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Two police officers and a bartender took the stand Tuesday afternoon to tell what they knew of a Jan. 21, 2000, robbery of a Milford man. The victim testified this morning and claimed that despite a high level of intoxication, he was not mistaken as to who his assailant was.
Arnol Joel Ortiz, 23, of Milford, is accused of robbery in the trial under way in Kosciusko Circuit Court. The Class B felony offense carries a maximum prison term of 20 years upon conviction.
While the trial was originally set for three days, Judge Rex Reed told jurors to expect the case to be wrapped up today.
During testimony Tuesday, Milford Deputy Marshal Rich Miotto told jurors of his investigation of the alleged robbery that left Edward Hart without his wallet and bleeding from his head.
Hart told police he was attacked and robbed in the early morning hours that day near the intersection of James and Catherine streets in Milford. Although it was dark and his glasses were knocked from his face, Hart said, he saw Ortiz' face during both attacks. Hart's pocket of his jeans was literally ripped from his pants, Miotto said. That pocket, as well as the neck of a broken beer bottle, a ratchet handle and Hart's hat and cigarette lighter also were found at the scene of the alleged crime.
Miotto spoke briefly to Hart at Goshen General Hospital, he testified, but Marshal Dave Hobbs actually interviewed Hart and obtained descriptions of the alleged assailants. Those descriptions led to Ortiz and Armando Javier Garza, 22, of Syracuse, as suspects in the case. Charges remain pending against Garza.
A blood test performed at the hospital indicated Hart's blood alcohol level two hours after the incident to be .296 percent.
Tom Waikel, a bartender at Bud's Bar in Milford, told jurors that Ortiz and Garza were in the establishment the night of the attack and were the only Hispanics there at closing time.
Miotto testified that Hart said his attackers were the Hispanic men in the bar with him.
When asked today if, due to the level of intoxication, he could be mistaken about his assailant, Hart replied that it was possible, but he believed he was telling the truth.
Descriptions of the men - including that Garza had a large tattoo on his stomach that said "GARZA" and showed it in the bar that night and that Ortiz had a mole or birthmark on his left cheek - were used during the police investigation and prior to questioning the men.
Ortiz's attorney argued outside the presence of the jury that his client was coerced into talking with police despite being in a noncustodial interview. David Kolbe said Ortiz didn't think he had a choice whether to go to the police station with Miotto when the officer showed up at Ortiz's residence at 12:30 a.m. March 10, 2000.
A request to suppress any information gained at the interview was denied. Reed said didn't see any evidence of coercion - that Miotto asked Ortiz to accompany him to the police station for questioning and he did so. Ortiz also signed a waiver of rights prior to the interview.
During Waikel's testimony, it was learned the bartender picked both Ortiz and Garza out of photo lineups, with six similar-looking men in each photo array.
When questioned during cross examination, Miotto admitted to Kolbe that he did not talk to Laurie Garza, Ortiz's fiancee, to find out whether Ortiz was at home the night of alleged attack. Kolbe previously filed notice of an alibi defense in the case.
