Albuquerque Journal

Fourth trial against ex-jail guard begins

Former MDC officer accused of raping inmate in courthouse

- BY KATY BARNITZ JOURNAL STAFF WRITER

A fourth criminal trial started Monday for former jail guard Enock Arvizo, this time on charges that he raped a female inmate near a courthouse holding cell.

In an opening statement, prosecutor­s described a March 2015 sexual assault that took place in the 2nd Judicial District courthouse as the woman, wearing shackles and handcuffs, awaited a probation violation hearing.

Arvizo has been convicted in previous trials of attempting to kiss one inmate and raping another in a courthouse elevator. He resigned from the Metropolit­an Detention Center shortly after allegation­s were raised.

In her testimony Monday, the woman told jurors that another correction­s officer escorted her to the restroom as she awaited her court hearing. After returning to the courtroom, she realized she left important paperwork in the restroom. This time, she asked Arvizo to take her to retrieve it.

Arvizo, she said, led her into an area outside the courtroom with inmate holding cells and a restroom. There, she said, he kissed her and forced her to perform oral sex before raping her.

“I just was confused,” she said on the witness stand. “Like why is this happening to me? Out of all people, ... why me?”

Worried about possible retaliatio­n from other correction­s officers, she decided not to report the assault right away, she said. She was soon moved to another facility where she reported the assault to an attorney.

Arvizo’s defense lawyer argued in his opening statements that when the woman finally raised allegation­s against Arvizo, it was too late to gather any evidence, like courthouse video footage or a sexual assault examinatio­n.

“There simply is not enough evidence in this case to sustain a conviction,” he said.

Lane also questioned, as he has in previous trials, why the woman chose to report to an attorney known to sue institutio­ns like MDC.

Arvizo is charged with two counts of criminal sexual penetratio­n and one count of battery. His trial before District Judge Briana Zamora is expected to take two to three days.

Newspapers in English

Newspapers from United States