CSI investigator takes stand in trial of ex-HPD officer accused of raping woman

  Pooja LodhiaHOUSTON (KTRK) -- The prosecution is continuing to build its case against a former Houston police officer accused of raping a woman two years ago. On Thursday they showed surveillance video taken before the alleged assault.

Surveillance video shows former HPD Officer Abraham Joseph driving up to a gas station and releasing a man into the parking lot. Prosecutors allege Joseph picked up a woman and a man, then dropped off the man and raped the woman at a nearby park. A crime investigator on Thursday confirmed records showing that Joseph never told dispatch he picked up anybody. The witness says male police officers are always asked to call in when they're alone with women. He said, "Officers typically call a female officer to do a search... You want it to be known that there is a female in your backseat." The witness also confirmed the police uniform, handcuffs and gun that Joseph had on the day he's accused of raping the woman. "They want to remind the jury that he was in uniform at the time, not like he is today. Today he's in street clothes, he's in a suit, he looks like any guy that would take your daughter on a date," said KTRK legal analyst Joel Androphy. He says prosecutors want to remind jurors that Joseph was in a position of authority during the alleged assault. "This was a guy in uniform, wearing a badge, driving a police car and they really want to drive home that he used his authority to abuse her," Androphy said. When we asked defense attorney Nicole DeBorde if she thought her client is being held to a different standard because he's a police officer, she replied, "I have a lot of confidence in this jury. They're smart, they're taking notes, and they know that the law is that he should be held to the same standard under the law as is anybody else." The defense claims the sex was consensual. Prosecutors are still expected to call forward several witnesses. Attorneys say it could be a week or longer before this case is sent to a jury. (Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Victim may take stand in ex-officer rape trial

HOUSTON (KTRK) -- It could be an emotional day of testimony in the rape trial of a former Houston police officer. The waitress who claims that ex-cop raped her may take the stand today.

The defense in this rape case claims the sex was consensual but the prosecution claims otherwise, saying the Houston Police Department had a rapist on the payroll.

In opening statements yesterday, each side outlined their cases. The prosecution said former HPD Officer Abraham Joseph picked up the victim at a cantina where she worked as a waitress, along with a man, but dropped the man off and took her to a park where he raped her.

She went home where she was staying with her aunt and aunt's husband and they testified in court she came home crying, telling them what happened.

"Still handcuffed, he's in full uniform, badge, gun at his hip, never takes his uniform off. He rapes her," said prosecutor Heyward Carter.

"But what Mr. Joseph -- and what you will learn from the evidence in this case -- did not do is anything that wasn't by agreement," said Defense attorney Nicole Deborde.

If he's found guilty, Joseph faces anywhere from five years to life in prison.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Alleged Tranquility Park gunman ruled not competent to stand trial

  HOUSTON (KTRK) -- A judge has ruled that a man who allegedly fired a rifle in Tranquility Park in November is not competent to stand trial.

Joshua Anthony Twohig, 21, was found incompetent Monday morning and will be sent to Vernon Hospital for mental evaluation. He will be brought back to court on May 2 to determine if he has regained competency.

Investigators say Twohig waved a 40-caliber rifle during an Occupy Houston rally before putting the gun to his head.

Twohig's attorney says his client has a history of metal illness and that his plan was to commit "suicide by cop."

Much of the incident was captured on cell phone video by an Occupy Houston protester camped out nearby. Twohig was dressed in a black suit and carrying the 40-caliber assault rifle. Prosecutors say an officer, who was flagged down by a protester, found the young father firing in the reflecting pond, then the state says he turned and pointed the gun at the officer.

That's when one officer shot him and prosecutors say he dropped his rifle, reached in his back waist band and was shot again. Prosecutors say when he reached for his rifle again, he was shot a third time.

Twohig's attorney says his client did not plan to come out of the park alive.

"There is a plethora of material that indicates that he was delusional, that he exhibited paranoia, that he had in the past heard voices; he was very definitely not a member of Occupy Houston. He was out there all by himself and quite frankly intended to commit suicide by cop," said George Parnham, Twohig's defense attorney.

Parnham said Twohig was on his medication at the time of the shooting.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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