Partner of Slain Drug Agent Riles Trial Judge : Courts: Fullerton officer is cited for contempt after telling jurors they’re not getting truth about sting and shootout that killed Tommy De La Rosa.

The judge overseeing the tense trial of four men accused of murdering Fullerton narcotics officer Tommy De La Rosa during a sting operation held the dead officer’s partner in contempt of court Wednesday for asserting on the witness stand that the jury was not getting the truth.

Los Angeles Superior Court Judge J. Kimball Walker cited Detective Dan Hughes for contempt as Hughes was testifying about the tragic events of June 21, 1990, the day his partner was killed in a shootout with alleged drug dealers in the driveway of a Downey home.

While being questioned by prosecutors, Hughes asked the judge to be “fair in this case” and to act “a little bit better,” after the veteran jurist upheld a defense objection that the questioning was repetitive. The judge immediately warned Hughes about his statements and offered him a chance to apologize to the court.

“I apologize to the jury that I think that you’re not being told the truth in this matter,” Hughes remarked.

“Mr. Hughes, I am going to cite you for contempt,” Walker said.

The 28-year-old investigator made his remarks Wednesday morning in the murder trial of Raul Meza, Jose Yuriar, Jesus Araclio and Fredrico Marriott, all of Los Angeles County.

Prosecutors contend that the four men planned to kill De La Rosa and rob him of the cocaine he supposedly was going to sell them for $4 million. If convicted, Meza, Yuriar and Araclio could get the death penalty, while Marriott could get 25 years to life in prison.

Though the judge rebuked Hughes, he did not fine the detective or sentence him to jail. A subsequent court hearing could be held to address whether the citation should stand.

Fullerton Police Capt. Lee R. DeVore blamed the situation on the frustration of a young officer who saw his partner get killed. “In his view,” DeVore said, “justice is not being done here and we are not getting a fair trial. I think that is the basis of his reaction.”

The Hughes incident also reflects an undercurrent of concern by police and the district attorney’s office about Walker since the retired judge was appointed to the complex case earlier this year.

Prosecutors have tried unsuccessfully to have Walker removed from the assignment, and Fullerton Police Chief Phil Goehring has expressed concerns about Walker’s qualifications to Robert Parkin, the presiding judge of Norwalk Superior Court.

In a June 5 letter to Parkin, Goehring stated that as a retired judge Walker cannot be held accountable at election time for his decisions and that the judge might have no experience with death penalty cases.

“Our concern is not with the D.A., nor the evidence, nor the challenges that are anticipated by the defense counsel,” Goehring wrote. “We are confounded by the manner that the court itself has treated this death verdict case by the assignment of judges.”

Some of the tension came to a head last week when De La Rosa’s widow stormed out of the trial in tears after Walker made a remark she felt impugned her husband’s memory by implying that De La Rosa could have been trying to rob the defendants during the sting operation.

“I walked out in tears,” said Leslie De La Rosa, who said the judge effectively placed her husband, a decorated police officer, “on the same level, if not lower than those who killed him.”

Walker could not be reached for comment Wednesday.

Though he has handled some criminal matters, available biographies show that his background is mostly in civil law.

“I have not been able to figure out why this judge was appointed to this sensitive case,” DeVore said. “We had understood that we were going to get a judge that was more experienced in criminal matters. It simply does not make good sense. I think it is indefensible.”

But Parkin, the presiding judge, said: “I don’t know if anyone can conclude that Walker is not competent to handle a death penalty case,” adding that he has full confidence in the appointment.