2nd sexual assault trail for Ortiz dismissed

Posted at 9:35 AM, May 16, 2016
and last updated 2016-05-16 11:22:21-04

UPDATE (10:30 AM) -- The state has dismissed a second sexual assault case against a former Cape Coral police officer.

Just last month, Casey Ortiz was found guilty of two counts of sexually assaulting a minor. But his attorney, David Brener, has confirmed that he will not have to stand trial again in connection with the second case.

Brener considers this a victory for he and his client.

Meanwhile, Ortiz is scheduled to be sentenced for last month's conviction on May 31st.


LEE COUNTY, Fla. -- A former Cape Coral police officer convicted of sexually assaulting a minor while on the job is back in court.

Almost exactly a month ago, a jury found Casey Ortiz guilty of having sex with a then 16-year-old while she was on an unauthorized ride along with him.  This is the second set of sexual misconduct charges in a month for Ortiz. Monday morning is the first day of his second trial.

Judge Margaret Steinbeck says trial deliberations wont last as long as the first trial, but jury selection may take some time due to the media attention this case has received.

Ortiz's previous attorney, Joe Viacava, told Fox 4  recently it could be difficult to receive an impartial jury since both of Ortiz's victims will be allowed to give testimony in this trial. "It basically makes it hard because you have one jury hearing two separate acts, and they know about the prior allegations. Its two people claiming abuse, not just one."

Viacava, who represented Ortiz in his first trial last month, has withdrawn from the first case. This now means Viacava will not be representing Ortiz when he's sentenced at the end of this month on the 31st.

Ortiz was found guilty of two counts of sexual assault of a minor in mid-April.