SAN DIEGO - A judge will be taking a few weeks to consider whether former San Diego police officer Anthony Arevalos, who is now a convicted sexual predator, should have a retrial.
Attorneys for Arevalos asked the court Friday to consider a retrial, and the judge decided he would take the request under consideration and possibly make a decision in two weeks.
The decision could come down to the main victim's notes, which Arevalos' trial attorney, Gretchen von Helms, just looked at on Thursday.
The attorney pointed out that the notes -- written by a woman only identified as "Jane Doe" to protect her identity -- never stated that Arevalos used force or physically touched her.
Von Helms said having those notes during the trial would have been critical for her defense. However, prosecutors say the defense knew about the notes.
"It's important because he was convicted of sexual battery," von Helms said.
Arevelos was sentenced to nine years in prison for accepting sexual favors from women he pulled over. Many of his victims accepted settlements from the city except for Jane Doe.
"Jane Doe was told by the police to take notes of what happened to her, those note were turned into the department 24 hours later," said Linda Workman, who represents Jane Doe in a civil suit.
Workman also said the notes sat in a drawer for two years while Arevelos was on trial and only surfaced when a civil suit was filed.
The Back Story
For 18 years, Arevalos kept crime off the streets of San Diego and for two of them, he threatened to arrest women who did not perform sexual favors. He was convicted and sentenced to eight years and eight months in prison in February 2012.
Jane Doe was the main victim that put him away. She then filed a civil lawsuit against the city of San Diego.
The city of San Diego is also under fire after it was revealed it paid a private investigator to track, record and document Jane Doe's daily activities. The City Attorney's office has threatened legal action to silence Doe and her attorneys, saying they violated the court's protective order by talking to 10News and handing over a copy of the surveillance video.
Although Jane Doe did not take the stand on Friday, she said the hearing brought her fears back to the forefront.
"At the time that he was sentenced, there was... I think a sense of relief that he was secure behind bars," she said. "That sense of relief has since been taken away."