of her own free will. Gutierrez’s
attorney, DeeAnn Athan, wants jurors to believe Gutierrez was in fear for her
life and felt she had to rob the bank or would be killed by DeJesus.
TAMPA - After her arrest for murder, Paula Gutierrez said she
started hearing demon’s voices and gospel music in jail.
"There were demons laughing at me, shaking my mattress. They
wouldn’t let me sleep," Gutierrez testified. Gutierrez said a jail doctor gave
her medication, which chased away the demons for a short time. But when she
watched TV, she saw flames.
After her revelation, prosecutor Jay Pruner began the cross
examination.
TAMPA - After the bank robbery went bad and a cop was dead, Paula
Gutierrez and Nestor DeJesus made a suicide pact. They sealed it with a kiss.
The kiss was recorded on a secret police surveillance videotape
captured with a camera hidden in a police phone. DeJesus and Gutierrez were
holed up in an apartment with a hostage. DeJesus told his girlfriend the only
way out was to kill themselves, Gutierrez testified.
He pointed his MAC-11 handgun at his chin. Gutierrez pointed a 9
mm Glock pistol at her chin. She had taken the gun from Tampa police Officer
Lois Marrero. She screamed and told DeJesus she couldn’t do it. DeJesus went
ahead and killed himself.
"Why didn’t you kill yourself, Paula?" public defender DeeAnn
Athan asked Gutierrez.
"I couldn’t stop thinking of Ashley (her daughter)," Gutierrez
said. "And my mother said she was going to send angels to get me. I just
couldn’t do it."
Gutierrez surrendered to police. She is on trial for Marrero’s
slaying, although DeJesus was the killer.
TAMPA - On the stand Paula Gutierrez described the moment Tampa
police Officer Lois Marrero was shot and killed.
Her boyfriend, Nestor DeJesus, was trying to steal a car to get
away from Marrero. DeJesus had a MAC-11 handgun tucked in his waistband.
Gutierrez said Marrero had her gun drawn. DeJesus pulled out his firearm.
"Put your gun down or I’m gonna shoot," Gutierrez remembered
Marrero saying. Marrero paused. DeJesus fired, hitting Marrero twice.
"And she looked at me and I looked at her and it was just me and
her at that moment," Gutierrez said. "And it was like ‘Why? Why are you doing
this?’" Gutierrez said.
She said Marrero stumbled a few feet.
"We just kept eye contact," Gutierrez said. "We were still looking
at each other. And she falls."
Gutierrez, tears streaming down her face, paused and took several
deep breaths.
"And she started bleeding all over the place. She was dying,"
Gutierrez said.
Gutierrez said DeJesus ordered her to grab Marrero’s gun. She did,
and they fled to an upstairs apartment and took Isaac Davis hostage.
Hillsborough Circuit Judge J. Rogers Padgett broke for lunch.
Gutierrez’s testimony will continue at 1:30 p.m.
TAMPA - Following a 30-minute break in testimony, public defender
DeeAnn Athan snapped a necklace and cross on Paula Gutierrez, who is Catholic.
The jury re-entered the courtroom and Athan asked Gutierrez about Nestor
DeJesus’s religious beliefs.
"He was an atheist," Gutierrez said. "He said I was stupid for
believing." Gutierrez said she and DeJesus sometimes argued about religion. "He
said religion was something the government used to control people," Gutierrez
said. "I started believing him."
TAMPA - Nestor DeJesus got caught shoplifting at Macy’s in New
York City and went to jail, Paula Gutierrez testified.
DeJesus got fired from his job and he told Gutierrez they were
moving to Florida. She said she didn’t want to go, but believed she had to
because they had a child together. In Florida, Gutierrez was depressed.
"When you’re depressed it’s like you’re in a pit and you can’t get
out. I was giving up," Gutierrez said.
DeJesus continued to isolate her from neighbors and her family,
Gutierrez testified. He became enraged if she looked at neighbors who greeted
her. When her father and sister came to visit, DeJesus fought with her openly
and choked her in front of her father. Her father did not stick up for her and
left for New York City, she said. She felt stuck. If she left DeJesus and
returned to New York, she believed DeJesus would follow.
"He would go back and kill us all," she told jurors.
