Judge, attorney argue over murder suspect's trial clothes

Client shouldn't look like a 'clown' during trial, attorney says

EPHRATA - The two-week long murder trial of a Moses Lake delivery man started Monday with an argument between the judge and defense attorney over the suspect's court attire.

Citing case law, Moses Lake defense attorney Robert Schiffner said suspect Eplanito "Paul" Rocha has a Constitutional right to wear clothing in court that doesn't appear issued by the jail.

Rocha, 42, faces a first-degree murder charge for allegedly shooting to death forklift driver Michael Reyes, 28, of Moses Lake with a small caliber handgun in 2006. The two men were acquaintances and the alleged murder happened in northern Moses Lake on Sunny Drive.

The problem with Rocha's trial clothing apparently started when Schiffner wasn't able to find larger-sized dress clothes for his client.

Schiffner said he started looking on Thursday for appropriate trial clothes for Rocha.

Schiffner claimed he wasn't able to find dress clothes with above a 50-inch waist in Moses Lake and the Tri-Cities after visiting between 10 to 12 stores.

Judge Kenneth Jorgensen said he found clothes for Rocha, but Schiffner said he would rather Rocha wear a dress shirt, not the polo shirt Jorgensen arranged to have brought to court. Rocha was wearing the polo shirt Monday morning underneath his green jail-issued jumpsuit.

"I'm not going to dress him like a clown," Schiffner said.

Prosecutor John Knodell said he preferred to have the case start Tuesday because the people involved were just "spinning their wheels."

"I'm trying to set a precedent," Jorgensen said. "We won't send a jury home."

Schiffner said he called an attorney with the prosecutor's office Sunday night about the problem, but didn't want to violate any rules by contacting the judge.

While Rocha's clothing was being discussed, jury selection was taking place in another room.

Potential jurors were also questioned Monday afternoon after talks were finished regarding Rocha's attire.

Staff with Schiffner's office found clothes for Rocha in Spokane.

Rocha had a new outfit by the time the jury was brought into the courtroom for selection a few hours later. He was wearing dark slacks and a stripped, long-sleeved dress shirt.

Rocha's' ex-wife Jean Rocha, pleaded guilty in 2007 to second-degree rendering criminal assistance in the case.

Reyes is survived by his fiancee and five children, according to his obituary.