By Neha Malhi
RIVERSIDE, CA — Morrison Omar Majano-Diaz, accused of sexually assaulting his girlfriend’s cousin, had his preliminary hearing Friday here in Riverside County Superior Court—the alleged assault occurred July 19 when the victim was in a heavily intoxicated state, said the prosecution.
Police Officer Todd Brothers, who interviewed both the victim and her cousin throughout the investigation, said victim “Jane Doe” and her cousin decided to meet for dinner. After dinner they decided to grab two big cans of beers on their way and drink in the park.
The officer was told Jane Doe’s cousin then met Majano-Diaz for the first time at Jane Doe’s home. Jane Doe’s aunt was also present in the house, and told them to stop drinking and making noises in the kitchen. All three people then entered the bedroom, where they each drank two more cans of 24 oz. beers, the officer learned.
By the end of their second round of drinking, all three of them were on the same bed. The victim said she woke up in the middle of the night noticing discomfort in her genitalia and saw herself being penetrated by the defendant. She yelled “no, no, no” three times and rolled herself to the other side of the bed, where her cousin was sleeping.
The second time, she woke up due to the discomfort in her anus and saw herself penetrated by the victim again. She again said no three times and rolled to a different side of the bed, which was to the right of her cousin.
According to the victim’s statement, after the second assault Majano-Diaz also went back to sleep beside her. Following the morning of the assault, victim saw that her cousin was already awake and only she and Majano-Diaz were sleeping on the bed. She asked her cousin to drop her off at home.
After reaching home, she initially went back to sleep and at some point midday, she woke up thinking about the sexual assault. According to the testimony of the officer, “she didn’t know how to approach it or talk it to her cousin.”
She proceeded to contact her long-distance cousin in Florida and she told her to go to the hospital and get a sexual assault exam done. According to the medical reports they have found external DNA on the inner thighs of the victim, which confirmed the existence of sexual activities.
According to defense, the existence of DNA does not confirm that it was an assault rather than these results being consistent with mutual consent sexual activities. The defense also raised the question that it is impossible if neither her cousin nor her cousin’s mom heard the sound of Jane Doe asking for her.
Moreover, the defense noted the bed shown in the picture is not king-size and is rather twin or queen so it is partially impossible for three adults to sleep there and not notice anything. The defense also argued that Jane Doe was in a heavy state of intoxication and that she might not have remembered all the events and it could have been consensual sex.
The defense also noted that the victim did admit that she is a lightweight, often time blacks out—and she does not remember all the events of the alleged assault. The defense argued the victim saw her Snapchat showing photos drinking tequila shots which she doesn’t remember.
Another police officer, who interviewed Majano-Diaz twice during the investigation and also acted as a Spanish interpreter, said that initially the defendant denied having any sexual contact with the victim but later admitted he had sex with the victim twice during the same night.
According to Majano-Diaz’s statement, he thought that the sex was consensual as Jane Doe “stood up and touched his waist area and had open her legs slightly.”
During later interviews, Majano-Diaz wrote an apology letter to the victim in front of the investigator. In his letter, he wrote, “I am not a man of many words, I am sorry and ask for forgiveness.”
The judge ruled this sexual activity as non-consensual and the victim was charged with four counts, including rape while the victim was unconscious, sexual penetration by force, oral copulation, and having committing assault twice in the same night.
The next case hearing is Oct. 29.
