Judge to allow testimony of crime ring
Published 9:00 pm Monday, February 9, 2004
The jury for two men charged with conspiracy, kidnapping and murder in the 2002 killing of Rachel Burkheimer will hear about the pair’s alleged involvement in a crime group, but not the organization’s purported name.
Snohomish County Superior Court Judge James Allendoerfer made that decision Monday on the eve of jury selection in the trial of Jeff Barth and Yusef Jihad.
Referring to the group by its supposed name could be prejudicial, the judge ruled. But he stopped short of granting the request of defense attorneys to bar any evidence about the crime ring.
Jihad’s attorney, Mickey Krom, said there is no evidence that a criminal group was behind the abduction, beating and shooting of Burkheimer, 18, of Marysville.
He said that talk of such a group is "nonsense," and argued that a more probable explanation for Burkheimer’s killing was the jealousy of her former boyfriend, John Anderson, who is one of two men charged with aggravated murder in the case.
Deputy prosecutor Michael Downes said Krom’s explanation may make sense for Anderson, but doesn’t account for the alleged involvement of Jihad and others.
"They were this stupid, little Snohomish County crime family," and evidence will show that Jihad was the leader, Downes said.
Allendoerfer told the prosecutor he can introduce evidence that Jihad and others feared Burkheimer was trying to lure them into a confrontation with the group’s enemies.
Barth, 23, and Jihad, 33, both of Everett, are among eight men charged with playing a role in the young woman’s killing.
Jury selection is expected to take much of this week. Allendoerfer has told lawyers to prepare for opening statements on Friday.
Among the expected witnesses will be four co-defendants who already have pleaded guilty to charges as serious as first-degree murder.
Krom said he expects Jihad to testify as well.
Aggravated murder trials for Anderson, 21, and John Whitaker, 23, both of Everett, are scheduled for March and April. If convicted, Anderson and Whitaker face life in prison without release.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
