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Miami Cop Remains Jailed On Sexual Battery Charge

MIAMI (CBSMiami) – A Miami-Dade judge denied bond Thursday for a Miami police officer accused of molesting a woman he was supposed to be transporting to jail.

Luis Hernandez, 27, is charged with armed kidnapping and sexual battery by a law enforcement officer, according to an arrest affidavit.

The 7-year-veteran of the force is accused of fondling a woman in November 2011.

"She is traumatized. The entire experience has been unnerving for her," attorney Hernan Hernandez told CBS 4's Lauren Pastrana.

Hernan Hernandez said his client still trembles when thinks about what happened.

According to the arrest warrant, the victim was an undocumented immigrant working at La Boriqua cafeteria in Wynwood.

The restaurant is now closed, but back in November 2011, the warrant said the victim got into a late night fight and was arrested on a misdemeanor charge.

Investigators said the woman was processed at the police department then handed over to Officer Hernandez to be transported.

Instead of taking her where he was supposed to, the warrant said "Hernandez stopped the vehicle, got out of the vehicle, and told the victim, I am going to help you."

The court document went on to say the cop fondled the woman and demanded she perform oral sex on him.

Through tears, the woman refused, the warrant said.

When the woman was eventually taken to jail, the warrant said she told officials Hernandez had attacked her.

"To a reasonable degree of scientific certainty, Officer Luis Hernandez is the source of the major DNA profile obtained" from a swab of the victim's abdomen, according to the warrant.

While the woman was never deported, her attorney said she no longer feels safe here.

"People look at law enforcement and they expect a certain level of stability of respect and when something like this happens, it really just shatters that for the individual," Hernan Hernandez said.

The warrant indicated there were 34 minutes unaccounted when Hernandez recounted the events of that event.

When asked to turn over his notepad, which includes dispatch and arrival times and mileage, Hernandez declined, the warrant said.

Reyes said Hernandez had been on leave throughout the internal affairs investigation. His status with the department will be determined once the judicial process is over, Reyes explained.

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