The 25-year-old woman accusing Rep. Carlos Henriquez of assault and battery diverged in her testimony Monday from some of the statements about the July 8, 2012 early-morning incident recorded by detectives.
By ANDY METZGER
MEDFORD — The 25-year-old woman accusing Rep. Carlos Henriquez of assault and battery diverged in her testimony Monday from some of the statements about the July 8, 2012 early-morning incident recorded by detectives.
On Monday, Katherine Gonzalves said after Henriquez had punched her three times, choked her, back-handed her and took away her cell phone, he threw the phone back at her.
In Arlington Inspector Edward DeFrancisco’s July 9, 2012 report, he stated that after the alleged assault and battery Gonzalves “was able to rip the cell phone back from his hands…”
Quizzed on the discrepancy by defense attorney Stephanie Soriano-Mills, Gonzalves said, “At that time, that’s how I recalled it.”
In the fourth day since the trial began, Gonzalves took the stand for the first time, giving jurors her first-hand account of what she says occurred after Henriquez allegedly became angry that she would not leave with him when he had driven to her mother’s home around 3 a.m.
Soriano-Mills attempted to sow doubt in her cross-examination, highlighting differences in Gonzalves’s accounts of the crime, including her initial statements to police that Henriquez had driven her around Boston for about two hours.
The Dorchester Democrat was originally charged with kidnapping, in addition to three counts of assault and battery, intimidation of a witness and larceny of her cell phone’s SIM card. The Middlesex District Attorney’s Office declined to seek the indictment, which would have been necessary to try Henriquez with kidnapping.
Monday was the first time, Soriano-Mills said, that Gonzalves had reported Henriquez punched her three times. Gonzalves said that after Henriquez became “physical” she told him that she was recording him with her cell phone in the hopes that would “scare” him.
Under cross-examination, she said her cell phone battery had died when she got into the car with Henriquez, parked on her mother’s street.
Soriano-Mills also asked about the missing SIM card. Later in the morning of Sunday, July 8, 2012, Boston police detectives took photos of text messages on Gonzalves’s phone. Gonzalves, who was living in East Somerville at the time, said that while the police left to retrieve a working camera that Sunday morning, she purchased another SIM card and she does not remember where she bought it.
DeFrancisco testified previously that he spoke to Gonzalves the day after the alleged attack, and that she showed him the blank area on her cell phone where the SIM card would go.
Gonzalves said she did not recall whom she had shown her cell phone sans SIM card.
“This was over three years ago,” Gonzalves said at one point. The incident occurred in July 2012. During direct examination by the prosecution there were also certain elements of the case that Gonzalves said she did not recall.
Over the objection of prosecutor Clarence Brown, Soriano-Mills questioned Gonzalves on an online alias, Kathy Nicole London. With the jury temporarily out of the courtroom, Soriano-Mills said Gonzalves was Facebook friends under that identity with several local politicians. Judge Michele Hogan allowed limited discussion of the identity, saying it went to the witnesses’ credibility. Gonzalves said the alias was something she had made up and used with friends.
Gonzalves also went into further detail on a Dec. 2, 2012 incident in which she said she called Henriquez from a blocked number, and then when she went to his home she was met by two men who told her to leave and that they had called the police.
Under cross-examination, Gonzalves said that in addition to drinks that December afternoon, she had taken Ambien – which is a sleep aid – and that because she was “out of it” her then-roommate had driven her to Henriquez’s house.
“I just felt bad about the whole situation,” said Gonzalves, explaining why she went to her alleged attacker’s house.
Gonzalves, who is now living at her mother’s home, also credited her former roommate with adding some levity during the Boston detectives’ initial investigation. In a recording of that Sunday morning interview, Gonzalves appeared to chuckle mildly as she described her escape from the car.
“She was trying to make light of it,” Gonzalves said. She said, “During the time she made me laugh…I never found it funny.”
Gonzalves’s attorney, Rick Brody, had been a fixture at the trial last week, including on Friday when attorneys originally believed Gonzalves would testify. On Monday, when she took the stand, he was absent. He told the News Service he had prescheduled appearances and wished he had been in the Cambridge District Court where Gonzalves was testifying.
During the proceedings, Soriano-Mills asked if it was true that her attorney would be representing her in a potential civil case.
“That’s false,” Gonzalves said.