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COOK GOES ON TRIAL FOR COP'S SPIT SANDWICH
Wednesday, November 18, 2009
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By Claire Osborn
BURNET — On the first day of the trial of a cook accused of spitting on a hamburger served to the Burnet police chief, jurors heard a recording of what Jaime Perez told an officer:
"I did it," Perez said on the recording. "That ain't no lie."
However, Perez's attorney, Tim Cowart, said during the trial Monday that there was no physical evidence against his client. All the prosecution has, Cowart said, is that Perez "mouthed off" to a few people.
Perez is charged with harassment of a public servant, a felony punishable by up to 10 years in prison. The prosecution presented its witnesses Monday and played the tape of Perez telling a Burnet police officer that he tampered with Chief Paul Nelson's burger in October 2008 at local restaurant Andy's Landing.
Officer Jason Westerman had responded to a call about an argument between Perez and a woman, Westerman told jurors Monday. Westerman said he made a recording while investigating the argument but didn't note the admission until he replayed the tape later.
Another witness, Stephanie Robles, testified that Perez also told her that he tampered with the chief's burger.
"He told me he had taken the buns and wiped himself with it," said Robles, who worked at a different restaurant. She said Perez then told her that he had put vegetables for the sandwich in his mouth before placing them on the hamburger and that he spit on the burger.
Robles said she told Nelson the next day what Perez had said to her as Nelson was eating lunch at a different restaurant.
Nelson didn't finish his lunch, Robles said, adding: He was "pretty grossed out."
Investigators went to Andy's Landing after they learned about the accusation, Burnet County sheriff's Deputy Herman Frank Boshears told jurors Monday. Nelson ordered a burger again and gave the food to officers, who sent it to a Texas Department of Public Safety lab for testing, Boshears said.
But the lab said "the items submitted were not suitable for DNA analysis," Boshears said.
Boshears said there were no eyewitnesses to any tampering.
A previous employer of Perez's, Carlos Garcia, testified that when Perez worked at his restaurant several months before the incident, Perez told him that he didn't like Nelson.
"He felt he was being harassed by him," Garcia said. Perez also said he might like to do something to the food Nelson ordered, Garcia said. Garcia said he wasn't worried because nobody worked alone in his kitchen.
Nelson said Monday during testimony that he suspects Perez didn't like him because of a previous criminal case.
"I tried to get him on a sexual assault," Nelson said. He didn't provide any further details.
Andy's Landing is no longer in business.
cosborn@statesman.com
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| source: www.statesman.com |
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