Jury hears testimony in trial of Vivian Hernandez over Li'l Abner mobile home park arrest

The jury trial for a former resident of the now‑demolished Li'l Abner mobile home park is set to resume Wednesday as testimony continues in the case of 62‑year‑old Vivian Hernandez.

Hernandez was arrested in 2024 after entering the park's management office to raise concerns about demolition work she believed was putting residents at risk of asbestos exposure. 

Cellphone video of her arrest sparked outrage among former residents and led to criminal charges of disorderly conduct, trespassing and resisting arrest without violence.

On Tuesday, jurors heard from the officer who arrested Hernandez. He testified that he acted appropriately after asking her to leave the office more than six times. 

Prosecutors argued the officer, who was working off duty at the time, was within his authority to remove her at the request of management.

"When the defendant resisted those lawful commands, the evidence will show the officer opted to use force," the state said in its opening argument.

Hernandez's attorney, David Winker, said the video of the arrest clearly shows what happened and will help jurors determine whether the officer's actions were justified.

"This is the case where there is no question of what happened," Winker said. "There's a video. It's clear what happened, and the jury gets to decide: Was it appropriate or not? And should Vivian Hernandez go to jail for that?"

Winker, who also represents 200 families in a separate civil case against the park's owners, said Hernandez suffered significant injuries during the arrest. He said she spent days in the hospital and still relies on a walker.

"It's emotional watching these videos," Winker said. "Vivian was severely hurt. She still walks with a walker. It's tough to watch what happened."

Hernandez is expected to testify Wednesday and share her account of the confrontation.

If convicted, she faces up to one year in jail. The trial will resume at 12:30 p.m.