Lawrence files for judge change in shotgun case

Lewis Lawrence of Moscow Monday filed an affidavit of prejudice in superior court and will be assigned a different judge for the trial of the three charges of attempted murder filed against him. Judge David Frazier Monday allowed Lawrence until noon that day to file the affidavit which will lead to assignment of a different judge to hear the case.

The judge placed the short time limit on the move because the Lawrence jury trial was scheduled to go to trial Monday.

Lawrence, 21, faces the three charges of attempted murder for allegedly discharging a shotgun in a Pullman apartment over a year ago. Three men were reported to be in the apartment and one was allegedly wound by a

The trial has been delayed over the past year while Lawrenece underwent two sessions at Eastern Washington Hospital for determination of his competency and treatment.

Lawrence Monday filed five hand-written pages which allege Judge Frazier was prejudiced against him. The judge Monday said he did not think he was biased but allowed Lawrence to file the standard affidavit of prejudice to maintain an appearance of fairness in the case.

Judge Frazier Monday declined to recuse himself, one of the requests filed by Lawrence.

Judge Frazier also said rulings on the other motions would now have to await a determination of who will preside over the trial. That includes Lawrence’s motion to again dismiss Defense Attorney John Snyder. The judge noted Monday Snyder still represents Lawrence and Snyder was asked to help Lawrence prepare the affidavit of prejudice.

The judge said Lawrence’s request for a different judge will be forwarded to the Spokane county court administrator for appointment of a judge. The appointment process would probably lead to a delay of the trial.

The judge advised Lawrence that he would be allowed just one change of judges under the affidavit process. The state limit is intended to prevent “judge shopping” on the part of defendants.

Monday’s hearing followed a stormy session late Friday when Lawrence requested Snyder again be dismissed as his attorney. Judge Frazier admitted Monday he lost his temper Friday and apologized. However, he said he didn’t feel Friday’s episode should be reason for him to recuse himself. The judge told Lawrence he has been frustrated in his effort to provide Lawrence with a fair trail.

During Monday’s court session, Lawrence repeatedly interrupted as the judge was announcing his ruling. Repeatedly the judge asked “will you let me finish.”

Last Thursday, the third argument in pre-trial motions to suppress evidence was rejected by Judge Frazier. The judge delayed a decision for case review after the pre-trial hearing ended the previous week.

Defense Attorney Snyder argued statements made by Lawrence in a police interview should be banned from trial because Lawrence at the start of the police interview told officers he was exercising his rights after being advised of them. Snyder contended that evidence from the interview should have been suppressed after Lawrence made the statement.

Judge Frazier said Lawrence’s “exercising” response, taken alone, would have been reason to suppress the interview evidence, but a review of the totality of the interview indicated Lawrence was aware of his rights and opted to continue. The judge also noted at one point Lawrence said he had been looking forward to talking.

He was interviewed by Pullman Detective Gregory Umbright March 17, 2009, at the Moscow Police station. Moscow Police had arrested Lawrence after being advised two suspects were enroute back to Moscow after the alleged shooting in Pullman.

After the hearing March 18, Judge Frazier ruled a shotgun, seized by Moscow police at the arrest scene, and evidence collected from a warrant search could be presented at trial.