PHOENIX (AZFamily) — The trial for Essa Williams, the man accused of shooting Phoenix Police Officer Tyler Moldovan in 2021, began this week and has been marked by repeated mistrial motions from the defense.
While jurors are hearing evidence about the shooting that nearly killed Moldovan, the defense has repeatedly asked the judge to declare a mistrial, arguing the prosecutor crossed a line in how she portrayed Williams.
Mistrial motions center on opening statement
The motions stem from the prosecution’s opening statement, in which Maricopa County Prosecutor Linda Garcia reenacted what she said Williams told Moldovan just before opening fire.
“‘What are ya’ll going to do? Ya’ll going to lock me up?’ That’s what the defendant said before pulling his gun and unloading 15 rounds at Officer Moldovan,” Garcia said.
Defense attorney Dave Erlichman immediately objected, arguing Garcia’s delivery stereotyped Williams, who is Black.
The trial for Essa Williams, the man accused of shooting Phoenix Police Officer Tyler Moldovan in 2021, began this week.(AZFamily / MCSO)
“Objection to the tone of voice used by the prosecutor, racially inflammatory,” Erlichman said.
Judge Myers overruled the objection: “They’re not objections. They are overruled.”
By the end of the first day, Erlichman had also called on the judge to recuse himself.
“You have to recuse yourself; you’re clearly biased,” Erlichman said.
“Your motion on that issue is denied,” Judge Myers responded.
Legal analyst weighs in on mistrial strategy
Former Maricopa County Prosecutor Jay Rademacher, now a defense attorney, said repeated mistrial motions can serve two purposes: addressing unfair conduct or functioning as a courtroom tactic.
“Making allegations like this, that happens in almost any type of high profile case. It would almost be shocking if you didn’t see that, especially in a case like this,” Rademacher said.
Rademacher said the strategy may be aimed at shifting the jury’s focus.
“If you can spend a majority of your time talking about something else and not the defendant’s guilt, maybe they can create some type of reasonable doubt in making this about something other than what the defendant actually did,” he said.
He added that mistrials are uncommon and typically occur under specific circumstances.
“Usually mistrials happen when evidence is somehow discussed or admitted or put in front of the jury that the court has already ruled on that should not be put in front of the jury,” Rademacher said.
Media restrictions limit courtroom coverage
The judge has also issued a series of restrictive rulings limiting what media can show and when. Body-worn camera video and surveillance footage are not permitted to be filmed, and restrictions are in place on showing Moldovan, his wife or his partner on camera.
“So then the question becomes, why do you need to show this picture if the witness is here and able to testify and take the stand?” Rademacher said.
A mistrial would not end the prosecution. The trial would start over with a new jury unless prosecutors chose not to retry the case.
The judge has denied every mistrial motion to date, and testimony is expected to continue next week.
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