Todd Burpee's girlfriend took the Fifth Amendment protection against self-incrimination during a closed hearing on Monday in Santa Clara County Superior Court, according to James Leonard, Santa Clara County deputy district attorney trying the kidnapping/assault case against Burpee.

Sara Dahlen, a petite woman with whom Burpee lived, allegedly attempted to flee with Burpee in her grey Toyota Scion, sideswiping a car, when police approached the couple at the drive-up window of a San Jose fast-food restaurant on Nov. 1, 2007.

Although not charged with a crime, she could face a charge of felony accessory after the fact, which has a three-year statute of limitations, if she said anything incriminating during Burpee's trial, Leonard said.

Judge Griffin Bonini told the jury only that Dahlen was not available to testify. Jurors should not make any inferences about why she was not testifying, he said.

Burpee, 22, is accused of strangling and battering a Gunn High School student outside her apartment building. He allegedly kidnapped and sexually assaulted the girl, called Jane Doe in the trial, on Oct. 30, 2007.

Public Defender Daniel Olmos Monday continued his attempts to discredit police handling of the case. Olmos questioned the timing of a report of patrol officer Eric Bulatao's chance encounter with Burpee on Oct. 29 that provided a vital link to Burpee as the suspect. Bulatao said he took down Burpee's license plate number while investigating a vandalism complaint at an apartment complex near where the girl was assaulted on Arastradero Road. He said a man later identified as Burpee was sitting in the parked vehicle.

Bulatao filled out a report of the encounter on Nov. 4, after Burpee had already been arrested, Olmos said.

Bulatao said he recognized Burpee as the possible suspect after seeing a police sketch on Oct. 31 and reported his suspicion to investigators on Nov. 1.

In other testimony Monday, an emergency medical physician who treated the victim said red marks on the girl's neck and broken capillaries in the whites of her eyes were consistent with strangulation.

Dr. Peter D'Souza said she arrived at Valley Medical Center with a mild concussion. She was confused and did not know where she was, he said.

A laceration beneath her lower lip went all the way through to the inside of her mouth, caused by her teeth piercing the flesh, which was consistent with the trauma she received when her assailant allegedly banged her head on the pavement, he said.

A DNA expert is scheduled to testify on Tuesday regarding blood evidence in Burpee's car. Prosecutor Leonard said he expects to wrap up his case by the afternoon, which will be followed by the defense's presentation through this week.

Related stories:

■ Burpee defense challenges evidence handling

■ Witnesses describe victim in Burpee trial

■ Assault victim completes emotional testimony

■ 2006 Paly grad arrested for abduction of Gunn student

■ Burpee admits abduction/assault, police report