Attorney: CHP officer left behind condom used in sexual assault

Attorney: CHP officer left behind condom used in sexual assault »Play Video
BAKERSFIELD, Calif. (KBAK/KBFX) — A condom used during an alleged sexual assault may prove to be the key piece of evidence against a California Highway Patrol officer in Bakersfield.

"There was no consent at all," said attorney Cleve McKnight about his client, who sheriff's investigators said was sexually assaulted over the weekend.

The 21-year-old woman claimed she was sexually assaulted in her bedroom by a CHP officer, while a second officer was also in the house. Both officers were on duty during the alleged assault.

"The best evidence of any kind of DNA is going to be produced by that condom," said McKnight.

A criminal investigation is underway by the Kern County Sheriff's Office. The victim said she and friends had been drinking at the Sky Bar on Rosedale Highway, and she had consumed a large amount of alcohol.

She was stopped by a Kern County deputy during the early morning hours of Sept. 14 around 7th Standard Road and Highway 99 on suspicion of driving under the influence.

Being a DUI case, two CHP officers were called and took over the investigation. McKnight said his client failed a field sobriety test, and the officers told his client that she had a choice between being arrested or they could follow her home to make sure she was safe.

Also in the car with his client was a man and another woman. McKnight said the officers indicated that she was to drop off the man at his home. leaving the officers alone with the two women.

The woman then drove to her east Bakersfield home where one of the officers carried the second woman inside, while the other officer went with his client into her bedroom.

"He closed the door and engaged in improper sexual acts with her," said McKnight.

The attorney said the used condom left behind by the officer was turned over to sheriff's detectives, who are conducting a criminal investigation.

Also under review is whether the CHP vehicle had a GPS device, which could place the car at the scene of the woman's house. CHP spokesman Officer Robert Rodriguez said not all cars at the Bakersfield CHP office have GPS.

Asked if his client, a young mother of a toddler, knew the officers or had any previous contact with them, McKnight said, "I have information about that, but I don't really want to discuss it right now."