Trial delay sought for man accused of killing cop; DA’s office fears witness deportation
The Stanislaus County District Attorney’s Office wants Paulo Virgen Mendoza to stand trial in the killing of Newman Police Cpl. Ronil Singh before the deportation of three key witnesses who helped him try to flee to Mexico.
The Department of Homeland Security agreed to defer the deportations so the men could testify in Mendoza’s trial that had been set to begin Tuesday. But the trial was postponed last week and Mendoza’s attorney said during the hearing in Stanislaus Superior Court that he needs another 14 to 18 months to prepare.
“This case has been going on for almost two years already,” said Chief Deputy District Attorney Marlisa Ferreira. “It’s unacceptable to put it out that long.”
She said she would apply for another extension but doesn’t think DHS will agree to keep them here for as much as 18 months. She asked Judge Ricardo Córdova to schedule the trial for January.
The District Attorney’s Office is seeking the death penalty against Mendoza. That is the primary reason his attorney, Stephen Foley, said he needs more time.
Foley said he still needs to hire a second attorney to participate in the sentencing phase should Mendoza be convicted, and conduct mitigation research to develop evidence that Mendoza should not be sentenced to death. He also needs the funds to do all this, which also takes time because it requires court approval. Foley is a court-appointed attorney.
Foley said he doesn’t have the resources of the District Attorney’s Office, which include its own investigators as well as assistance from local and federal law enforcement, “all of whom assist the People in seeking death against Mr. Mendoza.”
COVID-19, Foley said, also is hindering him from doing mitigation research due to travel restrictions. He said many of the people he needs to interview live in Mexico, where Mendoza is from. The American Bar Association dictates that these interviews be done in person, not over the phone, he argued.
Singh was killed in the early morning of Dec. 26, 2018, when he stopped Mendoza on suspicion of driving under the influence. During the preliminary hearing in June, a detective testified Mendoza told him he shot Singh because “he did not want to go to jail.”
Relatives and friends helped Mendoza discard a firearm and elude police for 55 hours after the shooting until he was found at his aunt and uncle’s house near Bakersfield.
Mendoza’s brothers, Adrian and Conrado Mendoza, and co-worker, Erik Razo Quiroz, all have been convicted of federal charges for aiding and abetting him. They are the witnesses who could be deported before the trial begins.
Judge Córdova agreed with Foley that January doesn’t give him enough time to do all he needs to prepare but expressed concern about the witnesses’ deportation.
He scheduled the parties to return to court Oct. 1. Ferreira said she would have a representative from the Department of Homeland Security attend the hearing to discuss how long the deportations could be deferred.
This story was originally published September 2, 2020 at 4:00 AM.
