A jury in Lee County has found ex-nurse Jeovanni Hechavarria guilty of sexual battery after being accused of raping a patient at Cape Coral Hospital.
BREAKING: Guilty of sexual battery! @winknews
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
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Friday marked the third day of trial in the case of Hechavarria, who is accused of raping three patients at Cape Coral Hospital. This first trial only focused on one of those victims.
The day is already off to an eventful start.
The State requested a change to the definition of the charge for the sixth time, which the judge denied. The definition will remain as “physically helpless to resist” instead of “physically incapacitated.”
The last witness for the State took the stand in a big moment for the case; the FDLE agent who analyzed the white towel found in the hospital room at the time of the alleged rape. This is a key piece of evidence.
This is the big moment, the FDLE agent who analyzed the white towel found in the hospital room at the time of the alleged rape says the DNA matches Geovanni Hechavarria or a patrimonial relative of his. Defense is now getting up to question her. @winknews pic.twitter.com/yxFg6iA8sB
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
The analyst confirmed that the DNA on the towel matches that of Jeovanni Hechavarria or a patrilineal relative, which means “relating to or based on the relationship to the father or descent through the male line.”
The defense asked the analyst if she tested for semen or skin cells, to which she answered “skin cells.” The defense pointed out that those cells can come from something as simple as dandruff.
Semen was present on the towel, but that is not what this analyst tested. A technician with the Cape Coral Police Department did test for semen and it was present. However, the State says Hechavarria had a vasectomy so they couldn’t test for identifying sperm.
After this testimony, the State rested their case. The defense only has one witness to call.
Hechavarria stated that he will not testify.
Hechavarria says he will not testify. @winknews pic.twitter.com/yjJqgU1tAf
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
Following the recess, the State gave their closing arguments.
State is giving closing arguments: Think about the emotion that you saw from her…in front of a group of total strangers she described her most vulnerable moments. She believes that she’s there to be cared for…that she’s in a safe place, but then what happens? @winknews
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
The defense is now making their closing arguments, citing several witnesses in the case.
They say the victim’s room was just 20 feet from the nurses’ station and that it doesn’t seem to make sense for Hechavarria to sexually assault someone knowing the other nurses were so close by.
Defense: She filed a lawsuit against the hospital. That's motive.
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
The defense next argued that FDLE concluded no semen was found on the hospital gown, which the victim was wearing at the time and none found on her boxers or underwear.
They also noted that FDLE said other substances can also test positive for semen. The defense said the towel could have been in the room for days. “You just don’t know. You don’t convict a man on speculation.”
Defense: Other victims testified because of "me too" that was their motive…. @winknews
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
The State then made additional statements in response to the defense’s closing arguments. They argued that there was no reason for a towel with semen on it to be in her private hospital room.
“How’d she know to get sperm-less semen? Did she have a crystal ball? If this is a setup, why not take everything and put it on her underwear? Why a towel? Because that’s where he wiped himself off.”
In response to the suggested “#MeToo” motive, the State argued that one of the witnesses reported her incident in 2015 before the movement was even a thing.
“If the victim was acting, bring out the Academy Award. She was clearly emotional. This is not Meryl Streep. This is not a show. This is a person,” the State said.
State: obviously not everybody who files a lawsuit does it out of greed. This isn't someone suing a restaurant because they ate there every day and became overweight. She was raped. @winknews
— Morgan Rynor (@Morgan_Rynor) January 10, 2020
Closing arguments have now wrapped up and the jury has begun their deliberation.
CONTINUING COVERAGE
- Arrest made in 2016 Cape Coral Hospital rape case
- Victim allegedly raped by ex-nurse files lawsuit against Lee Health
- Ex-Cape nurse accused of raping woman in hospital bed
- Third victim accuses ex Cape Coral hospital nurse of sexual assault
- Woman says she was victimized by nurse inside Cape Coral hospital
- Jury selected for trial of Cape Coral ex-nurse accused of raping patients
- Day 1 of trial begins for Cape Coral ex-nurse accused of raping patients
- Day 2: Defense’s request for mistrial denied in case of Cape Coral ex-nurse accused of rape