Judge denies request for continuance, sets Pesina hearing for Feb. 9

A judge today denied a request for a continuance in the case of accused Menifee Police Officer Juan Pesina, setting a preliminary trial hearing for Feb. 9 in Murrieta.

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Pesina has been charged with 15 counts of sexual assault and related crimes and has been incarcerated since August. He faces felony charges of rape, sodomy, oral copulation, sexual battery, assault with intent to commit rape, burglary, and extortion in incidents involving five female victims between February 2023 and August 2025. He is being held without bail at the Larry D. Smith Correctional Facility in Banning.

There were previously two postponed arraignments and a postponed felony settlement conference for Pesina, who eventually entered pleas of not guilty to all charges. The defense requested another continuance at today’s court appearance, but the judge denied the motion. In addition to the preliminary hearing, a conditional exam was scheduled for a witness in the case.

“If it is believed that this person will not be around during the jury trial (health, age, out of state, etc.), their statements made at the preliminary hearing will be read to the jury and recorded in the transcripts during trial, even though they are not present,” explained Molly Smith of the District Attorney’s Office.

Pesina is accused of sexually assaulting three female victims on different occasions while on duty with Menifee PD. In court documents, the victims were identified as a 36-year-old white female, allegedly assaulted in February 2023; a 42-year-old Hispanic female, allegedly assaulted in January 2024; and a third victim who was allegedly the victim of extortion in addition to sexual abuse. 

The criminal complaint states that Pesina sexually assaulted one of the victims at her residence during his investigation of a domestic violence claim. It further alleges that Pesina turned off his body-worn camera and that his vehicle’s GPS system was not working that day and the next day, when he returned to the victim’s residence.

One of the other alleged victims told investigators that Pesina responded to her call to Menifee PD to report that her boyfriend had allegedly recorded them engaging in sex acts. She said Pesina viewed the videos and told her the videos “turned him on”. Pesina later allegedly showed up at her apartment and assaulted her in his vehicle outside the residence.

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