Jury hears from former Pasco officer accused of rape - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Jury hears from former Pasco officer accused of rape

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PASCO, WA. -- A Former Pasco Police Officer's rape trial continued Tuesday. In a Franklin County courtroom, we heard from Aguirre himself about what happened the night of alleged rape.

Aguirre didn't take the stand Tuesday, but the prosecution did replay a full hour interview that Aguirre voluntarily did with investigators after the incident and he goes into graphic detail of what he remembers the night his family members says he raped her. 

Aguirre first describes what happens before the alleged rape. He met a family member of his and some friends for dinner at P.F. Chang's. From there, the group goes to Kimo's and then the Crave nightclub where they all have several drinks, including Aguirre.

Aguirre drives them back to his house. His family member wants to sleep in his bed that night with him which he claims is not unusual for them. 

"She was right there," Aguirre said in the recording. "I couldn't move. It was almost to the point that I was uncomfortable. Her hand was into the left side of my jaw. It was like, OK."

Aguirre told investigators that they fall asleep. Later, she wakes up, makes a few phone calls, tells him her child can't sleep and that she wants to go help.

Aguirre offers to drive her there and back. When they arrive, she goes inside. A man comes out a few minutes later and tells Aguirre that she doesn't want to go back with him.

So he leaves. Later that night, some family members of his confront him at his home, including his sister. 

"She said something about, the words words were, "take advantage of her,'" Aguirre says about the confrontation."In her comments to me. And I'm looking at her and I'm thinking "what are you talking about?"

Aguirre says despite "cuddling" with the alleged victim, nothing remotely sexual happened between them at all. 

"Detective: "When you guys were in bed, was there any kissing going on?"

Aguirre: "no."

Detective: "Nothing at all? Not a single kiss?"

Aguirre: "No there wasn't."

Detective: "Did she ever kiss you at all?"

Aguirre: "no."

Detective: "On the neck? On the face?"

Aguirre: "No. And i would remember that."

After that, evidence was called into question by the defense and DNA took center stage in this on-going case.

Controversy in the Richard Aguirre rape case Tuesday morning when former Franklin County Detective Jacinto Nunez testified. 

He told the jury about text messages between the alleged victim and her husband that night. But what over shadowed the testimony, is what the defense says was left out, which included a text from the alleged victim's husband that said, "Hey be careful," and "Please be careful and mindful of what's going on."

Defense: "Detective Nunez says that he is the one that determines relevancy and I don't think that's appropriate at all. I'm very concerned that we're not getting the full picture here."

Prosecution: "Frankly I'm highly offended knowing Detective Nunez as I do, that counsel would suggest that Detective Nunez has edited anything. That's a totally unwarranted attack on the reputation of Detective Nunez and I find it absolutely outrageous that such a thing would be said."

The judge determined that both sides should head over to the Franklin County Sheriff's Office after testimony ended to determine if other texts are relevant to the case.

Afterward, Forensic Scientist Ethan Smith took the stand to testify for a very crucial part in this case, the DNA evidence. Smith said he discovered saliva and semen on the underwear of the alleged victim.

He couldn't determine without a doubt who the saliva and semen belonged to, but he did find traces of Aguirre's DNA on the underwear.

The defense claims this is to be expected because the alleged victim slept in Aguirre's bed that night and even wore one of his t-shirts, possibly transferring the DNA to her clothes. 

Defense: "There was no sperm cells of Mr. Aguirre's anywhere?"

Smith: "No I can't make that conclusion, no."

Defense: "And the other part was that where Mr. Aguirre's DNA was found was actually on the outside on the seams is that correct?"

Smith: "Yes."

Testimony for the second day of the trial wrapped up Tuesday afternoon around 4 o'clock. Closing statements could come as soon as Thursday. Stay with NBC Right Now for all the updates on this trial.