MANCHESTER, NH – A man accused of sexually assaulting a woman inside her apartment while armed with a machete is being held without bail pending a further evidentiary hearing.
Judge Willian Delker, presiding Wednesday in Hillsborough County Superior Court Northern District, found the state had presented clear and convincing evidence that Jose Polanco Diaz, 24, of 383 Hayward St., #2, was the man who on Sept. 4 sexually assaulted a 36-year-old woman in her Auburn Street apartment.
However, he ordered the state to turn over to the defense copies of video surveillance of the area the morning of the assault as well copies of the photographs shown the woman from which she picked Polanco Diaz as her assailant.
Defense Attorney Kim Kossick, in arguing that her client be released on personal recognizance bail, questioned whether the state had probable cause to even arrest her client. She said the “complaining witness” initially picked out the photograph of another man saying she was 100 percent sure it was him before settling on Polanco Diaz’s photo saying she was 85 percent certain he assaulted her.
Kossick also said the woman described her assailant as being six-feet tall, skinny, with a short Afro-style haircut. The woman also said he was wearing black shorts and a black or green shirt.
Kossick said she has not seen Polanco Diaz in person but looking at him on video during Wednesday’s WEBEX hearing she said he does not appear to be skinny.
In court filings, Polanco Diaz is described as 5-foot-8 and weighing 200 pounds.
Assistant Hillsborough County Attorney Amy Manchester asked the judge to order Polanco Diaz held without bail saying he posed “an extreme danger” to the community.
She said the woman was asleep in her apartment when she was awakened by someone touching her leg. She brushed the hand away, thinking he was her boyfriend saying she was tired and sleeping. The man touched her leg again and then ripped open her leggings, digitally penetrated her while masturbating and saying, “Want to have sex mommy?”
The woman tried to get away from her attacker who swung a machete at her several times. The assailant fled the apartment when the woman screamed, taking her purse and cell phone with him. Police found those items within two-tenths of a mile from her apartment.
Within five minutes of the alleged assault, police set up a perimeter. Officer James Pittman reported seeing a Hispanic man, later identified as Polanco Diaz, wearing black shorts enter Mr. Market at 297 Spruce St. Pittman said Polanco Diaz did not fully fit the assailant’s description, his demeanor was calm and he did not appear to be nervous or out of breath.
Later, however, investigators obtained video footage from several locations and took still images from them which were sent via email to all city police officers.
Pittman, after viewing the security footage, said Polanco Diaz’s shorts appeared to hang at the same height as when he spoke with him earlier and he also appeared to be wearing the same shoes and socks.
“The ID in this case is very thin,” Kossick argued. She said there is no video of Polanco Diaz running from the scene or of him discarding any items.
“It sounds like the person who actually committed this crime is on the streets,” she said.
Manchester, however, said Polanco Diaz told police that earlier in the day he smoked marijuana and later entered an abandoned basement apartment, at an unknown address, looking for bicycles. He said he didn’t encounter anyone there and did not assault anyone.
Manchester pointed out that the woman’s apartment is in a basement and there is little to no furniture or belongings in it as she is in the process of moving.
Polanco Diaz waived arraignment on felony charges aggravated felonious sexual assault, burglary, criminal threatening and two counts of falsifying physical evidence. An evidentiary hearing is set for Sept. 22 at 1 p.m.
