Judge denies venue change for rape trial of ex-Pasco police officer

The lawyer for a former Pasco police officer charged with an off-duty rape unsuccessfully tried to get the upcoming trial moved to Seattle because of “often fictional and extremely inflammatory pretrial publicity.”

Richard J. Aguirre, 52, cannot get a fair and impartial trial in Franklin County because a significant percentage of residents are greatly prejudiced against him, attorney John Henry Browne argued Tuesday.

A jury in Franklin County “is unlikely to deliberate on the evidence presented in the courtroom, free from outside influence,” Browne said in his motion to change venue.

It “would be nearly impossible” to find a place in Washington state where there has been no publicity about Aguirre and his pending cases, including the 1986 death of a prostitute in Spokane, Browne said.

However, the Seattle lawyer noted that King County has a much larger jury pool with 1.9 million residents compared to Franklin County’s roughly 80,500.

“Mr. Aguirre’s case is one of the most heavily publicized stories in recent Franklin County history. A constant barrage of highly inflammatory news accounts, internet blogs and online commentary have saturated public soil and polarized the local community,” Browne said.

The attention the case receives “is extraordinarily intense because the allegations are truly heinous and Mr. Aguirre presents as the most unusual suspect.”

Superior Court Judge Alex Ekstrom denied the motion, saying it is premature when the attorneys haven’t even tried to seat a jury yet.

Deputy Prosecutor Frank Jenny had said “The best test for whether an impartial jury can be selected in a particular venue is to attempt to select one.”

Jenny questioned if the average person called as a prospective juror will have read or watched all stories on Aguirre, retained the details and formed an opinion on the case.

He conceded the lawyers will need to individually question people so that any knowledge or bias they may have isn’t shared in front of other prospective jurors.

But Browne said that wasn’t enough. He told the court if his motion was rejected, he was going to ask to have all potential jurors sequestered, at least until the attorneys finished jury selection.

He said Franklin County would have to foot that bill, which would include hotel rooms for dozens of people and security. Additionally, they would have to take away all electronic devices from the prospective jurors to prevent independent research.

Ekstrom said he will leave the sequestration issue to be decided by the trial judge.

Aguirre is charged in Franklin County Superior Court with third-degree rape and fourth-degree assault. The trial is set to start June 15.

An adult woman reported in late 2014 that she had been sexually assaulted by Aguirre.

Aguirre was placed on leave, then resigned from the Pasco Police Department in April 2015, ending his 27-year career.

During the investigation on the rape case, his DNA was entered into a national database which allegedly led to a link with the January 1986 beating and strangulation death of Ruby J. Doss in Spokane.

Spokane County prosecutors say Aguirre’s semen was in a condom found not far from Doss’ body.

He is charged with first-degree murder with sexual motivation and faces a Nov. 28 trial in that case.

Browne claims a certified military document shows Aguirre was on a military deployment in South Korea when Doss was killed. Prosecutors say they have separate military and medical records, along with Aguirre’s own statement, that place him in Washington at the time of the murder.

In his motion to move the rape trial, Browne said his client has no criminal history, was well respected in the community and was once named Pasco Police Officer of the Year.

The extremely serious criminal allegations, along with the help of regional news outlets and social media, destroyed Aguirre’s career and reputation, Browne said.

He said the publicity has been “a continual onslaught that Mr. Aguirre is a morally devoid deviant with murderous intentions. The media has done a rather remarkable job casting Mr. Aguirre to (the) local community as a disgraced cop with a closet stuffed full of skeletons.”

Browne told the judge the allegations against Aguirre are completely false and that they have a “substantial defense” for trial.

This story was originally published June 7, 2016 at 6:49 PM with the headline "Judge denies venue change for rape trial of ex-Pasco police officer."