Judge denies rape defendant's request for mistrial
A King County judge on Monday denied a child-rape defendant's motion for a mistrial after one of his alleged victims climbed to the roof of the courthouse last week and threatened suicide just before she was to testify.

By Jennifer Sullivan

Seattle Times staff reporter

PREV 1 of 2 NEXT


MIKE SIEGEL / THE SEATTLE TIMES

Salvador Aleman Cruz, who is accused of raping a woman when she was a child in the mid-1990s, is acting as his own attorney. Cruz addresses Judge Douglass North that he should declare a mistrial after the alleged victim attempted to jump off the courthouse roof last week instead of testifying. Judge North responds to Cruz's attempt to convince him to declare a mistrial.

MIKE SIEGEL / THE SEATTLE TIMES
Salvador Aleman Cruz, who is accused of raping a woman when she was a child in the mid-1990s is acting as his own attorney. Cruz addresses Judge Douglass North that he should declare a mistrial after the alleged victim attempted to jump off the courthouse roof last week instead of testifying.
Related

A King County judge on Monday denied a child-rape defendant's motion for a mistrial after one of his alleged victims climbed to the roof of the courthouse last week and threatened suicide just before she was to testify.

Salvador Aleman Cruz, 40, insisted jurors in his trial knew that the woman who spent several hours on top of the King County Courthouse on Thursday was connected to his case. He claimed that any knowledge would hinder their ability to remain impartial during the trial.

But Superior Court Judge Douglass North ruled a mistrial was not warranted, saying he was confident the incident would not impact jurors' impartiality.

North said "it's clear we haven't met the standard" required by law for a mistrial to be called.

Cruz, who is acting as his own attorney with the help of two translators, warned North repeatedly that if the trial were to continue he would appeal.

"If you want to continue with the case, you know the consequence," said Cruz, speaking through a Spanish translator.

North, Cruz and Senior Deputy Prosecutor Val Richey questioned the 14 jurors individually on Monday to find out how much they knew about the suicide attempt.

Most of the jurors said they watched police activity from a window in the seventh-floor jury room, but it wasn't until one woman checked Facebook from her cellphone that they learned someone was on top of their building.

Before dismissing the jury on Thursday, North said that the events outside were related to Cruz's case and he ordered jurors to avoid reading or watching the news.

Jurors on Monday said they had abided by North's warning. When asked whether what they knew about the suicide attempt would impact their impartiality, all 14 jurors said it would not.

None of the jurors said they knew the woman was an alleged victim.

On Thursday afternoon, the 21-year-old woman climbed into the courthouse roof through an unlocked door and texted Richey to tell him she planned to commit suicide, authorities said. The woman was supposed to take the witness stand and face Cruz, who she claimed molested her when she was a small child.



Because Cruz is acting as his own lawyer, he has a right to question anyone called to the stand — including alleged victims. He is charged with seven felony counts, including first- and third-degree child rape, first-degree child molestation and communication with a minor for immoral purposes.

Seattle police were called to the courthouse, and when they made it to the roof they found the woman standing on a 6-inch-wide ledge. The woman appeared to be intoxicated, according to a police report.

Christine Lange, spokeswoman for King County's Department of Executive Services, said Monday there is an investigation into how the woman got onto the roof. The doors to the rooftop are supposed to be locked, she said. Seattle police said Thursday that the door had been propped open by maintenance workers.

After more than three hours of negotiating with the woman, officers crept up behind her and took her into custody. She was taken to Harborview Medical Center for a mental-health evaluation.

On Monday, at the request of the prosecution, North dismissed two counts of first-degree child molestation against Cruz involving the 21-year-old woman. As a result, the woman will not be called to testify, said Dan Donohoe, spokesman for Prosecuting Attorney Dan Satterberg.

Cruz is accused of molesting the woman and her older sister between 1993 and 1997, according to charging paperwork. The woman was 3 when Cruz entered her mother's life, charges said

If convicted on the remaining seven felony counts — involving four other victims — Cruz faces a maximum sentence of just more than 26 years in prison, Donohoe said.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
http://seattletimes.nwsource.com/htm...strial09m.html




CRUZ, SALVADOR ALEMAN Custody/Facility: Seattle Correctional Facility Book Date: 11/13/2008 20:05


Charges for this booking
Cause No: Court: Charge: ILLEGAL ENTRY
Cause No: 001042708 Court: KING COUNTY SUPERIOR COURT Charge: FTA/ RAPE CHILD 3
Cause No: 971054644 Court: KING COUNTY SUPERIOR COURT Charge: PROB HOLD/HARASSMENT