A Snohomish County judge Tuesday said she’s tired of uncertainty in the timing of trials for the men accused in the 2002 slaying of Rachel Burkheimer.
Superior Court Judge Linda Krese told lawyers for John Anderson, 21, and John Whitaker, 23, that she wants to set firm dates for when the men will go to trial on aggravated murder charges.
But even as she signed orders rescheduling the Everett men for trial in April, the judge said she understands plans may change after a hearing Friday for another of the co-defendants, Yusef "Kevin" Jihad.
Some predictability is needed, and soon, because "from the court’s point of view, this is not workable," Krese said.
The judge’s comments came as she listened to lawyers explain scheduling issues that sounded like the courtroom equivalent of musical chairs.
Whitaker’s attorney, John Muenster, on Tuesday said his client’s scheduled trial date of March 15 was unworkable. He said there was simply too much yet to do in preparing for trial, and too little time.
Deputy prosecutor Michael Downes said he was ready to bring Whitaker to trial as scheduled, but only if Jihad’s trial, now scheduled for March 8, doesn’t start on time. Jihad’s attorney is scheduled Friday to ask another judge to continue the case.
Downes also added his own scheduling twist. If Jihad’s trial is delayed, the prosecutor said he will ask the court to order Jihad’s case joined with Anderson’s, a move that would allow him to try both men at the same time.
Anderson’s attorney, public defender Susan Gaer, vowed to vigorously resist that idea. Krese also said she wouldn’t be able to rule on such a motion because Jihad’s attorney already has filed an affidavit against having her decide matters in his client’s case.
Krese and the lawyers on Tuesday agreed to delay trials for Anderson and Whitaker with an understanding that the dates may shift again, depending on rulings in Jihad’s case. A hearing is set March 5 to fine-tune the schedule.
Prosecutors allege that Jihad was the leader of an Everett-based crime group and that he ordered Burkheimer’s killing.
Burkheimer, 18, of Marysville was tied up and beaten in a garage at an Everett duplex. She was then driven to the Cascade Mountain foothills near Gold Bar, forced into a grave and shot.
Anderson, Whitaker and Jihad all face life in prison without release if convicted as charged.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
