Attorneys grilled the lead detective in a 1995 Sunnyside homicide case about a pickup truck that was removed from impound by the victim’s girlfriend and an informant who later recanted his testimony.
Former Sunnyside Police Sgt. James Rivard — lead detective in the case — testified Wednesday in a reference hearing that aims to determine whether there’s new evidence that warrants a new trial for Evaristo Junior Salas, who was convicted in the shooting death of Jose Arreola.
The hearing is being held in Yakima County Juvenile Court because of building renovations going on at Yakima County’s courthouse. Yakima County Superior Court Judge Ruth Reukauf is presiding over the hearing.
Defense attorneys Laura Shaver and John Marlow are representing Salas while Yakima County Deputy Prosecutor Bret Roberts is representing the state in the matter.
Evaristo Salas was accused of firing two fatal shots into the head of 24-year-old Jose Arreola in November 1995.
Shaver argues that Salas was framed, saying evidence was withheld from the trial that would have helped Salas’ case. She said that evidence has surfaced in recent years.
Roberts argues that Salas received a fair trial, and that the evidence Shaver points to was available to the prosecutor who represented Salas at the time — George Trejo.
Arreola was sitting in his girlfriend’s truck on a foggy November night when someone walked up and fired two shots into his head. His girlfriend, Ofelia Cortez (formerly Gonzalez) said she had just exited the truck with their infant son and saw the shooter’s face.
Debbie Salas, left, and Ruben Alvarado, right, pose for a family picture with Evaristo Salas at Airway Heights Corrections Center near Spokane, Wash.
Rivard’s testimony consumed the day. Shaver focused her questions on evidence she said was withheld from Salas’ trial, which concluded in December 1996, two days after his 16th birthday.
Salas, 15 at the time of Arreola’s death, was tried as an adult, convicted of first-degree murder and sentenced to nearly 33 years in prison. He’s been locked up for more than 26 years now but maintains his innocence.
Shaver and Marlow said information about Cortez having her pickup removed from an impound before police could process it for evidence and possible charges against her weren’t presented at trial.
Also, receipts for payment to an informant who testified against Salas also weren’t presented, as well as information questioning whether Cortez underwent hypnosis before picking Salas out of a photo lineup.
The pickup
On Wednesday, Rivard said he forwarded to Yakima County prosecutors his request that Cortez be charged with rendering criminal assistance in a homicide, but charges were never filed.
Rivard’s referral for charges against Cortez was dated Nov. 21, 1996, well before Salas became a suspect.
Shaver handed Rivard a copy of it to refresh his memory.
“Was that included in what you sent to the prosecutors’ office,” she asked.
“Yes, I believe so,” Rivard said.
Cortez somehow convinced Denny Marrow Towing to release the truck to her four days after Arreola was killed.
Rivard was unable to determine who authorized the truck’s release. The truck had a police hold on it, meaning it was evidence and only police could authorize its release.
Shaver asked why he didn’t request charges against the towing company for releasing it. She also pressed Rivard about Cortez’ demeanor when he questioned her about the truck.
Rivard said he couldn’t remember.
Shaver had him review his reports. They said during questioning Cortez would look up at the ceiling and squeeze her eyes closed before answering. They also said she provided various accounts of why and how she obtained the truck from evidence.
Rivard’s reports said he felt as if she was “pumping him for information” about the investigation.
Shaver asked Rivard if he talked to prosecutors about the referral for charges against Cortez. He said he couldn’t remember.
“It was 27 years ago,” he said. “I know it was sent to the prosecutor’s office.”
Shaver asked why he didn’t raise an issue when it wasn’t presented at trial.
Rivard said because prosecutors didn’t move ahead with charges against her, citing a lack of evidence.
Salas a suspect
Shaver also questioned him about another suspect, another boy Rivard described as close to Salas in his reports.
The reports said Rivard arrested the other boy for suspicion of murder in Arreola’s death about a week after Salas’ arrest. The boy was released and his parents sent him to Texas, Shaver read from reports.
Rivard said he couldn’t recall if he included the boy’s photo in any of the lineups he showed Cortez.
Rivard said his informant, Bill Bruhn, said the boy was with Salas when Salas bragged about the killing.
Salas didn’t become a suspect until six months after the shooting.
Rivard said Salas was being questioned at the Sunnyside Police Department by a Yakima County Sheriff’s Deputy on an unrelated matter.
Rivard, for no apparent reason, photographed Salas with a Polaroid camera. Rivard said he returned to his office, tossed the photos on his desk and Bruhn, who happened to be there, said the boy in the photos was the same boy who bragged about the shooting.
Shaver asked Rivard why he took photos of Salas then when he and other officers had more than 40 previous contacts with him before Arreola’s death.
“You had contacted him a lot,” she said. “You never took any photos of him in those contacts?”
During the trial, according to transcripts, Rivard said it was divine intervention and to ask God why he took photos of Salas that day.
Shaver handed Rivard the transcripts.
The informant
Shaver also pressed Rivard about Bruhn’s participation in the trial.
Bruhn has since recanted his story, and on Tuesday testified that Rivard coached him on what to say.
Rivard denies that.
Shaver on Wednesday asked Rivard why he waited several days to type Bruhns statment. Bruhn’s statement was dated May 14, 1996, several days after he had seen the photos of Salas on Rivard’s desk.
“A person makes a statement, you type it up (at that time)?” she asked.
Rivard said usually but not always.
She asked if he sought a material witness arrest warrant for Bruhn, ensuring he would testify.
Rivard said he didn’t request a material witness warrant against Bruhn, but said he recalled the arrest was from a warrant sought by a drug prosecutor.
Later Rivard said it was then deputy prosecutor Kelley Olwell who sought the material witness warrant against Bruhn. She tried the case alongside Deputy Prosecutor Ken Ramm.
Shaver asked why Bruhn said he could not identify Salas in a photo lineup. Pointing to the photo lineup form, Bruhn checked a box that said he was unable to identify Salas.
“He checked the box on the form saying he was unable to make an identification,” Shaver said. “You knew he didn’t want to falsely identify Salas.
“He indicated to you he didn’t want to be part of the case.”
Rivard denied forcing Bruhn to testify, saying he did identify Salas at his office.
“He identified him in the pictures on my desk,” Rivard said.
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