Episode 14 "Wenatchee Sex Ring Case-Part Three"

Episode 14 recounts unforgettable moments during the trial of Linda Miller and fifty-fifty ball rulings by the judge. Chapter 12 of True Justice covers Arturo Azul's first appearance in court.

Transcript

SPEAKER_01 0:04

The Smoke and Gabble Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rhodes. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:22

Your Honor, today you will continue to share with our listeners your view from the bench during the prosecution of Linda Miller, a person alleged to have been involved in the so-called Wenatchee sex ring, and we will continue the story of true justice. So, Judge, in our last episode you covered the admissibility of Linda Miller's confession and the expert witness issues. It's now time for the trial, right?

SPEAKER_01 0:44

It is, Maddie. The trial took place between September 5 and September 14, 1995. I won't go over everything that happened at trial. Instead, I will share two unforgettable incidents I recall that happened during the trial. During my 27-year career as a judge, I experienced several unforgettable moments. One of the first ones was when I was sentencing a gentleman for vehicular homicide. While driving drunk, he struck and killed a college-age woman who was beloved by many at her community college and of course by her parents. The sentencing was taking place in a temporary hearing room adjacent to the courtroom. During sentencing, victims are allowed to address the court. In this case, since the victim was deceased, I allowed the father of the young woman to speak to the court. While technically his remarks are addressed to the court, he was really speaking to the defendant. And speaking he was. Somewhat quietly at first, but as he emptied his rage upon the defendant, his voice became louder and louder, so much so the judge in the adjacent courtroom became concerned and sent in security. Personally I didn't think security was necessary because the dad remained in his place in the hearing room about two rows back from the front where the defendant was standing, and he made no effort to come towards the defendant. So I continued to let him have his say. After all, the purpose of giving victims the right to speak out at sentencings is to assist the court in determining what a proper sentence should be. More importantly, it allows the parents of a deceased child to finally vent their emotions toward the person responsible for their child's death, which I hope helps them deal with their loss. During the Linda Miller trial, two such memorable events occurred. One was when one of her alleged victims, her own daughter, came into the courtroom to testify against her mother. This young girl had not seen her mother for months because child protective services had temporarily placed her with a relative. Despite not having seen her mom for many months, she came into the courtroom and immediately walked along the wall of the courtroom farthest from her mom. She then crossed in front of the bench, again the route to the witness stand furthest from her mom. She sat down and was sworn in and testified without ever looking at her mother. It was heartbreaking. The second such event occurred during the trial when I observed that the prosecutor was literally about to explode. His face was beat red, he was pacing, and it appeared that he was about to say something he may regret. Prior to that happening, I had ruled on several objections both by the state and the defendant. I would call them fifty fifty balls if the listener is familiar with basketball. In other words, the court could rule either way. Given the high profile nature of this case, I consistently ruled for the defendant on every one of the fifty fifty issues. Before the prosecutor could erupt, I called him and the defense attorney to sidebar. That is when the attorneys come to the bench where we can speak outside the hearing of the jury. I immediately told the prosecutor that I knew why he was angry. I further told him that due to the nature of the case, if he did prevail and obtain a conviction, it was certain that Ms. Miller would appeal. I further told him that such an appeal would be reviewed by our Court of Appeals through an electron microscope. I believe that by ruling on these fifty-fifty balls, her conviction, if the state prevailed, could be bulletproof, would be bulletproof on appeal. By the time I was done addressing counsel, the prosecutor had calmed down, and so I advised them to step back and we continued the trial.

SPEAKER_00 4:44

So what is the relevance of the first story in comparison to the Winatchie sex ring cases for Linda Miller?

SPEAKER_01 4:51

Not relevant, but an example of what I deem to be an unforgettable courtroom moment. And that was the one about the vehicular homicide is basically uh one of the first unforgettable courtroom moments I had as a judge. I want the listener to understand uh how unforgettable the moments that I describe in the Linda Miller trial uh were the same nature.

