High Court hears appeal in case of murdered Seattle cop
Jun 27, 2013, 12:54 PM | Updated: 2:26 pm
The Washington State Supreme Court could decide if the man charged with killing a Seattle Police officer in 2009 can face the death penalty.
The trial judge in the aggravated murder trial of Christopher Monfort ruled this year that King County Prosecuting Attorney Dan Satterberg abused his discretion in his decision to seek the death penalty.
The high court heard arguments Thursday.
The prosecutor filed his intent to seek the death penalty before Monfort’s defense team turned in a mitigation package. Prosecutor Deborah Dwyer told justices the defense missed multiple deadlines to submit its arguments. In the meantime, she said, the prosecution conducted its own investigation, interviewing family and associates of Monfort.
“They were telephone interviews, these were people that Mr. Monfort had associated with in college and at work. These were family members, friends, these were employers and teachers, 25 people,” said Dwyer.
Monfort attorney Suzanne Elliot told the high court that the trial judge repeatedly pointed out that the defense was working on a mitigation package. In fact, she said, a mitigation package was ultimately presented to the prosecutor after he made his decision to seek the death penalty.
“We have presented him with 300 pages of evidence that there is extreme mental distress in this case as well as delusional disorder and we’ve pled insanity,” said Elliot.
Dwyer acknowledged to justices that the prosecuting attorney received the defense mitigation package.
“He met with defense counsel and he recently sent a letter saying he was maintaining his position that there are not sufficient mitigating circumstances to merit leniency,” Dwyer emphasized.
Dwyer told the high court that the Legislature deliberately rested the decision on whether to seek the death penalty with elected prosecutors, not with the courts. She asked that the high court vacate the trial judge’s decision and allow the trial to go forward as a death penalty case.
Christopher Monfort is accused of shooting Seattle police Officer Tim Brenton in 2009 on Halloween night, wounding another officer and setting fires to police cars earlier in the month. He has pleaded not guilty by reason of insanity to charges of aggravated murder, attempted murder and arson.
