Mistrial declared in trial related to near-riot at Everett High

A mistrial was declared today in the assault trial of a former Everett High School student when jurors raised concerns about the defendant viewing personal information about them during jury selection.

Snohomish County Superior Court Judge Eric Lucas stopped the trial when the prosecutor joined the defense attorney in arguing that the defendant's right to participate fully in his defense may have been compromised.

A retrial of the defendant, Rogelio Hernandez, 19, will be held in May, said Snohomish County Deputy Prosecutor Janice Albert.

Hernandez is accused of tackling a female police officer and resisting arrest during a melee outside Everett High School on March 6 that drew a crowd of between 60 and 100 students. The incident sparked protests in Everett's Latino community as parents complained that school administrators called in police to handle what had begun as a hair-pulling fight between two Latino girls in front of the school.

All but one of the 13 students arrested or disciplined in the fight were minorities. Police say that Hernandez ran from the crowd and knocked down the officer as she was attempting to subdue one of the fighting girls.

The problem in Hernandez' trial arose when a juror expressed concern to a court bailiff that the defendant was reviewing juror information sheets during jury selection. Jurors fill out questionnaires for the court that includes their name, age, occupation and whether they have served on a jury before or been convicted of a crime. The forms do not include phone numbers or addresses.

The bailiff asked whether other jurors had similar concerns about the defendant reviewing their personal information and learned that at least seven of the 14 jurors or alternates were concerned.

"The fact that the bailiff posed the question suggests that there might be a reason to be concerned. It suggests that the defendant may pose a danger," said Albert, who added that Hernandez had a "constitutional and a procedural right to participate in his defense."

Defense attorney Michael Schwartz said it is standard practice for defendants to review the juror information forms and make suggestions to their attorney.

Lynn Thompson: 425-745-7807 or lthompson@seattletimes.com