SPEAKER_00 5:15

Okay, well it's time for a recess. The Smoke and Gavel podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author friendly. Listeners of our show can receive 10% off any publishing package with Gatekeeper Press just by mentioning discount code ChIPSMAML when requesting a quote or during your free consultation at gatekeeperpress.com. So what happened? Did the jury convict?

SPEAKER_01 5:51

Not only did they convict, I think it was the most thorough and conscientious jury I ever had. After the verdict, I saw the jury room. The four person, a former community college president, had used the giant notepad they were provided to list on separate pages each count she was charged with. He then listed all the elements of each charge with check boxes next to each element. These pages were taped upon the wall of the jury room. Deliberations took more than four hours. During the trial, the defendant was out of custody on fifty thousand dollars bail. But after the guilty verdicts, she was no longer presumed innocent. She had been found guilty beyond a reasonable doubt, and she had previously tried to flee to Canada. So I revoked her bail in all conditions of release and remanded her to jail pending sentencing.

SPEAKER_00 6:50

You know, I just want to take a second to really thank you for talking about this all now, because there's been a lot of sensational document documentaries, TV shows, all sorts of stuff on the Wenatchee sex ring cases. And I do know that there's rumors that it was all just made up. There's that going on, right? And the, you know, monsters don't exist. That that could never happen in our good old little town. But, you know, you're from what you're expressing, it did. You know, maybe not to the extent, but things did happen. So I just, yeah, thank you for sharing finally.

SPEAKER_01 7:23

Well, I think the public deserves to know what actually happened. Uh and we'll get into it more when we cover uh the pastor's case, uh, because other things happened during that trial uh that again are unforgettable moments.

SPEAKER_00 7:42

Yeah, no, that's this is gonna be a great uh other side of the bench looksy.

SPEAKER_01 7:49

There you go.

SPEAKER_00 7:50

Well, it's time for another chapter of true justice.

SPEAKER_01 7:54

Chapter 12.

SPEAKER_00 7:56

Our top story this morning. The alleged killer of Officer Homer Hernandez was arrested last night. Arturo Azul was booked on the charge of capital aggravated murder, according to Captain William McGunn, the leader of the task force assigned to the investigation. The arrest and capture occurred in Whitby, at the home of Tito Ortiz. Mr. Ortiz is believed to be Azul's uncle. Azul's first appearance in court will be this afternoon.

SPEAKER_01 8:19

Switching from the local news channel, Arnie Adams tunes in his favorite smooth jazz station at the touch of a button on his steering wheel. Well, that's a relief. Seemed like he was going to get away with murdering a cop. I wonder how they found him, he muses. The courtroom of Judge Jefferson Garfield is full of law enforcement officers. Arturo Azul, standing next to his public defender, is dressed in an orange jumpsuit. His hands are cuffed and attached to a belly chain. Alongside him is not one, but two custody officers. They smile at the officers in the gallery. Lupe Rodillo is seated at the very back of the courtroom. In a holding cell adjacent to the same courtroom, Arturo's mother, Maria Azul, awaits her arraignment for aiding and abetting her son's escape. Previously, Judge Garfield reviewed his capital case bench book to make certain he conducts the hearing according to the letter of the law. Even though he presided over one other capital murder case a few years prior, he wants to make sure he makes no mistakes. Garfield knows if the defendant is found guilty, he will be asked to sign a judgment that orders the defendant to be sentenced to death. Inevitably, that sentence will be appealed. The judge's rulings will be examined under an electron microscope by the appellate court. All rise, the bailiff bellows. The Superior Court of Franklin County is now in session. Judge Jefferson Garfield presiding. Slowly and deliberately, Judge Garfield enters the courtroom. His white hair and thick mustache are highlighted by his black robes. He looks sternly at the defendant and then those present in the gallery. You may be seated, he intones.

unknown 10:13

Mr.

SPEAKER_01 10:14

Arturo Azul, please stand. Noting there is no court interpreter present, the judge asks, Do you speak English? Yes, Your Honor, Arturo answers. Can you read and write in English? Yes, Your Honor.