TAMPA - Three or four months into her pregnancy, Paula Gutierrez
started showing. Her boyfriend, Nestor DeJesus, took her to a movie one night,
but he was looking at other young women. Gutierrez accused him of being
disrespectful. She was sensitive about how she looked. He called her a bitch and
the two left the movie theater, she said.
During the subway ride home, DeJesus pulled out a pocketknife and
held it to her belly, she said.
"He told me if I wasn’t pregnant he would kill me," Gutierrez
said. "I was terrified. I was shaking. I was just praying he wouldn’t kill me."
Minutes later, DeJesus told her he loved her.
TAMPA – Paula Gutierrez began a second day of testimony Wednesday
morning with details of her pregnancy and how Nestor DeJesus treated her.
"He treated me good in the beginning. He didn’t scream at me. He
didn’t hit me," Gutierrez testified.
But when she started showing, DeJesus changed, she said.
TAMPA - Paula Gutierrez took the stand Tuesday, detailing her
twisted teenage relationship with the man who the defense says intimidated her
into helping him rob a bank and being present when he killed a police
officer.
-- Tampa Tribune
TAMPA - Paula Gutierrez said she had an on-again, off-again
relationship with a violent Nestor DeJesus for years. Then in June of 1998, she
discovered she was pregnant by DeJesus, although he had told her he was sterile.
"I felt trapped," Gutierrez said. On Wednesday, Gutierrez is
expected to continue telling jurors about her life with the man who killed Tampa
police Officer Lois Marrero.
TAMPA - Paula Gutierrez told jurors about her relationship with
Nestor DeJesus. From the start, he was sweet. But in a short time, he began to
be possessive.
He showed up at her high school in a Queens neighborhood of New
York City and accused her of flirting with other high school boys, Gutierrez
testified. He visited for Thanksgiving in 1993, and after dinner popped a razor
blade into his mouth.
"You want to leave me?" he asked, and ran into a bathroom and
began slitting his wrists.
The confrontation ended when DeJesus beat up another teenager at
the Gutierrez home. Cops came and took him away, Gutierrez said, but didn’t
arrest him.
Another time he choked her in front of a Chinese video rental shop
and smacked her on a subway in front of numerous people, Gutierrez testified.
She repeatedly broke up with him, but repeatedly dated him again either because
he was nice to her or because she was afraid he would hurt her, she testified.
TAMPA - Paula Gutierrez takes the stand.
-- Tampa Tribune
TAMPA - The defense called the mother of Nestor DeJesus to help
its case, but Lisette Santiago provided some of the most damaging testimony
against Paula Gutierrez when she said Gutierrez sometimes talked about robbing a
bank with DeJesus.
The suprising testimony sent public defender DeeAnn Athan into a
fit. She yelled at Santiago, asking her why she never provided this information
before during five hours of pretrial depositions. "It was Nestor who talked
about robbing the bank, not Paula, right?" Athan asked. "No, they both did,"
Santiago said. Athan slammed down two thick transcripts of Santiago’s
depositions and yelled, "I have no further questions for this witness!"
Athan had called Santiago to talk about how DeJesus brutalized
Gutierrez. But Santiago told jurors about the two sides of her son. He once
kicked down a bedroom door and slapped Gutierrez in their Tampa apartment,
Santiago said. Santiago bought Gutierrez a plane ticket and sent her to New York
City to be with her family. But DeJesus also provided for his girlfriend and
their daughter, Ashley. He bought Gutierrez a Nissan Xterra and a membership to
a gym, Santiago testified.
TAMPA - Jurors may never hear from a young woman who was beaten
and demoralized by Nestor DeJesus in the same way Paula Gutierrez says she was
brutalized by her boyfriend.
April Hildreth, 23, testified without the jury present. She said
she moved in and lived with DeJesus when she was 15. Soon after she moved he
began to beat her, once tricked her into having sex with his friend so he could
beat her. He told her there were two ways she would leave him.
"The only way I was leaving was if I went back to HRS or I was
leaving in a body bag," Hildreth tearfully testified. Public defender DeeAnn
Athan showed Hildreth a picture of Gutierrez holding the MAC-11 that was later
used to kill Tampa police Officer Lois Marrero. Gutierrez smiled in the photo.
"Would you have taken a picture like this for Nestor DeJesus?" Athan asked.
