By Scott North
Herald Writer
An Everett woman on Thursday gained an extra month to try to convince Snohomish County prosecutors not to seek the death penalty for her alleged role in the April 2001 slaying of her landlord.
Barbara Opel, 38, is charged with aggravated first-degree murder in the bludgeoning and stabbing death of Jerry Heimann, 64. Prosecutors say she convinced a group of teen-agers, including her own daughter, to kill Heimann so she could loot his bank accounts.
Lawyers for the mother of three want her children evaluated by a psychologist to determine the potential impact that a death sentence for Opel could have on their mental health.
"It is important to understand that her children already have and will be additionally harmed" if their mother receives the death sentence, said Brian Phillips, one of Opel’s attorneys.
Prosecutors were to have announced by June 15 whether they will seek Opel’s execution. But at a Snohomish County Superior Court hearing, Opel’s lawyers won extra time to present more information that may mitigate against the death penalty. Deputy prosecutor George Appel said his office did not resist the defense motion.
Most of Thursday’s hearing occurred behind closed doors because lawyers were discussing matters related to the welfare of Opel’s children.
Under court order signed Thursday, prosecutors now won’t announce their decision on the death penalty until July 15, giving them time to examine the additional information Opel’s lawyers want considered.
Prosecutors in death penalty cases routinely ask the defense to supply information that may argue for mercy. The same evidence is usually admissible during a death penalty trial. By law, jurors must find beyond a reasonable doubt that the defendant is not only guilty, but insufficient grounds exist to merit leniency.
Opel’s trial is scheduled for September. She is not accused of actually killing Heimann. Instead, prosecutors allege she convinced her then-13-year-old daughter, Heather, and four of the child’s teen-age friends to kill Heimann in exchange for promises of cash, gifts and free roller skating.
All of the teens, except for Heather Opel, have pleaded guilty. The girl, now 14, jailed and facing adult murder charges, recently wrote a judge indicating her desire to plead guilty as well. Her trial is scheduled for October.
Opel’s other children, a boy, then 11, and a daughter, then 7, were in the home during the killing. She allegedly had them help clean up afterward. The boy has since been jailed for a juvenile offense. Phillips said he couldn’t discuss the youngest daughter’s whereabouts.
Opel and her children were living in Heimann’s home because he had hired her to act as the caregiver for his elderly mother.
You can call Herald Writer Scott North at 425-339-3431 or send e-mail to north@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
