EVERETT — Correspondence that Byron Scherf reportedly mailed to prosecutors and Superior Court clerks earlier this month is at the heart of the latest legal wrangling in the murder case against the Monroe inmate.
A May 3 letter and three-page pleading indicate that Scherf wants to represent himself, according to court papers filed earlier this week in Snohomish County Superior Court.
Scherf, 52, is accused of killing corrections officer Jayme Biendl on Jan. 29 at her post in the prison chapel. He is charged with aggravated murder and prosecutors are seeking the death penalty.
Prosecutors, over objections by the defense, tried to discuss the correspondence at a hearing earlier this month.
Superior Court Judge Thomas Wynne quickly shut the lawyers down, saying he wasn’t going to hear arguments on a motion that hadn’t been filed with the court.
Prosecutors have since learned that court clerks received mail from Scherf on May 5. The correspondence, however, wasn’t filed into the court record. Instead a clerk gave the unopened mail to a legal assistant to Scherf’s defense attorney, Karen Halverson.
A clerk supervisor later reported that Halverson called her May 4 and told her that Scherf had mailed something to the clerk’s office. Halverson said she had Scherf’s permission to intercept the envelope, according to court papers.
Prosecutors on Wednesday filed a motion asking for some direction from the court with regards to the correspondence. They requested that Wynne ask Scherf if he wants to be heard on any motion.
Prosecutors said they are concerned that if Scherf wants to represent himself and isn’t given the chance to be heard on the motion, it could put any conviction in jeopardy.
“The state has no preference as to who represents the defendant or if he represents himself. The state does, however, have a significant interest to make sure that all of Mr. Scherf’s rights are protected. The state also has significant interests in making sure that the defendant has full access to the courts and that the record for appeal is as complete as possible,” Snohomish County deputy prosecutor Paul Stern wrote.
Scherf’s attorneys argue that prosecutors never should have opened his letter when it arrived at their office. The defendant is represented by legal counsel and prosecutors have an ethical obligation to return the correspondence, unopened and unread, to his attorneys, Halverson wrote in court papers.
She has demanded that prosecutors return the letter and any copies to her and destroy any electronic versions.
Prosecuting Attorney Mark Roe personally responded to Halverson’s complaint. He denied that his office violated any ethical standards. He also declined to destroy the records, writing that doing so would violate the state’s public records law.
After the May 9 hearing, The Herald and other media requested copies of the correspondence. The prosecutor’s office notified Scherf’s attorneys that they planned to release the documents Friday.
Halverson on Thursday successfully blocked release of the paperwork until a hearing is held on the matter. That hearing is scheduled for May 27.
Halverson argued that Scherf’s correspondence doesn’t meet the definition of a public record.
“Rather, it contained only Mr. Scherf’s own fleeting opinion regarding issues related to his own understandably stressful circumstances,” she wrote.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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