Attorney asks judge to grant mistrial in murder

Juror excused from serving

EPHRATA - The defense attorney involved in the murder trial of a Moses Lake delivery man asked the judge Tuesday to declare a mistrial.

Attorney Robert Schiffner's request came after the court learned during the second day of Eplanito "Paul" Rocha's trial a juror believed her son may have attended a party in the area of the shooting.

Attorneys with the Grant County Prosecutor's Office also believe the case would be appealed under the current circumstances, said Ed Owens, of the prosecutor's office.

Rocha, 40, was charged with first degree murder for allegedly shooting to death acquaintance Michael Reyes, 28, of Moses Lake with a handgun in 2006. Rocha's two week trial started Monday.

It was learned Tuesday nine other jurors heard the conversation juror Colleen Hill had with a bailiff about her realization regarding her son, causing attorneys to become concerned the added information could influence the jurors' decision in determining Rocha's guilt or innocence.

Judge Kenneth Jorgensen said he wanted to proceed with court Tuesday, but would consider the attorneys' request after mulling it over during the evening while reading case law. Jorgensen said he wasn't sure if the party was the same incident.

Hill was concerned about the possibility, so Jorgensen excused her from serving on the jury and an alternate juror was put in Hill's place.

As more details of the case emerged in court, Hill said she realized she may have listened to her son having a conversation about being at a party on Sunny Drive where gunshots were heard.

Hill's realization prompted her to experience a breathing problem in the jury room.

She said her "blood pressure was skyrocketing" and told the bailiff she needed to speak with someone.

Details of the case, such as the surroundings shown on the map displayed in court, the party and the fired shots were "too coincidental," she said.

Jorgensen asked each juror separately what they heard and if the new information would influence their decision. No jurors said they were influenced by what they heard Hill say to the bailiff.

Despite the juror removbal, the court heard opening arguments from the prosecution and defense. Testimony was also heard from the state's witnesses, two Moses Lake Police officers who responded to the shooting.

During initial police questioning, Rocha reportedly told police he didn't shoot anyone and used a toy cap gun to scare off Reyes and the other men, Moses Lake Police Corporal Annalisa Dobson testified.

Rocha also reportedly told police he saw three masked men come out of the shadows and shoot Reyes, Dobson said.

During a taped police interview shown in court Tuesday, Rocha said the men wanted to buy drugs from him. Rocha reportedly told the men he didn't have any drugs. Rocha also claimed he saw a gun in one of the men's hands

Schiffner claimed his client acted in self-defense during the alleged alternation and wasn't guilty of first degree murder.

Reyes allegedly visited the Rocha home with three other men the night of the shooting, Schiffner said.

When a gun was allegedly displayed by one of the visitors, Rocha reportedly became scared and later allegedly shot at Reyes, Schiffner said.

"He believed the actions he took were necessary under the circumstances," Schiffner said.