A Brinks Armored Car company guard spent Christmas Eve 2011 threatening a Harbor Boulevard prostitute in Santa Ana with a Taser, tying her up, raping her and later telling a detective, “I did tie her up. I want to man up. I've been carrying this around with me.”
That was revealed in Orange County Superior Court Monday, when the triple rape trial opened for Jose Luis Capacete, 40, of Baldwin Park.
Prosecutors claim Capacete made incriminating statements to Santa Ana cops who'd searched his van and home and found cell phones he took from the prostitutes so they would not contact police and rope that had the DNA of one of the women on it.
At one point Capacete told an investigator, “I don't know why I keep snapping on these girls,” Deputy District Attorney Keith Burke told jurors (reports City News Service).
The Brinks guard is charged with single counts of rape and forced oral copulation and two counts each of forced sodomy and sexual penetration by a foreign object. He was arrested after the prostitute raped on Christmas Eve contacted police. The other cases were discovered later.
The prostitute had consensual sex with Capacete before he asked for extra services they had not agreed upon, according to the prosecutor. Capacete then asked her, “Have you ever been kidnapped?'' before tying her up and threatening her with a Taser, Burke alleged.
Capacete is accused of driving her to a location in Garden Grove where he forced her to have anal sex.
Another Harbor Boulevard prostitute came forward after reading of Capacete's arrest, according to authorities. It was later reported Capacete pleaded guilty in 2009 to misdemeanor engaging and agreeing to engage in prostitution, which brought him 10 days in jail, three years probation and an AIDS test.
Begging the question: Do they do background checks on Brinks guards?
Defense attorney Paul Supple told jurors Monday “to keep an open mind'' while hearing evidence, saying the woman who said she was raped on Christmas Eve initially “lied'' to police, giving investigators a false name, saying she was out with friends partying that night and that Capacete kidnapped and raped her after she left to the party to buy cigarettes.
Supple claimed there is insufficient evidence to convict his client.