Quinoy Trial Introduces New Witnesses

Note: David Votta's last name was incorrectly spelled in an earlier version of this article. We regret the mistake and it has been changed. 

The trial of Jose Quinoy—a Sleepy Hollow detective charged with civil rights abuses and intimidating a witness—continued today with the cross-examination of three witnesses.

The defense and prosecution spent the afternoon speaking with Michael Hayes, Quinoy's colleague who recorded several of their exchanges per the FBI's request; Awilda Gomez, the wife of alleged victim Mario Gomez; and witness and former Sleepy Hollow resident David Votta. 

Officer Michael Hayes On The Stand

Sleepy Hollow police officer Michael Hayes—who "has a bone to pick with Quinoy," according to defense attorney Andrew Quinn—was on the stand first. The jury listened to one of the recorded conversations between Quinoy and Hayes, and was simultaneously shown the transcript.

Quinn, on grounds that the audio is garbled, argued Quinoy never told Hayes "you can't ******* say that," an exclamation linked to the intimidating a witness charge.

Hayes, who also help prepare the transcript and signed off on it, maintained Quinoy did say it.

Later in the conversation, Quinoy can be heard telling Hayes, "don't get yourself involved in my mess or anybody else's," another statement potentially linked to the intimidating a witness charge.

"This is not Quinoy telling you to lie," Quinn said.

Hayes disagreed, noting he interpreted the exchange as Quinoy telling him to lie in front of a grand jury and to investigators.

Following the review of the transcript, Hayes testified about the events on October 17, 2006—when Quinoy allegedly brutalized a subdued and handcuffed Mario Gomez outside the Sleepy Hollow Police Department.

"Quinoy punched Gomez while his hands were handcuffed behind him," Hayes said. "[And] Quinoy was one of the officers who cuffed him."

"Gomez was not a threat to anybody when he was hit," Hayes added.

When the prosecution asked Hayes if he later agreed to wear a wire for the FBI because he was discontent with the police department, Hayes said no.

"I wore a recording device because what Detective Quinoy did that night was wrong," he said.

An Intoxicated Witness

David Votta, who witnessed the event from afar, took the stand following Hayes. Votta lived in Sleepy Hollow for 23 years—until 2000—and was at a friend's apartment next to the police station on October 17, 2006. But Votta is not the prosecution's ideal witness—he was high on marijuana and cocaine the night of the incident.

When speaking with the prosecution, Votta admitted he and two friends had consumed three grams of cocaine and three marijuana cigarettes on the night of October 17. He initially saw the fight through a window, and later went outside to view it.

"I saw Mr. Gomez get beat up, and I saw Quinoy kick Gomez while he was in the [police] car," Votta testified.

"I was terrified, I never saw violence like that in my life," Votta added. Votta later jumped a fence and ran through several backyards to leave the area.

Andrew Quinn and the defense team argued the combination of the two drugs likely impaired Votta's perception of the events. Additionally, Quinn noted Votta's initial testimony to the FBI in 2009 and his testimony today differed. Votta originally said the beating took place in a different location, and that several officers were using tasers, statements he has since changed.

The Victim's Wife     

Awilda Gomez, the last witness to be cross-examined, spoke to the court through a Spanish translator. Gomez discussed Quinoy's potentially romantic relationship with her and Mario Gomez's daughter, Haydee Gomez. Haydee Gomez is approximately twelve years younger than Quinoy.

"I was concerned about their relationship," Awilda Gomez said, citing a time Quinoy knocked on their door at 3 a.m. to speak with then-17-year-old Haydee Gomez.

The alleged relationship triggered the confrontation between Mario Gomez and Jose Quinoy on October 17, 2006. Quinoy denies any romantic connection.

Awilda Gomez also corroborated Hayes' and Votten's accounts, noting Quinoy punched and kicked a handcuffed Mario Gomez.

The trial will continue tomorrow morning at 9:15 a.m. at White Plains District Court. Awilda Gomez will take the stand first.