Judge won’t lower bail for ex-officer accused of rape

SAN DIEGO (CNS) – A judge has refused to lower bail for a former San Diego police officer accused of raping a prostitute in Presidio Park while on duty.

Superior Court Judge David Szumowski rejected a defense bid to reduce bail for 26-year-old Daniel Dana from $300,000 to $50,000, saying he found it offensive that someone in law enforcement would allegedly betray the public's trust.

The community also finds the alleged betrayal of trust offensive, the judge said.

“They don't trust the police,” Szumowski said.

Dana, who was with the San Diego Police Department for three years, either quit or was fired almost immediately following his May 11 arrest.

He could get more than 17 years in prison if convicted of rape under the color of authority, oral copulation under the color of authority, false imprisonment and assault by an officer, according to Deputy District Attorney Annette Irving.

A 34-year-old prostitute who Dana befriended told police she agreed to meet him about 3 a.m. May 11 in Presidio Park, where the officer allegedly forced her to have sex with him by threatening to arrest her if she refused.

During today's bail review hearing, defense attorney William Wolfe said the circumstances of the meeting with the prostitute were “suspect” and no force was involved.

Irving told the judge that Dana ran a computer check on the woman after the sexual encounter, trying to obtain her personal information.

“She has concerns for her safety,” the prosecutor said.

Irving said that since the officer's arrest earlier this month, other women have called the San Diego Police Department and the District Attorney's Office about their contacts with Dana.

Wolfe said Dana didn't find out any personal information about the alleged victim during the computer check.

According to the defense attorney, the other women who have called authorities about Dana were not reporting crimes, threats and anything close to what Dana is charged with in the rape case.

Wolfe said Dana served four years in the Marine Corps and earned several medals. The defendant joined SDPD after being honorably discharged from the military in 2007.

Dana is not a risk to the community and is anxious to clear his name, his attorney said.

A preliminary hearing is scheduled for June 14.

Dana's arrest came one day after police Chief William Lansdowne publicly apologized for a spate of alleged officer misconduct on the San Diego force.

Ten San Diego police officers have been accused of various crimes — ranging from drunken driving while off-duty to on-duty sexual assaults — over the past few months. Of those, six have been arrested.

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