ORLANDO, Fla. — When former Orlando police Officer Peter Delio apologized during his sentencing hearing last November, his victim, Robert Liese looked on.
Two and a half months later, he remembers the feeling.
"It was a genuine apology. I could see it from across the courtroom,” Liese said.
Raw: Handcuffed suspect kneed by OPD officer (Short version)
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In 2014, Delio was captured on video kneeing a handcuffed Liese in a holding cell.
Prosecutors said he ruptured Liese's spleen.
But before the apology, Liese said he forgave the former officer.
He claims he told prosecutors he didn't want Delio to serve any time in jail, but they never presented that to the judge during sentencing.
"It shouldn't just be about what the prosecutor's office wants. I'm the victim. Not them,” he said.
He wanted restitution and probation for Delio, but no jail time.
Liese sent a letter to the judge expressing concerns after the sentencing.
Based on the letter, Delio's attorney filed a motion for modification of sentence, claiming prosecutors didn't accurately present the victim's opinion.
Liese, a convicted felon, said having Delio sit in jail is only hindering him from moving on with life, and he deserves another chance.
"I couldn't tell you how many times I screwed up and I said, ‘Look, I'm sorry, give me one more chance,’" Delio said.
The state attorney's office said he did write a victim impact statement and that was considered by the court.
Liese is also still waiting on a restitution hearing.
He’s seeking $40,000 after he said he missed two years of work, and owes $65,000 in medical bills.
Cox Media Group