TAMPA - After four hours of deliberations in the first-degree murder trial of Paula Gutierrez, the jury broke for the night without a verdict and was expected to resume deliberations this morning.
In closing arguments Wednesday, two distinct images of Gutierrez emerged.
Prosecutor Jay Pruner depicted the 25-year-old as a self-absorbed manipulator who deserved nothing less than life in prison for her role in the shooting death of officer Lois Marrero, following a bank robbery.
Defense attorney LeeAnn Athan described Gutierrez as an emotional zombie, so terrified of displeasing her abusive boyfriend, Nestor DeJesus, that she followed his orders to help him rob a bank and flee. Under Florida law, duress can lessen responsibility for a crime.
The lawyers may have dueled over the very essence of Gutierrez's soul, but they agreed on what happened: Nearly two years ago, Gutierrez and DeJesus robbed a Bank of America in South Tampa. Less than an hour later, DeJesus leveled a Mac 11 semiautomatic pistol at pursuing Officer Lois Marrero and fired twice, leaving her to die in the parking lot of their apartment complex.
Prosecutors argue that the shooting occurred during the armed robbery, making Gutierrez culpable in Marrero's death.
Athan said the chain of events was broken because Gutierrez went home between the robbery and the shooting, showering to wash off dye that splattered on her when a dye pack in the stolen money exploded. Gutierrez thought they were scot-free, Athan said, and if the officer's death didn't happen during the bank robbery, the murder charge against Gutierrez shouldn't stand.
"She had reached a place of safety, that is what breaks the chain," Athan said.
Jurors asked Circuit Judge J. Rodgers Padgett on Wednesday to replay testimony of DeJesus' mother, Lissette Santiago, who shuttled the young couple between apartment complexes after the robbery. The judge refused.
Athan also argued that Gutierrez toted the Mac 11 into the bank out of fear for her life.
Gutierrez could face a life sentence if convicted on the murder charge. She is also charged with first-degree armed robbery, punishable by 10 years to life.
Pruner said the couple intended to flee to New York with the bank money and stopped briefly at home as part of their escape. While not disputing Gutierrez was abused, he said she wanted money, toyed with DeJesus and was hardly helpless.
He opened her wallet, plucking out Visa cards, a health club membership, Busch Gardens passes, and charge cards from Burdines department store and a hair salon. Gutierrez didn't work, Pruner said, and money was tight when they robbed the bank.
