SAN DIEGO - Attorneys for convicted San Diego police Officer Anthony Arevalos were expected to ask a judge Thursday to release him pending appeal.
The ex-officer was convicted in November 2011 of felony and misdemeanor charges involving five women, including multiple counts of sexual battery by restraint, asking for a bribe and assault and battery by a police officer. He was acquitted of other serious charges involving two other women.
He is currently serving a nearly nine-year prison sentence for the incidents, which occurred during traffic stops in the Gaslamp District.
Judge Jeffrey Fraser last month overturned two counts because handwritten notes from Arevalos' main accuser were not turned over to the defense. Fraser wrote in his 12-page ruling that he was not confident a jury would have convicted the 18-year veteran officer on those counts if his defense team had access to the notes.
The judge also said Arevalos should be resentenced on the remaining counts on which he was found guilty.
The notes in question surfaced during a federal lawsuit the woman -- known as "Jane Doe" -- has filed against the city of San Diego.
Nowhere in the handwritten notes does she say that Arevalos actually touched her genitalia, the defendant's appellate attorney, Pat Ford, argued before Fraser.
The two counts in question were sexual battery by restraint and assault and battery by a peace officer. Arevalos was given three years on the sexual battery conviction and a consecutive eight months for assault and battery.