Delay likely in 2nd cold-case trial

EVERETT — A Snohomish County cold-case murder prosecution appears headed toward hibernation while the defendant attempts to overturn his conviction for another killing.

Danny Ross Giles , 47, is scheduled to face trial next month, charged with first-degree murder in the May 1995 disappearance of Tracey Brazzel, whose body has never been found.

That schedule now appears unlikely, Snohomish County Superior Court Judge Bruce Weiss was told during a brief hearing Tuesday.

Lawyers are negotiating legal options to delay trial on the Brazzel case until after it becomes clear whether Giles will be successful in appealing his October conviction in the July 1995 murder of Patti Berry.

Giles participated in Tuesday’s hearing via telephone from Clallam Bay Corrections Center. That’s where he’s locked up, serving 47.5 years for Berry’s murder, the maximum under state sentencing guidelines.

Deputy prosecutor Craig Matheson told the judge that he and public defender Neal Friedman agree the best path would be to put the Brazzel case on hold and arrange deposition testimony from some potential witnesses.

Once that is accomplished, the Brazzel charge would be dismissed. There is no statute of limitations on murder and prosecutors could refile if new evidence emerges or Giles is successful in overturning his conviction, the judge was told.

One unresolved issue is whether Giles must be present for the depositions of potential witnesses in the Brazzel case.

Friedman said he met with Giles recently and it was clear that his client doesn’t want to be brought back to Everett to assist his attorneys in gathering testimony.

Matheson said he wants to discuss with prosecutors who specialize in appellate law to determine whether Giles’ absence could present a problem if the case ever goes to trial.

Giles has some ability to affect what happens, because as long as the Brazzel charge remains filed he has a right to a speedy trial. On Tuesday, Giles balked at talk of rescheduling trial until late June to give lawyers more time to work out the next steps.

“I did not agree to continue the trial,” Giles said.

Weiss set another hearing for later this week.

Brazzel was 22 and working as a hairstylist when she dropped from sight nearly two decades ago. No trace of her has been found, despite searches by detectives and her family.

Giles in 2012 was charged with Brazzel’s killing after genetic tests that previously hadn’t been available turned up his DNA in a blood-like spot. It had been collected from the exterior of her car at the time she disappeared.

He also was charged with Berry’s killing after similar tests found Giles’ DNA was on the steering wheel of her car.

Unlike the Brazzel case, Berry’s body was found. She’d been fatally stabbed.

Giles’ attorneys succeeded in convincing the judge to sever the cases for separate trials. He denied their request that the Brazzel case be tossed out for lack of evidence, however.

When confronted by detectives, Giles denied having anything to do with Brazzel’s disappearance. Later he wrote a jailhouse letter that reportedly contained descriptions of himself in Brazzel’s apartment and car, supposedly to purchase drugs. At the time, detectives had convinced Giles there was substantial physical evidence tying him to Brazzel.

Scott North: 425-339-3431; north@heraldnet.com. Twitter: @snorthnews

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Bodies of two men recovered after falling into Eagle Falls near Index

Two men fell into the falls and did not resurface Saturday, authorities said. After a recovery effort, two bodies were found.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.