A judge Friday granted the defense’s request for a mental health diversion program for a Los Angeles police officer who testified in 2021 that he had touched a dead woman’s breast while on duty and that it was done as part of an investigation into her death.
Los Angeles County Superior Court Judge Kevin Stennis found that David Rojas was “eligible and suitable” for an 18-month mental health diversion program over the objection of the prosecution, which asked for time for its own expert to review records in the case.
Rojas, now 31, was placed on leave after the allegation surfaced in November 2019 and was arrested and charged the following month with a felony count of having sexual contact with human remains without authority.
At an October 2021 hearing in which he was ordered to stand trial, Rojas testified that he turned on his body-worn camera and used a flashlight to illuminate the 34-year-old woman’s body in the darkened bedroom and then touched the woman’s right breast twice with his gloved left hand after noticing a mark he couldn’t identify in that area.
He said he was aware that he was being recorded through his own body-cam and denied being sexually aroused at the time or trying to humiliate or degrade the dead woman.
Under questioning by his own attorney, the officer denied becoming sexually attracted to the woman when he saw her corpse.
“I go straight to the section where I see the marking,” the officer said under cross-examination, explaining that he squeezed or pinched the area to see if anything would gush out because he “had no idea what it was” and was trying to find anything “that will give me a possible lead in this death.”
Rojas acknowledged under cross-examination from Deputy District Attorney Dan Akemon that he didn’t touch any other part of the dead woman’s body other than her breast after twice lifting up a sheet that had been placed over her body by paramedics who had pronounced the woman dead at the scene in downtown Los Angeles.
Rojas said he did not include evidence about the marking in her breast area in his report, but considered the body-worn video camera footage to be part of his investigation into the woman’s death. He testified that he was taught that officers should generally refrain from touching dead bodies, but didn’t believe that officers were barred from such activity.
LAPD Detective Sergio Ortiz, who reviewed the footage from Rojas’ body-worn camera, testified at the October 2021 hearing that he noticed Rojas’ left hand touching the woman’s breast and nipple and said there was no need for the officer to physically examine her because she had already been declared dead. He said he believed the conduct was inappropriate and that any investigation of the body is a task that should be left to the medical examiner.
After Rojas’ arrest, LAPD Chief Michel Moore said, “This incident is extremely disturbing and does not represent the values of the Los Angeles Police Department.”