State justices blast racist questioning by prosecutor

SEATTLE — The state Supreme Court has unanimously overturned a man’s conviction for assaulting police officers, blasting a series of racist remarks by the prosecutor who handled the case.

During jury selection in the trial against Joseph Zamora, Garth Dano, who was then the elected prosecutor in Grant County, repeatedly asked prospective jurors how they felt about illegal immigration, border security and crimes committed by illegal immigrants — even though Zamora was a U.S. citizen and the case had nothing to do with those topics.

The questions invoked racist stereotypes that violated Zamora’s right to a fair trial, the justices said Thursday. They also expressed concern with the vicious beating officers gave Zamora, which left him comatose. Chief Justice Steven González noted that “the jury was asked to decide, among other things, whether Joseph Zamora, a United States citizen, assaulted a police officer’s knuckles with the back of his head.”

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“This case was not remotely related to immigration — lawful or unlawful,” Justice Charles Johnson wrote for the court.

“The apparent purpose of the remarks was to highlight the defendant’s perceived ethnicity and invoke stereotypes that Latinxs are ‘criminally’ and ‘wrongly’ in the country, are involved in criminal activities such as drug smuggling, and pose a threat to the safety of ‘Americans.’”

The decision introduced a new rule in Washington that when a prosecutor “flagrantly or apparently intentionally appeals to a juror’s potential racial or ethnic prejudice, bias, or stereotypes,” it requires automatic reversal of any conviction.

Previously, prosecutors had a chance to demonstrate that race-based misconduct did not affect the outcome of the case and was “harmless.”

Dano was elected in 2014 as the prosecutor of Grant County, a fruit-growing region with large populations of migrant workers. A critic of Democratic Gov. Jay Inslee’s coronavirus restrictions, he resigned in December, citing personal reasons.

At the trial court level, Dano told the judge, who expressed concern about his line of questioning, “I in no way intimated or was suggesting to the jury that the defendant is not a citizen of the country or is here illegally.”

He did not immediately return an email from The Associated Press seeking comment on the ruling.

Zamora’s encounter with Moses Lake police came on the night of Feb. 5, 2017, when he was walking through a foot of snow to his niece’s house. A neighbor saw him, thought he looked suspicious and called police to report a possible car prowler; there was no evidence that any cars had been broken into, and the justices said Zamora was guilty of nothing more than “walking while high.”

Officer Kevin Hake responded and stopped Zamora in his niece’s yard. When Zamora did not respond to Hake’s questions and turned to walk away, Hake grabbed him, saying he feared he might have a weapon.

The officer shoved him to the ground and jumped on him, putting him in a chokehold, shooting pepper spray into his mouth and eyes, and punching him about 100 times before shoving the barrel of his gun down Zamora’s throat, according to an account filed by Zamora’s attorney. The officer said Zamora tried to take his gun.

Several other officers arrived, further pepper-spraying, punching and using a stun gun on him, and said Zamora had resisted and kicked at them. A neighbor testified that Zamora had not resisted or fought with Hake, and that he was face-down in the snow as other officers beat him.

The neighbor testified that he saw one officer using a chokehold on Zamora even after he had been hog-tied, and he heard Zamora use words that have become familiar since the murder of George Floyd, a Black man, by Minneapolis police in 2020: “I can’t breathe.”

When paramedics arrived, Zamora had no pulse. It took them seven minutes to revive him; he was taken to a hospital and remained in intensive care for about four weeks. He tested positive for methamphetamine and marijuana, and a search of his jacket following his arrest turned up a pocketknife.

A use-of-force review by the Moses Lake Police Department found no wrongdoing by the officers. Hake left the department four months after the incident and was no longer working in law enforcement by the time of the trial.

The Supreme Court said it had serious concerns that “a citizen’s mistaken report of vehicle prowling led to a violent altercation with police officers that almost resulted in the death of the defendant who was guilty of nothing more than walking while high on drugs.”

But the reason it overturned Zamora’s convictions of two counts of third-degree assault of a law enforcement officer was the prosecutor’s questioning of potential jurors.

