Sierra Tucson Eating Disorders Program Coordinator General A1 Communications Cable Techs Trades/Construction RANCHO RESORT MAINTANANCE POSITION Tucson RegionMistrial in Nogales ex-cop's caseJuror said he knows, doubts word of witness in sexual-assault trial
Arizona Daily Star
Tucson, Arizona | Published: 05.17.2008
A Santa Cruz County judge was forced to declare a mistrial Friday in the trial of a former Nogales police officer accused of sexually assaulting a 19-year-old woman.
The jurors deadlocked after a full day of deliberations in the Ramon Borbon case.
But more significantly, they told Superior Court Judge James Soto one jury member revealed during deliberations that he knew one of the witnesses and had reason to doubt the witness's truthfulness, said Assistant Attorney General Kim Ortiz.
The fact the juror knew the witness and discussed his doubts about the witness tainted the whole process, Ortiz said.
Jurors are provided a list of witnesses during the selection process and are expected to tell the court and the opposing attorneys if they know any of them.
It's unclear whether the juror will face any sanctions, said defense attorney Michael Storie.
As for Borbon, Ortiz said she expects to take him to trial again.
Borbon, 38, is charged with kidnapping and sexual assault in the alleged attack on the woman on Sept. 23, 2005.
Ortiz told jurors during opening arguments May 2 that Borbon was assigned to serve an order of protection on behalf of the woman, but instead attacked her inside her Nogales apartment.
The prosecutor also alleged Borbon has a history of inappropriate conduct with vulnerable teenage girls, and two of those girls testified during the trial.
Nogales police and Santa Cruz County sheriff's detectives dismissed many of the girls' complaints against Borbon, some of which were lodged before the rape allegation was made.
It wasn't until the Arizona Department of Public Safety investigated the rape case that Borbon was formally charged.
A subsequent investigation by DPS also resulted in criminal charges being filed in the case of a 16-year-old girl who says Borbon molested her. Borbon is awaiting trial in that case as well.
Storie told jurors none of the girls is credible and noted the 19-year-old woman filed a claim letter with the city of Nogales seeking $5 million.
Borbon began his career at the Nogales Police Department as a dispatcher in December 1988. The married father of three became an officer in May 1991 but resigned once the alleged rape was reported.
"We are disappointed there wasn't a verdict, but we are certainly ready and prepared to try this case again," Storie said.
● Contact reporter Kim Smith at 573-4241 or at kimsmith@azstarnet.com
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