Thread: WSP trooper's blunder causes mistrial in vehicular homicide

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Thursday, August 10, 2006 · Last updated 8:10 a.m. PT

WSP trooper's blunder causes mistrial in vehicular homicide case

THE ASSOCIATED PRESS

YAKIMA, Wash. -- A mistrial in a vehicular homicide case was declared after a state trooper testified that the defendant, who had twice been deported as an illegal immigrant, refused to answer questions following the crash.

Russell T. "Todd" Sharpe, a six-year Washington State Patrol veteran, testified Wednesday in Yakima County Superior Court that Marcos Ramos Medina, taken to a hospital for a blood alcohol test after the head-on collision, was "fighting against restraints and wouldn't answer questions any longer."

Defense lawyer Jeff West immediately moved for a mistrial, noting that under previous court rulings witnesses are barred from commenting on a defendant's constitutional right to remain silent.

Judge James P. Hutton agreed and set the new trial date for Sept. 11.

"It pains me greatly," Hutton said, "but in this case I must exercise an abundance of caution" to protect Medina's right to a fair trial.

Medina, a twice-deported Mexican national with a criminal record while living in Portland, Ore., was arrested on Aug. 4, 2005, after the 1997 Chevrolet Lumina he was driving collided with a 2000 Lexus driven by Peggy Keller, 53, dean of distance education at Yakima Valley College.

In opening statements, prosecutors said Medina was exhausted from being high on methamphetamine Witnesses who testified before Sharpe said Medina had been driving extremely erratically, swerving several times across the center line and nearly causing an oncoming tractor-trailer rig to jackknife.

West told the jury Medina was only sleepy.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com

OH God, I am so tired of our unjust laws that defend the criminals in our society.We certainaly do lean way to the left of liberalism in protecting their civil rights don't we?

Medina's right to a fair trial

You have got to be kidding me. Medina's right to fair trial? GIMMIE A BREAK!!! I'm sure if he killed someone while driving drunk, the victim's family wouldn't be so merciful.
What a joke.
A right to a fair trial should be deemed as a privelage only to American citizens. It shouldn't ever be a right.