Lawyer asks for new trial, says Spokane jury made racial remarks

SPOKANE — Attorney Mark D. Kamitomo is asking for a new trial in a medical malpractice case after learning that some jurors allegedly mocked his Japanese heritage during closed-door deliberations.

The Spokane County jury ruled against Kamitomo's client, clearing a doctor accused of negligence in a cancer diagnosis.

But juror Jack Marchant sought out Kamitomo after the trial and told him five jurors — three women and two men — had disparaged Kamitomo in jury proceedings, calling him "Mr. Kamikaze," "Mr. Miyashi" and "Mr. Miyagi," a character in the movie "The Karate Kid."

"I was surprised," Kamitomo said. "My first inclination was to ask, 'Is this just harmless?' But as (Marchant) told his story, that wasn't how it came across."

A second juror, Mark Costigan, also contended there was racial bias in the jury deliberations. Costigan has provided an affidavit on what he observed in the jury room.

Kamitomo, whose father was sent to an internment camp at Lemon Creek, British Columbia, after the Japanese attack on Pearl Harbor, is asking Superior Court Judge Robert D. Austin for a new trial based on the comments.

"Plaintiffs are entitled to a new trial because the evidence did not support the verdict and, further, the verdict was not decided by an unbiased and unprejudiced jury," his motion said.

Austin will hear the motion on Jan. 25.

Brian T. Rekofke, an attorney for Dr. Nathan P. Stime, the Spokane physician who is the defendant in the medical malpractice case, is opposing Kamitomo's motion for a new trial for plaintiffs Darlene and Bill Turner.

"The verdict was 10-2," Rekofke said Monday. "The affidavits filed were by the two dissenting jurors. Mark is a hell of a good lawyer, but I'm disappointed that he's playing the race card here."

Rekofke has obtained affidavits from seven other jurors that contradict the claims of racial bias.

"My vote finding that Dr. Stime was not negligent was based on the evidence and not in any manner, shape or form affected by the race or ethnicity of any of the parties or their attorneys," said juror Melody Weaver, a nurse.

Similar affidavits were signed by jurors Jack Lisenbee, Deborah Hagarty, Steven Walther, Brenda Canfield, Jon Smitham and David Smith.

Canfield said she referred to Kamitomo as "Mr. Miyashi" as a "memory device" to recall what he'd said in court. Smith acknowledged calling Kamitomo "Mr. Kamikaze" but denied any racial bias.

Kamitomo, 51, grew up in southern Alberta and graduated from Gonzaga Law School in 1989.

"I've never experienced this here or elsewhere. I'm not someone who cries race when I lose," Kamitomo said. "In a million years, I never thought a jury would have subtle biases towards me and would take that out on my client."