Pasco police a no-show on Ruiz defense subpoena - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Pasco police a no-show on Ruiz defense subpoena

Posted: Updated:

PASCO, Wash. -- Attorneys for a man accused of five murders want Pasco police to turn over files they say could exonerate their client.

A private investigator for the defense sat in an empty courtroom Thursday morning, waiting for someone from the Pasco Police Department to respond to the defense team's subpoena.

Police never showed up, so now the defense team can go to the judge and ask him to order police to turn over the material. 

The defense wants detectives to turn over their notes, which reportedly include several people unable to identify Vicente Ruiz as the shooter in the five murders at a Pasco auto body shop in 1987.

Police say the detectives' notes are privileged.

There was also a second hearing for Ruiz on Thursday to go over a change of venue. A Franklin County Judge decided Ruiz's third trial will start November 9th, the pre-trial is slated for October 19th. A new venue has yet to be decided on.

The judge granted Ruiz's defense attorneys a change of venue last month. And the month before that, a judge declared a second mistrial after ruling prosecutors failed to turn over materials to the defense team that could be considered potential evidence.