"Yeah," Hildreth said. "Why?" "Because he told me to," Hildreth responded.
Athan wants the jury to hear from Hildreth, but Hillsborough
Circuit Judge J. Rogers Padgett said he doubted they could, but would see how
the testimony goes before he decides.
TAMPA - The man who took a deposit from Paula Gutierrez tried to
talk her and Nestor DeJesus out of buying a MAC-11 handgun.
A MAC-11 "is mostly something somebody wants to play Rambo with,"
Leon Wynne testified Tuesday. Wynne is a former employee of University Gun and
Pawn.
Wynne told the jury the only good thing about a MAC-11 was it’s
high-capacity magazine, which held 30 rounds of 9 mm ammunition.
Wynne said he handed the weapon to Gutierrez, but DeJesus handled
it. DeJesus worked the slide, then said "Fine."
Gutierrez gave Wynne a $100 bill as a deposit.
Wynne said it was apparent DeJesus was in charge.
Days later, Wynne testified, Gutierrez came back with DeJesus and
paid for the gun that allegedly was used in a bank robbery and to kill Tampa
Police Officer Lois Marrero.
TAMPA - A Lindell car dealership salesman testified Tuesday that
he saw Tampa Police Officer Lois Marrero pointing her gun at Nestor DeJesus
seconds before DeJesus shot and killed her.
Cary Forney’s testimony contradicted previous testimony where
witnesses said Marrero never un-holstered her gun. Forney said after DeJesus
shot her, he saw DeJesus run into a breezeway. Forney also saw a female figure
standing in the breezeway pacing.
Forney was the third witness for the defense.
TAMPA - The first defense witness, Tampa Police Officer David
Shepler, said he saw Nestor DeJesus grab Paula Gutierrez around the neck and use
her as a human shield during a shootout in testimony Tuesday.
Shepler responded to Tampa Police Officer Lois Marrero’s calls for
help that day. Shepler testified he heard the shots that killed Marrero and saw
her lying in a pool of blood.
The officer looked at DeJesus and shot it out with him, then
chased DeJesus into the Crossings Apartments, Shepler said.
DeJesus ran up to the second floor landing. Shepler aimed and was
about to fire when DeJesus grabbed Gutierrez around the neck and held her in
front of him, Shepler said.
The officer held his fire.
DeJesus later killed himself. Gutierrez is on trial for Marrero’s
murder.
TAMPA - Public defender DeeAnn Athan attempted to get the murder
charge against her client, Paula Gutierrez, dismissed based on the argument that
the flight from the bank robbery was over when the killing occurred.
Though she didn’t pull the trigger, Gutierrez is on trial for the
murder of Tampa police Officer Lois Marrero. She was charged as an accomplice
under a law that allows robbers to be charged with murder if a partner kills
someone during the holdup or while trying to get away.
Gutierrez and her boyfriend, Nestor DeJesus, had made it to their
apartment after the holdup. Later, they were confronted outside their apartment
by Marrero and DeJesus shot and killed her. Athan said making it to the
apartment ended the flight.
Hillsborough Circuit Judge J. Rogers Padgett ruled against Athan,
saying it’s up to the jury to decide if DeJesus and Gutierrez were still on the
run when Marrero was shot and killed. The defense started its case, calling a
Tampa police officer who was involved in the search for the bank robbers.
TAMPA - The prosecution rested its case this morning against
Paula Gutierrez, accused of murder in the slaying of Tampa police Officer Lois
Marrero.
The last state witness was a University Gun and Pawn shop worker
who sold a MAC-11 9 mm semi-automatic handgun to Gutierrez. Her boyfriend,
Nestor DeJesus, used that gun to shoot and kill Marrero. About 30 witnesses
testified for the state during five days of testimony.
Gutierrez’s public defender, DeeAnn Athan, began her argument
trying to convince Hillsborough Circuit Judge J. Rogers Padgett to dismiss the
charges of murder, armed robbery and armed burglary.
TAMPA - Before she robbed a bank with her boyfriend, Paula
Gutierrez told investigators, she thought about her daughter, Ashley.
After the robbery, with a police officer and her boyfriend dead,
Gutierrez said she was faced with a decision: kill herself or surrender.
She thought about Ashley again and chose life.
--
Tampa Tribune
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