A San Diego woman who has yet to appear on the witness stand in the trial of former San Diego police Officer Anthony Arevalos told 10News she is already frustrated with the case.
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It was almost two years ago when Marjan Montazemi said she was leaving the Hard Rock Hotel in her car when she was immediately pulled over by Arevalos.
She told 10News in an earlier interview that although she is a victim, she does not want to hide her face nor her name.
She said Arevalos sexually assaulted her and then arrested her on suspicion of driving under the influence. Montazemi said as she cried, he told her she could have avoided facing the misdemeanor DUI.
Montazemi said 10News Arevalos told her, "You should have said 'Officer, spank me,' then I would have made this all go away."
Since that time, and since Arevalos' arrest, she has hired an attorney and said she wants that DUI dropped since she's helping prosecutors.
"I think it's unfair," added Dan Gilleon, Montazemi's attorney. "She's doing the right thing and helping the public out by testifying against this officer [to] make sure he's convicted."
Gilleon showed 10News a copy of a letter he sent the San Diego City Attorney's Office that asked to dismiss his client's DUI charge. He asked for a response by Wednesday night.
Since that deadline has passed, Gilleon said he will file legal action.
10News contacted the City Attorney's Office and a representative said Montazemi's case was already closed.
"I think she's got a lot of courage," Gilleon added. "She's willing to say, 'Hey, this happened to me and I'm going to speak up and make sure it doesn't happen to anybody else.'"
Meanwhile, Montazemi is set to testify against the Arevalos on Monday.
If convicted on all charges, Arevalos could spend almost 20 years in prison.
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