SPEAKER_00 10:28

Your Honor, Stephanie Sampson, counsel for the defendant. I've spoken at length with Mr. Azul and can assure the court he is fluent in English. He is currently a senior at Westview High School in Eagleton and plans to graduate next month.

SPEAKER_01 10:41

Some muffled chuckles from the law enforcement officers present echo in the courtroom. The judge is not amused. Giving him his best mother look, they quiet down quickly. The judge begins. State your true name and date of birth. Arturo Ortiz Azul, october thirtieth, two thousand eight. The judge then proceeds to advise the defendant of the charge against him and the maximum penalty of death. Arturo feels his knees weaken under him. After reading the affidavit of probable cause signed by Captain McGunn, he asks Azul if he understands what he is charged with and why. Quietly, Arturo responds, Yes, your honor. After reviewing with the defendant what his rights are, the judge notes that pursuant to Superior Court Special Proceedings Rule two, applicable to capital cases, the defendant is entitled to the appointment of two attorneys, not just one. Again, murmuring from the gallery is heard, and the look on the officers' faces is one of surprise and disdain. Judge Garfield proceeds to also note that one of the attorneys must be experienced in similar capital cases, in the vernacular death qualified counsel.

SPEAKER_00 11:59

Your Honor, as you may already know, I have previously represented two other defendants in capital cases. As such, I am qualified in this regard.

SPEAKER_01 12:08

Stephanie states confidently. Oh, I was unaware, Miss Sampson. Raising his bushy eyebrows, Garfield responds.

SPEAKER_00 12:17

I respectfully request the court's permission to submit the name of my co-counsel for the court's approval at the time of my client's arraignment. As the court knows, these cases require an unusual amount of time and expertise to provide adequate representation for my client. Given the amount of publicity that this case has already had, it is important that my co-counsel will be willing and able to assist me.

SPEAKER_01 12:38

Any objection, Mr. Blackman? No, Your Honor, the prosecutor replies, knowing that a conviction could be overturned based on inadequate representation. He is aware of Samson's experience in other counties and her excellent reputation. For the record, Miss Sampson, please provide the court the names and cause numbers of the other capital cases you have handled.

SPEAKER_00 13:01

Certainly, Your Honor.

SPEAKER_01 13:03

Blackman proceeds to address the court. Your Honor, on behalf of the state, I would like to address the issue of bail. Proceed, Garfield directs him. As the court knows, normally the amount of bail is determined after the court considers the likelihood the defendant will appear at all future hearings and the potential danger he poses to the community. However, pursuant to criminal rule three point two G, in a capital case such as this one, the court may order that the defendant be held without bail. That is the state's request in this case. Your Honor Stephanie disingenuously pleads.

SPEAKER_00 13:41

The rule also allows the court to set conditions which will reasonably assure the court that Mr. Azul will attend all future proceedings. He is only eighteen years old and currently attending Westview. He poses no threats.

SPEAKER_01 13:52

Judge Garfield tries not to roll his eyes at her argument, but simply cuts her off. The defendant will be held without bail. Anything else at this time?

SPEAKER_00 14:03

No, your honor.

SPEAKER_01 14:05

Both counsel echo in unison. Call the next case State versus Maria Ortiz Azul. As Stephanie exits the courtroom and walks toward the elevators, she is greeted by looks of disgust from the officers who line both sides of the hallway. Lupe is waiting for by the elevators. She introduces herself to Stephanie, who invites Lupe to ride down with her. The officers stay back, giving both of them death stares. Well, listeners, you've now heard what happened at Arturo Azul's first court appearance after his capture. You may have noticed that because the state has charged him with an offense that could result in his execution, the court appointed Azul two lawyers, not just one, and at least one of them had to be death qualified. In our next podcast, we will discuss the sentencing of Linda Miller, the appellate court's ruling, and the final resolution of one of the so-called Winatchie sex ring cases. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gabble Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Also, don't hesitate to send us questions. Until next time, God bless.