Judge refuses defense motion to declare mistrial - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge refuses defense motion to declare mistrial

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PASCO, Wash.-A murder trial will go on.

A Franklin County judge Thursday refused to declare a mistrial following Wednesday's outburst by Jose Garcia Morales.

In front of potential jurors, Morales shouted in Spanish and plugged his ears with his fingers. Defense lawyers argue the trial should be stopped, saying Morales is visibly not in control of his faculties.

Deputy Prosecutor Terry Bloor says Morales can't ask for a mistrial based on his own behavior. Bloor says Morales only acts up when he comes to court. He says corrections officers say Morales acts normal in jail.

Pasco police arrested Morales and his brother in December 2008. Prosecutors say the brothers shot and killed a man and critically wounded the man's wife in their home. Last year a jury convicted his brother, Ramon Garcia Morales, now serving a life sentence.

Prosecutors plan to begin calling witnesses on Monday.