By Katy Barnitz
Albuquerque Journal
ALBUQUERQUE, N.M. — Prosecutors on Wednesday dropped two of eight charges against the county jail sergeant accused of raping four female inmates ahead of his trial that begins Monday on the remaining counts.
Torry Chambers’ trial before state District Court Judge Stan Whitaker is expected to last up to eight days.
Prosecutor Jacqueline James said one of the four alleged victims in the case has chosen not to testify at the trial and the two felony counts that involve her have been dropped.
“She indicates that she suffered post traumatic stress disorder caused by this case,” James said. “And the state is unable to bring her to New Mexico to testify at trial.”
Court documents allege that Chambers used his position of authority at the Metropolitan Detention Center to coerce the inmates into sex and also allowed a male inmate, who was a former prison guard, to rape a female inmate. Chamber remains on staff as a sergeant at MDC. The county paid $925,000 to settle a civil suit filed by three of the alleged victims.
Whitaker heard arguments Wednesday on a slew of motions. He ruled on some, and said that others will be handled as they arise at trial.
He will allow testimony from the MDC internal affairs investigator who initially looked into the rape allegations.
Although Whitaker said that the investigator’s report, which likely contains hearsay, won’t be admissible, the investigator can testify about the conclusions he drew.
Attorneys also argued about whether they can use the word rape at trial, which Whitaker ultimately said would not be permitted.
“The word rape is a common use term,” James said. “A victim of rape will not come up and say, ‘I have been criminally sexually penetrated.’ ”
But Chambers’ attorney William Cooley said that the word isn’t used in the criminal statute or jury instructions.
“It is highly charged. It is highly conclusionary,” he said. “And I know that it is irrefutably inflammatory and prejudicial against the defendant, and that’s the reason why the state wants to use it.”