Alleged killer Byron Scherf requests new judge, citing bias

EVERETT — A convicted rapist charged with killing a Monroe corrections officer wants a new judge to oversee his trial.

Byron Scherf wrote a scathing letter last week, accusing Snohomish County Superior Court Judge Thomas Wynne of being in “the prosecutor’s hip pocket.” He claimed that the veteran judge was biased against him.

Scherf questioned Wynne’s intelligence and criticized the judge’s previous rulings in the case.

“Judge Wynne gives me the distinct impression that he would like to ride out this case with the least amount of effort as possible,” Scherf wrote.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Scherf, 53, is accused of murdering Jayme Biendl in January at her post in the chapel at the Washington State Reformatory. Scherf was serving a life sentence for violent sex crimes against women. Biendl was strangled with an amplifier cord inside the chapel sanctuary. Scherf, a volunteer in the chapel, allegedly confessed to the murder, telling detectives that he became angry with Biendl after a conversation earlier in the evening.

His attorneys, Karen Halverson and Jon Scott, also filed a motion requesting that Wynne withdraw. The lawyers claim that there is an “appearance of bias and prejudice against Mr. Scherf in the case.”

They point to an Aug. 3 hearing when they requested that Wynne order prosecutors to identify which information Snohomish County Prosecuting Attorney Mark Roe considered before deciding to seek the death penalty for Scherf.

Wynne denied the motion, ruling that Roe had substantial documents to consider because Scherf had been locked up most of his adult life. The judge said he wasn’t inclined to compel Roe to reveal his thought process. He also pointed out that the defense attorneys still have the chance to provide Roe with additional materials that may make him reconsider seeking the death penalty.

Halverson and Scott claimed that Wynne offered opinions on issues that he had not been asked to review and “in doing so demonstrated his bias and prejudice in favor of the prosecutor’s office and against the accused, Byron Scherf.”

Prosecutors filed a response Monday, accusing the defense team of “judge-shopping,” and attempting to intimidate Wynne.

Lawyers have a right to file one affidavit of prejudice against a judge to keep him from hearing a case. The affidavit must be filed before the judge has made any ruling, Snohomish County deputy prosecutors Paul Stern and Ed Stemler wrote.

“The parties may not challenge the judge’s ability to continue hearing the matter because they do not like his or her ruling,” the prosecutors wrote.

Prosecutors couldn’t and didn’t ask for a new judge when Wynne ruled against them and ordered parts of the probable cause affidavit stricken from the record because he believed they could be prejudicial to the defendant, Stern and Stemler wrote.

Halverson and Scott accepted Wynne as the judge back in February and were well acquainted with his 19-year history on the bench. In the past decade neither defense lawyer has ever filed an affidavit of prejudice against Wynne, prosecutors wrote.

Stepping down from the case would set a “horrible precedent for Snohomish County,” Stern and Stemler wrote.

“It declares that defendants can remove a judge after they receive an unfavorable ruling, by merely making an allegation of prejudice,” they wrote.

Wynne is expected to take up the issue Thursday.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

Snohomish County prosecutor Kara Van Slyck delivers closing statement during the trial of Christian Sayre at the Snohomish County Courthouse on Thursday, May 8, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Jury deliberations begin in the fourth trial of former Everett bar owner

Jury members deliberated for about 2 hours before Snohomish County Superior Court Judge Millie Judge sent them home until Monday.

Christian Sayre sits in the courtroom before the start of jury selection on Tuesday, April 29, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Christian Sayre timeline

FEBRUARY 2020 A woman reports a sexual assault by Sayre. Her sexual… Continue reading

Christian Sayre walks out of the courtroom in handcuffs after being found guilty on two counts of indecent liberties at the end of his trial at the Snohomish County Courthouse on Monday, May 12, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Former bar owner convicted on two of three counts of sexual abuse

A jury deliberated for about 8 hours before returning guilty verdicts on two charges of indecent liberties Monday.

From left: Patrick Murphy, Shawn Carey and Justin Irish.
Northshore school board chooses 3 finalists in superintendent search

Shaun Carey, Justin Irish and Patrick Murphy currently serve as superintendents at Washington state school districts.

Paine Field Community Day returns Saturday, May 17

The youth-focused celebration will feature aircraft displays, talks with pilots and a variety of local food vendors.

FILE — Jet fuselages at Boeing’s fabrication site in Everett, Wash., Sept. 28, 2022. Some recently manufactured Boeing and Airbus jets have components made from titanium that was sold using fake documentation verifying the material’s authenticity, according to a supplier for the plane makers. (Jovelle Tamayo/The New York Times)
Boeing adding new space in Everett despite worker reduction

Boeing is expanding the amount of space it occupies in… Continue reading

Kyle Parker paddles his canoe along the Snohomish River next to Langus Riverfront Park on Thursday, May 8, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Tip to Tip: Kyle Parker begins his canoe journey across the country

The 24-year-old canoe fanatic started in Neah Bay and is making his way up the Skykomish River.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

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.