Justin Schecker
TUCSON (KGUN9-TV) - The trial
began today for a former Tucson Police officer accused of sexually assaulting a
woman while transporting her to the Pima County jail.
TPD fired 24-year-old Benjamin
Gaballa in August of last year after investigating claims he had inappropriate
contact with an inmate.
A month later after continuing its
investigation, police arrested Gaballa on charges of sexual abuse and sexual
assault.
Gaballa has pleaded not guilty.
During opening statements, Gaballa's defense
attorneys said they plan to call on a DNA forensic expert who will provide
evidence the sexual encounter never happened.
The former police officer sat in court
Wednesday and listened as prosecutors called on the now 29-year-old woman
accusing him of rape.
"I've been arrested other times and they
know I'm going to jail," she said. "They never put me in the car and
take me somewhere and took off my handcuffs, it never happened before."
Gaballa and another officer, who was the first
witness of the trial, responded to a domestic violence call at an apartment
complex near 1st Ave. and Prince on the morning of Aug. 20.
After verifying the woman had violated a court
order of protection, Gaballa handcuffed her and placed her in his patrol car.
She told the jury Gaballa made her an offer while driving away from the
apartment complex.
"You're looking at a lot of time,"
she said. "I know you don't want to go to jail for at least a year, almost
a year, so I said no i don't, and he was like well I can help you, something
for something."
She continued by saying Gaballa drove to a
parking garage at Grant and Campbell. After taking off her handcuffs, she says
Gaballa pressed up up against his cop car and raped her.
She ran and made it all the way to the road
before he took her into custody again, she said.
Before arresting him on the sex abuse charges
in September, the police department says it fired Gaballa on Aug. 22 for
falsifying a police report, mishandling evidence and lying to his supervisor.
Police say Gaballa lied about his location.
His statements about where he was after the apprehension on Aug. 22 did not
match up with his car's GPS tracker.
The trial continues Thursday morning.
