Rape detective defends self on stand

Investigated case of deputy allegedly attacked by another
2010-02-20T00:00:00Z Rape detective defends self on standKim Smith Arizona Daily Star Arizona Daily Star
February 20, 2010 12:00 am  • 

The Tucson police detective who investigated the alleged rape of a Pima County sheriff's deputy spent much of Friday defending herself to the prosecutor trying the alleged attacker, another deputy.

In January 2009, a sheriff's deputy told Tucson police detectives a colleague and friend, Deputy Michael Canizales, raped and sodomized her at her east-side Tucson home after sharing drinks at a bar.

Prosecutors and police typically work as a team. But in this case, although TPD detectives decided there was no "probable cause" to arrest Canizales, Pima County Attorney's Office took the case to a grand jury, which indicted on multiple sexual-assault counts.

Detective Mary Marquez testified she interviewed the woman, whom the Star is not identifying as a sex-crime victim, at one hospital, then drove her to Tucson Medical Center for a sexual-assault examination.

She told her supervisors the woman did not want to prosecute Canizales, but they advised her to continue her investigation. After interviewing the woman's daughter and best friend, Marquez said, she was told to stop investigating.

During questioning by defense attorney Michael Storie, Marquez said the woman chose not to call Canizales to confront him while detectives listened and did not cry when she related her story.

Marquez denied badgering the woman.

But when questioned by Deputy Pima County Attorney Susan Eazer, Marquez acknowledged she asked some questions repeatedly, told the woman some things "obviously" couldn't have happened the way she described them, and often spoke over her when the woman became emotional.

After the victim described being held face-down and violently assaulted, Marquez asked her, "What were you doing while he's doing all of this?"

And when she said Canizales didn't seem to realize he'd raped her, Marquez responds, "But, you didn't tell him. How is he supposed to know?" On the taped interview, the woman can be heard crying and saying she told him "No" and to stop.

Marquez pointed out on the tape, "And you said a couple of other things, too, like 'Let's go to my bedroom.' " The woman had earlier told jurors she hoped to escape Canizales by distracting him and suggesting they leave the living room for her bedroom.

Eazer repeatedly asked Marquez if she thought she was being compassionate and appropriate during the interview, and Marquez said yes. She said she was only asking questions she thought would be brought up by defense attorneys, and that she sometimes has to be harsh.

When Eazer asked if it was possible the woman didn't cry because she had already been interviewed several times, Marquez said she wouldn't know.

When pressed, the detective acknowledged it's not unusual for victims to refuse to make a confrontation call to their alleged attacker. Nor is it unusual to delay reporting an attack, like the woman in the Canizales case.

The detective also admitted she did not look at the alleged victim's injuries or have them photographed, which is the normal practice, and noted she thought it "odd" the woman took her own photos.

The trial is expected to continue Monday in Judge Terry Chandler's courtroom in Pima County Superior Court.

Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com

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