Judge's texts to DA prompt defendant's third murder trial

Two Los Angeles County judges made errors regarding the evidence for judicial bias, resulting in an overturned jury verdict and an order for a third murder trial for the same defendant, the 2nd District Court of Appeal ruled this week.

Superior Court Judge Emily Cole was publicly censured by the Commission on Judicial Performance last year for her actions in the case. She had texted a friend in the DA's office asking why the trial prosecutor, Yujin Yi, was not calling bailiff Randy Smalls as a rebuttal witness in the second murder trial for Travis Rockhill.

"She's not calling Smalls after that??? Why??" Cole texted to her friend after Yi indicated she was not calling rebuttal witnesses to Rockhill's testimony.

The judge's friend, Deputy District Attorney Kevin Sexton, who had been observing the April 2023 trial, replied, "Not a clue."

Cole responded, "Maybe people should talk it over with her???"

Cole had worked in the district attorney's office before her election to the bench in 2020.

The prosecution did not follow her suggestion, and the jury found Rockhill guilty a week later.

Rockhill was represented on appeal by Mi K. Kim of Thousand Oaks, and at trial by Alternate Public Defender Peter Garner.

The day after the verdict, the district attorney's office disclosed Cole's communication to the defense, and to Supervising Judge Denise McLaughlin-Bennett.

The supervising judge contacted Cole, who agreed to disclose the ex parte communication in a minute order and recuse herself pursuant to Code of Civil Procedure Section 170.1.

McLaughlin-Bennett criticized the minute order, telling Cole to redo it without minimizing or distorting facts, the Commission on Judicial Performance reported in March 2024.

One error McLaughlin-Bennett made, however, was deciding, without holding an evidentiary hearing, to deny Rockhill's motion for a new trial, the appellate panel said. He was sentenced to 35 years to life.

The appellate opinion by Justice Natalie P. Stone, issued Tuesday, said McLaughlin-Bennett relied on Cole's own minute order, stating she had been "fair and impartial," as evidence of her lack of bias. And though McLaughlin-Bennett found Cole's ex parte communication with the prosecution "unfortunate" and "ill-advised," she concluded there was no evidence it affected the trial proceedings or the jury's verdict.

At the time Cole sent the text, both sides had rested their cases-in-chief, but prosecutor Yujin Yi had not rested her rebuttal. Therefore, Cole's suggestion that someone speak to her, could have resulted in trial action by the prosecution.

During Rockhill's first trial, the bailiff had told the judge that the defendant made an incriminating statement. She told both sides about that after the jury in that trial hung, and she was expecting the prosecution to call him in the second trial.

"This exceptional case involves 'extreme facts' that offended Rockhill's due process right to a criminal trial before an impartial judge," Justice Stone wrote. ... "Judge Cole advocated for the People to call a witness who was undeniably favorable to the prosecution."

Division 7 Acting Presiding Justice John L. Segal and Justice Gail Ruderman Feuer concurred. The People v. Travis Rockhill, B335084 (Cal. App. 2nd Dist. Nov. 12, 2025).

District attorney's office spokeswoman Pamela Johnson responded to queries with an email saying, "We have no comment as this may involve a new trial."
Appellate attorney Kim was emailed questions about the decision and its ramifications but did not reply by press time. Trial defense attorney Garner could not be contacted.