"According to the police report," Aguirre says, "the wife comes in and
she finds his bloody stool, and ... she said, 'Did something happen? Did
that man hurt you?' and 'Did that man rape you?' And she claims he
somehow answered in the affirmative. ...The wife was asking him leading
questions. One of the family members said 'we noticed that the defendant
was strange and had problems and we knew he was weird.' Very suspicious
circumstances led to the arrest."
Aguirre says the test results of the bloody stool that came back earlier
this month had no trace of Jovel's DNA. Jovel pleaded not guilty at his
arraignment on Friday, and Aguirre says assistant district attorney Ira
Barg called her today to tell her he would move to dismiss the charges
at a hearing tomorrow. Calls to the DA's office were not returned today.
Aguirre says the incident -- which made national news -- has been mortifying for Jovel's family, which has resided in San Francisco since immigrating from El
Salvador 40 years ago. Jovel suffers from head injuries caused by
epileptic seizures. "His family was trying to place him into long-term
care and that may be jeopardized by just the arrest record," says Aguirre. "We hope to
be able to get the arrest expunged so he can move on with his life."
The alleged victim, whose name has not been released, filed a claim
against the city for $50,000 in medical
expenses last month for not noticing he was bleeding for at least five
hours. According to the claim, he "was forcibly sodomized and suffered
physical and psychological injuries. Furthermore, the rape has caused
[the complainant] and his family pain and suffering."
The city attorney denied the claim on Aug. 4, paving the way for Jovel's former roommate to potentially file suit against the city in the next six months. Department
of Public Health Director Mitch Katz told the Chron
in June he didn't know how hospital staff had overlooked the bleeding. "I don't have an
answer for that. I know people went into the room and didn't notice a