Apr 7, 2008 7:12 pm US/Eastern
Chewing Gum A Focus Of Rape Case Against N.Y. Cop
Sgt. David Rodriguez Accused Of Attacking 17-Year-Old Girl
NEW ROCHELLE, N.Y. (CBS) ―
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Sgt. David Rodriguez leaves court with his wife after being arraigned on first-degree rape on March 19, 2008.
CBS
A piece of chewing gum may prove to be a key piece of evidence against a New Rochelle police sergeant accused of rape.
On Monday the officer tried – and failed – to avoid submitting a DNA sample to use in testing on the gum.
The cop charged with rape, David Rodriguez, went directly to meet with detectives after a judge ordered him to submit a DNA sample.
Attorney Stephen Worth says he's never seen chewing gum play a role in a rape case.
"What happened today in my opinion is junk science," Worth said.
Rodriguez assisted a teenage girl on a domestic violence call on Feb. 8. He's accused of returning to the house and raping the girl.
New Rochelle cops recovered a piece of gum from the garbage at the house.
Testing shows the girl's DNA on the gum, along with DNA from an unidentified male.
According to court documents, the victim described receiving a piece of gum from the defendant during the rape and that the defendant forced his tongue into her mouth as she was chewing the gum.
Worth says it is Rodriguez's DNA on the gum, not from his tongue but from his fingers. Rodriguez supposedly popped the gum out of the package and handed it to the victim during the domestic violence call.
"He was there on official business three times. His DNA is going to be all over her apartment and by all accounts he touched the gum and gave it to her and no surprise," Worth said.
CBS 2 HD has learned of additional evidence in the case, taken from a surveillance camera near the crime scene.
The video was enhanced by experts and police believe it shows Rodriguez arriving at the girl's residence while off-duty, just as she described.
The alleged victim also gave police a graphic description of a distinguishing feature of Rodriguez's lower anatomy. Sources say add it all up and she's a very credible witness.
But Rodriguez maintains his absolute innocence and accuses his former police colleagues of conducting a shoddy investigation.
Rodriguez has been suspended without pay. He is married to Darlene Rodriguez, a news anchor at WNBC-TV.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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