Lawyers on Monday spent more than two hours arguing over whether a woman charged with aggravated murder should have access to coffee, tea, Cocoa Puffs and candy bars while she's locked up in the Snohomish County Jail.
More than two hours. That's not a typo. And they're still not done arguing over snacks. Another hearing is scheduled for March, when a judge is expected to decide if jail staff must allow the woman access to the jail's commissary.
There's no doubt that aggravated murder cases are complicated, highly-litigated and often require numerous pre-trial hearings. Those hearings usually focus on protecting the defendant's rights to a fair trial – not their choice of snacks.
But attorneys for both Holly Grigsby and David “Joey” Pedersen have filed motions complaining about jail conditions, mainly that their clients are cut off from the jail store and can't supplement the three meals a day they're provided.
The pair are accused of killing David “Red" Pedersen and his wife, DeeDee , of Everett last fall. Investigators also believe they killed two other people -- an Oregon teenager and a disabled California man – before their capture in northern California.
The Oregon couple have ties to white supremacist groups. Grigsby allegedly has made statements that the Oregon teen, Cody Myers was killed because he had a “Jewish sounding” last name. Meyers was a Christian. Grigsby also has allegedly made statements that Reginald Clark was shot to death in California because she believed he had a drug problem. Clark was black.
Snohomish County Prosecuting Attorney Mark Roe is expected to decide by April 20 if he'll seek the death penalty for pair.
At a hearing Monday, Pedersen and Grigsby, both in shackles, flirted with each other. He winked. She smiled. Jail officials testified that the pair were immediately classified as maximum security inmates because of the nature of the charges against them and the possibility that prosecutors may seek the death penalty. Jail staff also considered their flight from justice spanning three states, the potential for similar charges out of Oregon and California and the media attention that the case attracted.
They both gave interviews to reporters while sitting in a California jail awaiting extradition to Washington. At least one Oregon newspaper reporter tried to set up interviews with the pair at the jail here.
The maximum security classification meant that Pedersen was denied access to the jail's store. The jail also changed their policy in December for high-security risk female inmates, cutting them off from making purchases from the commissary and bringing the policy more in line with the male population.
Jail staff say allowing inmates, like Pedersen and Grigsby, access to snacks is a security issue. Yes, crooks can abuse access to a Snickers, using it to barter with other inmates for favors. Sugary snacks also can be used for making jailhouse hooch – a crude form of alcohol.
Grigsby has received several violations since she's been incarcerated, including trying to brew alcohol in her cell and trying to communicate with Pedersen through a reverse mail scam.
She's now jonesing for Cocoa Puffs and coffee.
Defense attorney Pete Mazzone, in a lengthy soliloquy, argued that it's against his client's constitutional rights to deny her access to the commissary based on the nature of the charge against her. He complained that she has no way to change her security classification. He tried to debunk the notion that a bowl of cereal and an Almond Joy are security risks.
Grigsby had something taken away from her and she has no say in the matter, Mazzone said.
DeeDee Pedersen's daughter and friends were in the courtroom on Monday.
Superior Court Judge Linda Krese is expected to hear testimony on behalf of Pedersen in March. He's back from Western State Hospital but there's no word on whether he's been deemed competent to stand trial. His lawyers want him to testify about the jail conditions. Krese won't take testimony from him until she knows that he's competent.
The judge said she'll make a decision in March. In the meantime, she said it would be helpful to know what items inmates can purchase.
That'll make hearing No. 3.
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