SACRAMENTO (CBS13) — Attorneys for a former Sacramento Police officer accused of raping a 76-year-old woman may use the woman’s disability to sway the jury in their favor.

Gary Baker took notes and flashed an occasional half-smile—not the reaction you’d expect from a suspect about to go on trial accused of raping a disabled elderly woman.

The woman has trouble talking and writing after she suffered a stroke, which made it difficult for her to accurately communicate what happened with the alleged rape. That could be used against her in the trial.

“After knocking on the door, said this person started kissing her,” said Officer Matt Armstrong, who took the statement from the victim, at the preliminary hearing.

During witness questioning of the three separate attacks, the defense opportunity for a former Sacramento Police officer sought to poke holes in how detectives were able to pinpoint a suspect.

“You have no way of knowing whether or not whether any answers you gave were intelligible and by that I mean Ms. Doe understood the question and was able to articulate a correct answer,” said attorney Linda Parisi.

“She articulated these descriptions to me and when we would describe them to her, she would give us a yes answer,” Armstrong said.

Ruled not fit to take the stand, the rape victim known as Jane Doe did find a way to give officers clues to who raped her.

“I was in uniform, and she kept tapping my patch on my uniform sleeve,” said Officer Paula Gow.

But with limited communication and only a rough sketch, it wasn’t until two years later, and after a third rape attempt, the woman’s son put up security cameras.

Caught on video was a man with 22 years on the police force—Gary Baker, the suspected officer.

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