Gomez trial begins over child's death

EPHRATA — Last week Maribel Gomez waived her right to have a jury decide if she's responsible for the death of her 2-year-old son.

After a hearing Monday, in Grant County Superior Court, it appears a key defense witness from Minnesota may not be testifying on her behalf as she faces charges of homicide by abuse and first-degree manslaughter.

Gomez, 32, of Ephrata, pleaded innocent to charges stemming from the September 2003 death of her infant son, Rafael "Raffy" Gomez.

Raffy suffered multiple broken bones, concussions and burns while in his birth mother's care, after being born in August 2001 in the back seat of a car. He was repeatedly placed in a foster home after signs of abuse were found, but was returned each time to Gomez. He eventually died, while in her care. Doctors said he was killed by blunt force injuries to his head.

Key defense expert Dr. Janice J. Ophoven, a pediatric forensic pathologist from St. Paul Minn., may have a different opinion as to how Raffy died. But she may not testify, despite repeated delays in the trial to ensure she would.

Problem is, she's still not ready, Grant County Prosecutor John Knodell said Monday. Ophoven has yet to receive the medical information she needs about Raffy. And when she gets it, she doesn't have much time to review it.

Knodell said he spoke Monday with Ophoven, by phone, and understood she'd yet to reach a definitive conclusion about Raffy's cause of death.

Ophoven is scheduled to testify Feb. 28.

Knodell complained that Ophoven planned to reach her conclusions only days before she testified, giving prosecutors little time to prepare a rebuttal.

"I'm adrift here," Knodell told Grant County Superior Court Judge John Antosz. "I have no idea where the defense is going at this point … You're putting the prosecution, with all due respect, at an adversarial disadvantage."

Antosz ruled that Ophoven must complete a report by Feb. 21, describing her views on Raffy's death.

If the report is not completed by the deadline set by Antosz, Ophoven's testimony may not be included. The decision whether to exclude her is to be made later in the trial.

Defense lawyer Bobby Moser said Ophoven's testimony is crucial and asked for a continuance. Antosz denied it.

"If one were to review the record, this case cannot be continued again," Antosz told the court. "I've done the best I can with a really bad situation."

Earlier Monday, Antosz ruled against direct testimony about Gomez's reported drug abuse. But he'll allow prosecutors to bring up what they believe to be Gomez's "dishonest reporting" of Raffy's medical history to doctors when he was treated for some of his injuries, including his being born with methamphetamine and cocaine in his system.

Deputy Prosecutor Steve Scott told Antosz he wants to portray Gomez's apparent misrepresentation as an effort to allegedly cover up abuse.

"She did not want, in any way, to tip off authorities," Scott said.

Gomez was frustrated by Raffy's frequent health and behavior problems, likely a result of his mother's purported illegal drug use, leading her to single him out from among his siblings for abuse, Scott said.

Moser wanted to suppress the drug history along with what his client reportedly neglected to tell medical providers.

"It's damaging evidence, it makes my client look bad," Moser said in an interview outside the courtroom.

Gomez, whose other five children are in foster care, faces a sentence ranging from 20 to 26 years in prison if found guilty of homicide by abuse. The manslaughter charge carries a sentence of about eight years, Knodell said.

The trial resumes Wednesday morning with opening statements from prosecutors.