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Gomez trial postponed

by David Cole<br>Herald Staff Writer
| March 9, 2007 8:00 PM

Prosecution seeks second coroner opinion

EPHRATA — The homicide-by-abuse trial of Maribel Gomez is postponed until March 15, allowing prosecutors a week to come up with another medical expert to testify in the case.

Gomez, 32, an illegal immigrant and Ephrata resident, is charged with homicide by abuse and first-degree manslaughter in the September 2003 death of her 2-year-old son Rafael 'Raffy' Gomez.

Grant County Superior Court Judge John Antosz granted prosecutors the additional witness at the objection of Gomez's defense lawyer, Bobby Moser, who rested his case and said he's prepared to make closing arguments.

Grant County Prosecutor John Knodell said he planned to call on Dr. Gina Fino, a former Chelan County coroner, to answer Monday's testimony from key defense witness Dr. Janice Ophoven, a Minnesota-based pediatric forensic pathologist.

Ophoven claimed Raffy choked on his own vomit when he died, not from blunt-force trauma to the head, as prosecution witnesses testified earlier in the non-jury trial.

Following Fino's scheduled testimony, both Knodell and Moser said they expect to conclude the trial with their closing arguments later Thursday.

Antosz said he could reach a verdict in as little as two days, but it may take up to two weeks. He plans to give 24-hour notice before announcing his decision in court.

Gomez's trial began Feb. 12, following 28 continuances.

Gomez, who has five other children in foster care, faces up to 26 years in prison if convicted of homicide by abuse. The lesser charge of first-degree manslaughter carries an eight-year sentence. If acquitted, federal officials plan to begin deportation hearings.