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Quenga v. State10/20/2004
Joseph Quenga was convicted of rape, sexual battery, false imprisonment, and two counts of kidnapping, all stemming from three separate incidents occurring on June 23, 2000, October 22, 2000, and December 12, 2000. Following the denial of his motion for new trial, he appeals, contending that the trial court erred in denying his motions for severance of the offenses, his motion for a directed verdict, and his request to charge on a lesser included offense. We find no error and affirm.
On appeal from a criminal conviction, this court construes the evidence in a light most favorable to the jury's verdict, and the defendant no longer enjoys a presumption of innocence. Hughes v. State, 266 Ga. App. 652 (1) (598 SE2d 43) (2004). So construing the evidence, the record shows that Quenga was a Savannah police officer assigned to patrol duty in Precinct Three on the midnight shift. On June 23, 2000, Quenga was on duty when he pulled the first victim over on a traffic violation at approximately 3:00 a.m. The victim had just left a lounge where she had been drinking, and she acknowledged she crossed the white line. She admitted she had been drinking when asked. Quenga placed her in the back seat of his patrol car and transported her to Precinct Three, where he administered a breath test. The victim described the precinct as being "empty, there wasn't a soul there." Quenga "filled out some reports" and told the victim he would take her back to her car.
Instead, however, he drove past the victim's car and took her to a dark, secluded area behind a hospital. When another patrol car approached, Quenga pushed the victim into a muddy ditch until the other officer had left. Quenga then instructed the victim to lie face down on the back seat of the patrol car, forced her to take her pants down, and raped her. He then drove her back to her car, threatened her, and followed her home. Quenga was eventually charged with rape and kidnapping of this victim.
The next incident occurred on October 22, 2000. Quenga stopped the second victim, a student, who was driving alone at approximately 6:00 a.m. The victim told Quenga that she had spent the night with a friend, awakened early, and decided to return home. At first she denied drinking, but after repeated questioning admitted it. A field breath test showed a blood alcohol level under the limit. Nevertheless, the victim realized that she "was underage so it didn't matter how much I had to drink."
She became very upset and was crying. She told Quenga her father was a corporal in the Chatham County Police Department. Quenga let her calm down in the back seat of his patrol car, and when she calmed down, she returned to her own car and Quenga followed her back to her friend's home. Just as the victim thought Quenga was going to let her go, he instructed her to get back into the patrol car. He drove to the secluded area of a small shopping center that could not be seen from the road.
He told her she had to be searched, and if he called a female officer to search her she would "get a DUI." He said if he performed the search himself, however, no one would know about it, and she would not be charged. She decided to permit him to search her. Performing the "search," he first placed his hands under her shirt and patted her bra. He then instructed her to pull her pants down, and touched her "inner thigh and . . . private parts," then told her he was "almost done." He then returned her to the back seat of the patrol car and drove her to her friend's residence.
Before leaving, Quenga gave her his telephone number and instructed her to call him "at the beginning of the week," just "to make sure everything was okay." He added that
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