Judge denies mistrial request in Rocha trial

Prosecution agrees new jury should be selected

EPHRATA - A Grant County judge denied a defense attorney's motion to declare a mistrial on Wednesday in the murder trial of Epanlito "Paul" Rocha.

Attorneys for the prosecution and defense are concerned the case could be appealed if the current jury remains intact.

Defense attorney Robert Schiffner filed a request Tuesday after the court learned juror Colleen Hill believed her son may have attended a party in northern Moses Lake near the shooting. Hill's son may be a potential witness.

The trial concerns the future of suspect Rocha, 40, of Moses Lake, who was charged with first-degree murder after allegedly shooting and killing an acquaintance, Michael Reyes, 28, of Moses Lake, with a handgun in 2006.

Judge Kenneth Jorgensen said there are no witnesses to the conversation Hill had with the bailiff about her concerns, according to court transcripts. Hill was excused on Tuesday from serving on the jury and an alternate juror was put in Hill's place.

But the brief conversation between Hill and the bailiff was heard by nine other jurors. The jurors were allowed to keep serving on the jury after they agreed knowing the information wouldn't affect their decision about the trial.

Prosecutor John Knodell said the best course of action would be to declare a mistrial and bring in another jury, according to court transcripts.

"I think we're taking a huge risk here," Knodell stated.

He added that he believed Hill was in a "highly emotional state" in front of other jurors when she came to the realization about her son.

Schiffner wasn't initially allowed to respond after Jorgensen made his decision and was told by Jorgensen he would be in contempt of court soon.

Before the lunch break, the mistrial motion was revisited and Schiffner was allowed to talk about his perception of what happened. Schiffner explained he was giving his opening statement on Tuesday when Hill began to cry and said she needed to speak with someone. Hill later spent 15 minutes in the jury room with other jurors.

More of the state's witnesses were called to testify during the morning session of court, including two Grant County deputies, a City of Moses Lake paramedic and a Moses Lake Police officer.

The defense is claiming Rocha acted in self-defense when Reyes and three other men allegedly visited Rocha's trailer in northern Moses Lake on Sunny Drive to buy drugs.

The men who allegedly confronted Rocha were reportedly attending a party near Rocha's home, left to visit Rocha and later returned a second time to Rocha's home. The shooting reportedly happened outside Rocha's trailer.

During initial police questioning, Rocha reportedly told police he saw three masked men come out of the shadows and shoot Reyes, Moses Lake Police Corporal Annalisa Dobson testified Tuesday.

Dobson also said Tuesday when she found Rocha, he allegedly said he knew better than to have a firearm because he was a felon.

But Rocha was "surprised and saddened" when he and Dobson drove by Reyes' body on the way to the police station, Dobson said.

After first spotting the men's shadows in his home surveillance camera, Rocha also claimed he saw a gun in one of the men's hands.

Sgt. Mark Biallas, of the Grant County Sheriff's Office, testified that while he responded to the shooting, he saw a baggy on the ground containing a white substance.

Biallas also said he came upon an unnamed woman kneeling over Reyes' body who was "near hysterical, crying and screaming." A police statement wasn't taken from the woman because of her emotional state.

When a crime scene photo of Reyes was shown in the courtroom Wednesday, an apparently upset Rocha bowed his head and Schiffner patted his client's back in comfort. The photo also upset a man in the courtroom audience and the man placed his head in his hands.

When Moses Lake Police Sgt. Michael Williams arrived on scene, he testified he came across two young males who were reportedly upset about what they believed Rocha had done. The males were believed to be relatives or acquaintances of Reyes' fiancee.

When Williams first saw the two males, they were running across the yard toward Rocha and the other officers. The smaller male reportedly kept trying to push through the officers to Rocha and was restrained by an officer, Williams testified.

"They were saying this is (expletive) that (Rocha) did this," Williams said.

Schiffner said later evidence will show the two males were sleeping during the shooting.