Dano repeatedly asked members of the jury pool if they thought the U.S. had enough border security and how they felt about crimes committed by unlawful immigrants. When one responded that she did not think it was just illegal immigrants who were committing crimes, he asked a follow-up.

“Could you make room for the possibility that someone who — a loved one or family member of somebody who was either killed or had problems with somebody that’s been previously deported or criminally is wrongly in the country, that that happens to them, and that they feel like we need more border security, can you make room for that?” he asked.

The Superior Court trial judge, John Antosz, was so concerned with such remarks that he asked Zamora’s defense attorney, outside the presence of the jury pool, why he wasn’t objecting. The attorney responded that he didn’t think the prosecutor’s questions helped the state’s case. In his opening statement, the attorney told jurors that Zamora was not an immigrant.

More in News

Family members of the late Mike McAleer, from left, McAleer’s wife, Shannon Burke, son Michael McAleer and daughter Colleen McAleer, accept the Clallam Economic Development Council’s Olympic Leader Award at Friday’s annual EDC Gala at 7 Cedars Casino in Blyn. (Keith Thorpe/Peninsula Daily News)
Former volunteer named Olympic Leader at EDC gala

Mike McAleer served on boards, provided support

Jefferson County discusses rules for rental units

Public comments to be accepted through Friday

U.S. Rep. Emily Randall, D-Bremerton, speaks about current issues during a town hall meeting on Saturday in the Little Theater at Peninsula College in Port Angeles. Several hundred people attended, including an overflow audience in the Pirate Union Building. (Keith Thorpe/Peninsula Daily News)
Town hall

U.S. Rep. Emily Randall, D-Bremerton, speaks about current issues during a town… Continue reading

Firefighters rescue woman from house fire

Firefighters and neighbors rescued a woman and three dogs following… Continue reading

Firefighters from East Jefferson Fire Rescue extinguished an RV fire early Monday morning on Marrowstone Island. (East Jefferson Fire Rescue)
Firefighters put out RV fire on Marrowstone Island

East Jefferson Fire Rescue extinguished an RV fire in… Continue reading

Soroptimist International of Sequim’s Medical Loan Closet seeks a business or community organization that can take advantage of its nonprofit status to provide it with an 800- to 1,000-square-foot space. (Soroptimist International of Sequim)
Soroptimists seek partner for Medical Loan Closet

Soroptimist International of Sequim’s Medical Loan Closet has provided free… Continue reading

Shop With a Hero program partners with Mariners

The Clallam County Shop With a Hero team has… Continue reading

Celebrations set this week for World Water Day

The Elwha Legacy Forests Coalition and the Earth Law… Continue reading

Forum to discuss Charter Review Commission

The Clallam County Democrats will host a forum on… Continue reading

Jeannine Vaughn of Carlsborg looks a gems and jewelry at a display table operated by Steve Morgan of Joyce-based Lil’ Log Cabin Creations on Saturday at the Clallam County Rock, Gem and Jewelry Show at Vern Burton Community Center in Port Angeles. The show, hosted by the Clallam County Gem & Mineral Association, brought together rock enthusiasts with vendor booths and demonstrations highlighting the hobby. (Keith Thorpe/Peninsula Daily News)
Gem show

Jeannine Vaughn of Carlsborg looks a gems and jewelry at a display… Continue reading

Sequim City Council members will discuss March 24 how the city’s Fourth of July fireworks display, pictured in 2022, impacts wildlife and residents. Local advocates made the request to council members in February to stop the fireworks display and move the drone show away from wildlife habitat at Carrie Blake Community Park. (Michael Dashiell/Olympic Peninsula News Group file)
Sequim City Council to discuss fireworks

Grassroots group advocates for changes

Interact Club members fill jugs and buckets in the Dungeness River for the annual Walk for Water event on March 1. They walk about 4 miles roundtrip to symbolize how far some people must go for drinking water. They raised more than $5,000 to help build a well in a Ghana village. (John Pehrson)
Sequim High students raise money through Walk for Water

Interact Club helps fund another well in Ghana