Gomez lashes out over perceived laughter

Defense accuses prosecutor of '1984' tactics

EPHRATA — Maribel Gomez cried during an emotional third day of testimony Wednesday, then lashed out, dramatically, at prosecutors and members of the courtroom gallery.

She accused prosecutors and family members of her son's Royal City foster parents of laughing, smiling and "elbowing themselves" as she told her story.

Gomez, 32, an illegal immigrant and Ephrata resident, is charged with homicide by abuse and first-degree manslaughter. She is currently on trial in Grant County Superior Court for Raffy's death.

Wednesday Grant County Prosecutor John Knodell, during cross-examination of Gomez, pressed Rafael 'Raffy' Gomez's birth mother to identify precisely when she reported to social workers head injuries and burns her son suffered.

Raffy died in September 2003 of blunt-force trauma to the head, while in Gomez's care.

Knodell tried to determine who Gomez told of Raffy's injuries, exactly when she reported them and whether it was done in person or by telephone.

Gomez repeatedly told Knodell she didn't remember who she told about Raffy's injuries, when or how. But she did report them, she said, and never kept them secret.

"All right. Do you know the name of the social worker you spoke with?" Knodell asked.

"If this was in 2002 or 2003, it was Murray (Twelves)," Gomez said.

Twelves, a social worker for the state Department of Social and Health Services at the time, was assigned to monitor Raffy during the boy's second and final year of his life.

"But you don't have an independent recollection as you sit here today of which social worker you spoke with?" Knodell asked while pressing her for details.

Gomez, who began testifying March 1, was also called to the witness stand Tuesday and again Wednesday.

"I have an independent memory, but my heart has been torn apart by all these questions that you've been asking," Gomez said, sobbing. "If I had these things in mind, I would tell you point by point what has happened. Because this has not hurt anyone more than it has hurt me."

Defense lawyer Bobby Moser, of Moses Lake, objected to Knodell's questioning, telling Grant County Superior Court Judge John Antosz his client was overwhelmed and couldn't answer Knodell's style of questioning.

"I think of '1984' and these types of interrogations and this idea, why would anyone confess to something if they hadn't done it?" Moser said, referring to British author George Orwell's novel. "The prosecutor is sitting here laughing, it's just pissing me off or just making me furious."

Moser said Knodell's questioning was incredibly intimidating to the witness.

"I understand that it's, you know, maybe designed to bring something out, but it's not producing anything," Moser told Antosz.

Antosz said he did not see the prosecutors laughing.

"They are laughing since this court started," Gomez said. "This is something serious. This is not a circus."

Gomez accused Grant County Deputy Prosecutor Carolyn Fair of mocking her after she was jailed earlier in the trial, placed in a prison jumpsuit and shackles.

"Everyone has been elbowing themselves, Denise (Griffith, Raffy's foster mother), everyone has been talking and laughing about me," Gomez said.

Griffith was in the courtroom gallery Wednesday, watching Gomez's testimony.

Antosz said the behaviors Gomez described would be inappropriate in the courtroom.

Knodell said the prosecution, which includes Fair and Grant County Deputy Prosecutor Steve Scott, denies laughing at Gomez during her testimony.

Fair specifically denied accusations Gomez made against her.

"At no time have I ever laughed at the defendant throughout any of this trial," Fair said. "I especially did not laugh at her or make fun of her when she was wearing greens and in handcuffs."

Knodell said Gomez's accusations were inappropriate.

"I'm struck by the fact that when the defendant is in this box, with all due respect to her, to (Moser), she can't get out of, she's now making these accusations against us," Knodell said.

Gomez finished her testimony Wednesday and Moser said the defense was resting its case.

Knodell said they planned to call at least one medical expert to rebut testimony from defense witness Dr. Janice Ophoven, who testified Raffy died because he choked on his own vomit, not from blunt-force trauma to the head.

Antosz said in an interview Wednesday he plans to issue an oral ruling at the conclusion of the non-jury trial.

Gomez waived her right to a jury before the trial began Feb. 12.

She faces up to 26 years in prison if found guilty of homicide by abuse. The manslaughter charge carries an eight-year sentence.