MONFORT-IN-COURT-003.jpg
A King County Superior Court judge has thrown out the death penalty in the case against accused cop-killer Christopher Monfort. (Tim Haek/KIRO Radio file)

Judge tosses death penalty against accused Seattle cop killer

BY Josh Kerns  on February 22, 2013 @ 3:59 pm (Updated: 4:41 pm - 2/22/13 )

A King County Superior Court judge has thrown out the death penalty in the case against accused cop-killer Christopher Monfort, The Seattle Times reported.

Chief Criminal Judge Ronald Kessler ruled Friday that King County Prosecutor Dan Satterberg conducted a "flawed and minimalist" investigation into factors that could have warranted a life sentence instead of death. But the judge did rule the case could proceed as a capital case so as not to delay his trial.

The Times reports the judge criticized Satterberg for deciding to seek the death penalty before Monfort's defense team could gather and present information about mitigating circumstances such as mental illness that could have led the prosecutor to not seek the death penalty.

In a statement, Satterberg's office said they would appeal the ruling to the state Supreme Court:

"State law calls for the prosecutor to consider any evidence of mitigation prior to making a death penalty decision. In this case, the defense refused to provide any information to the prosecution. The prosecution gave the defense team ten months to provide mitigation information, which is nine months longer than state law requires. In the absence of any information from the defense, the prosecution considered all available mitigating information and decided it was not sufficient to merit leniency.

The court ruled that the refusal of the defendant's legal team to provide any evidence of mitigation precludes the prosecutor from filing the notice of intent to seek the death penalty. The defense has still not provided any evidence of mitigation, more than three years after the arraignment date."

Monfort faces charges in the Oct. 31, 2009 shooting that killed Officer Timothy Brenton and wounded Officer Britt Sweeney.

Monfort allegedly pulled alongside a parked patrol car in the Leschi neighborhood and opened fire as Brenton, 39, and Sweeney, now 36, sat inside.

Monfort is accused of waging a concerted attack on police, allegedly firebombing four police vehicles at a city maintenance yard nine days before the shooting. Police said one of the makeshift bombs was set to go off as police and firefighters arrived to investigate the initial blasts.

Police shot and capture Monfort the week after the shooting during a confrontation outside his Tukwila apartment.

Along with the murder charges, Monfort is also charged with arson and two additional counts of attempted first-degree murder — for allegedly pointing a gun at Nelson and for allegedly trying to kill officers at the scene of the firebombings, the Times reports.

Friday's ruling is the second court defeat for Satterberg's office in recent weeks. Earlier this month, another judge ruled King County prosecutors could not seek the death penalty against two people in the murders of a family of six in Carnation.

Satterberg's office is appealing that ruling.

Josh Kerns, MyNorthwest.com Reporter
Josh Kerns is co-host of KIRO Radio's Seattle Sounds (Saturday nights 7-8) and a digital content producer for MyNorthwest.com.
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Comments (16)


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  • YObama'smama wrote...
    The death penalty.
    February 22, 2013 3:45 pm
    There should be a death penalty for being a liberal, because their brains are infected with stupidity that is contagous. Look at.who is president of the u.s Thats all you need to know.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • wsualumn wrote...
    Hey Yoba
    February 22, 2013 5:20 pm
    I am a liberal and as far as I am concerned, this guy needs to be put out of "society's misery." I am also sure many "liberals" feel the same. very easy to label "some" as all the same.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • beerlover1976 wrote...
    this is the act of a liberal judge
    February 22, 2013 4:04 pm
    this liberal judge who doesn't believe in the death penalty should not be presiding over a capital case. if it has been three years since arraignment and the defense has still not come up with mitigating factors the assumption can be made that there are no mitigating factors and the there should not be a consideration of leniency. besides mitigating factors could be introduced into the trial at any point before the jury hands down a judgement.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Tyrone DeVille wrote...
    Hugging-The-Thugs!
    February 22, 2013 4:22 pm
    in Washington State continues. It is up to decent citizens to enact Justice, before the Courts and The Defenders of the Guilty (pictured) get a hand on them.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • awm4328 wrote...
    Typical
    February 22, 2013 4:23 pm
    This is what's so frustrating about our civilized legal system. The dead person has no rights because the murderer killed him. And then, for that cowardly act, the full legal protection, and our tax dollars, of the State of Washington go into effect for this worthless piece of skin. There are 7 billion people in this world; believe me, this guy will not be missed.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    Thanks Judge
    February 22, 2013 4:37 pm
    Why don't you just release him, give him his guns and bombs back, and tell him sorry for having him locked up. I am sure he will not harm anyone else and that he is really sorry for killing innocent people. What in the world were you thinking when you made this decision?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Annie (1) wrote...
    Just remember..
    February 22, 2013 5:44 pm
    We vote for Judges here- so remember the name Ronald Kessler & vote accordingly!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Brian Oblivion wrote...
    So, this creature gets life...
    February 22, 2013 5:48 pm
    without parole, which means some corrections officer who draws the short straw is going to have to wipe, bathe, dress, and literally be his attendant for the next several decades. It makes me sick. I'm willing to give him swimming lessons at the deep end of the pool, no charge.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • gomariners wrote...
    Stunned
    February 22, 2013 5:49 pm
    I can't put the words that I want on this site so instead I will give the contact info for him AND his boss. I urge anyone who's interested to contact both of them. I have already done so... Moron: Name: Ronald Kessler Title: Chief Criminal Judge Email: ronald.kessler@kingcounty.gov Primary Phone: 206-296-9113 Fax: 206-296-0986 Reports To: Richard McDermott King County Courthouse 516 Third Ave Rm 203 Seattle, WA 98104 His boss: Name: Richard McDermott Title: Presiding Judge Email: richard.mcdermott@kingcounty.gov Primary Phone: 206-296-9115 Fax: 206-205-1360 To contact Satterberg to urge him to fight this INSANE decision: dan.satterberg@kingcounty.gov 206-296-9067
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    Come on Ace Jackwagon
    February 22, 2013 6:28 pm
    tell what you think!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Tyrone DeVille wrote...
    Four, Count Them 4 Taxpayer Paid!
    February 22, 2013 8:27 pm
    Defenders of the guilty consoling Christopher that he would not be hung. Lawyers deserve the same fate as their parasite clients!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }