Jury hears closing arguments in rape of elderly Walnut Creek dementia patient case

March 09--MARTINEZ -- A jury heard closing arguments on Wednesday in an emotional case involving the alleged rape of an 83-year-old Alzheimer's patient by her caretaker.

Emeterio Ticar Betiwan, 61, is charged with one count of raping a mentally disabled person, one count of a lewd or lascivious act against a dependent person and one count of elder abuse.

Betiwan admitted having sex with the victim while he worked as a caretaker at Diablo Assisted Living in Walnut Creek. Betiwan alleged that the victim came up to him, hugged him and they had what he believed to be consensual sex.

Both the defense and prosecuting attorneys agree on several facts: the victim was diagnosed with moderate to severe Alzheimer's in 2013; DNA tests on semen from the rape kit were linked to Betiwan; and Betiwan admitted that "it was a mistake."

However, the points of disagreement surround how extensive the victim's Alzheimer's was and whether Betiwan "should have known" she could not consent to sex due to her medical diagnosis.

Jill Henderson, deputy prosecutor for the Contra Costa County district attorney's office, opened her closing statements by arguing that a measure of society is how the elderly are treated.

Henderson argued that, as a caretaker at an assisted living facility that had dementia patients, Betiwan was told of the patients' medical issues. Henderson pointed to signs of the victim's dementia: victim would put her underwear on her head and incorrectly believed that she might be pregnant, even though she had previously undergone a hysterectomy.

"This woman was severely demented. Very little of her brain was left," Henderson said. "He should have known. He was hired at Diablo Assisted Living and he should have known."

Eli Miller, Betiwan's attorney, argued that Betiwan only worked at the care facility briefly, handing out medications and changing diapers for a few hours a night over a six week period.

"In a criminal case, you need to prove beyond a reasonable doubt. There's a saying that it's better that 10 guilty people go free than 1 innocent person be convicted," Miller said.

Miller said that the victim was "superficially social" and would "mask" her condition to people.

"It's undisputed that Mr. Betiwan had extremely limited contact (with the victim)," Miller said.

Miller also said that two of the six residents at the assisted care facility did not have dementia.

The director of Diablo Assisted Living, Jill Bragg, said to police that "she hopes the defendant rots in hell for what he did," Henderson said.

The victim's family is also suing the care facility in civil court.

___

(c)2017 the Contra Costa Times (Walnut Creek, Calif.)

Visit the Contra Costa Times (Walnut Creek, Calif.) at www.eastbaytimes.com

Distributed by Tribune Content Agency, LLC.