Correctional Deputy Scott Harris took Juan Ferrer to the ER at St. Joseph's hospital for medical issues. Ferrer asked to speak to Acting Sgt. Chris Ortega. Deputy Harris explained that there are procedures and when he returns to jail he can fill out a form. Deputy Harris was going to call Acting Sgt. Ortega to inform him of Ferrer's request.
Before Deputy Harris could make that call, he testified Ferrer made "spontaneous statements" about what happened and that once Ferrer was finished, he went and got his notepad and wrote down notes.
According to Deputy Harris, Ferrer said he was "walking down the street and a guy came up behind him and made statements about his girlfriend and called her a fat bitch, I told him to fuck off and he came back at me. I stuck him to get past him." Deputy Harris said that Ferrer made an outward motion " with his left hand because his right hand was shackled to the bed."
"I'm a vegetarian, not a killer," said Ferrer. "I was scared." DDA Roger Rees asked Deputy Harris if Ferrer ever said he was in fear of his life, of great bodily injury or that he was afraid for his companions. To all questions, Deputy Harris replied with "No."
On cross, Deputy Harris told defense attorney Marek Reavis that he thought Deputy Cox was with him at the hospital that day but it could have been Deputy Lane.
DA Investigator Jack Bernstein verified and then the jury heard a jail call between Ferrer and his brother.
Ferrer is heard saying," I didn't lie. I will state on that stand, I didn';t lie about anything. That first interview I didn't say anything about theb accusations. I denied until the next day." I could not make the part out clearly, something about "after talking with my attorney."
When he took the stand, Ferrer made contradictory statements. He said he was nervous but his demeanor was the same as when he greeted potential jurors during questioning. He said he had clear memory of the incidents then said he was sedated and drowsy and remembers making some statements to Harris, but not others. He claims his free hand was attached to medical devices and he did not make the statement,"I stuck him to get past him."
Regarding the first interview, he said he was confused and thought he was maintaining his Miranda rights. "I guess I did not use my right to be silent well."
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