More than three years after a man allegedly kidnapped and sexually battered a woman with a mental disability as she waited at a bus stop in Miami Gardens, the alleged victim took the stand in the man's trial.
On Tuesday, a woman NBC6 will refer to as "Z" told jurors about the May 2020 incident when Francis Fernandez allegedly kidnapped and sexually assaulted her.
According to court records, the victim said she was waiting for a bus near Northwest 27th Avenue and 169th Terrace when a car approached her and forced her inside.
"You said something about him taking his hand and covering your mouth?” a prosecutor asked the woman.
Get South Florida local news, weather forecasts and entertainment stories to your inbox. Sign up for NBC South Florida newsletters.
“Yes,” Z responded.
“When did he do that?” the prosecutor asked.
“He did that after he told me to lay on my back and he covered up my face with his hand and had sex with me ,” said Z.
Local
The victim has a mental disability. Her mother told jurors her daughter was heading to an appointment for a program that helps her learn how to do daily activities.
“You made me out to be a hoochie and I’m not no hoochie,” said Z to Ricardo Hermida, the defense attorney who’s representing the defendant. “I’m a full-time mom trying to get over this situation.”
Fernandez, who’s facing up to life in prison if convicted and whose DNA was found on the victim, referred to the charges as "fake allegations" and said the sex was consensual.
However, a medical staff member who swabbed the victim for DNA told jurors, “according to my paper there was no visual injury. Injuries does not mean that there was no sexual assault. It's not about injury, it’s about consent."
While jurors were on a break, prosecutors and Fernandez’s attorneys brought up how the defendant has been distracting in front of the jury. He’s been mumbling and exaggerating his facial expressions, prosecutors said.
Fernandez said it was his constitutional right to speak, adding, “The doctor said next stroke will be your last. My days on this earth are counted. It’s so horrible what the state of Florida is doing to me.”
At one point, Hermida even told his client to “shut up."
The trial continues on Wednesday.
