By Jim Haley
Herald Writer
A 14-year-old girl accused of first-degree murder has written to a Snohomish County deputy prosecutor saying she wants to take advantage of a plea offer that could someday allow her to graduate from college and "succeed in the career I want to have in the future."
Heather Lynn Opel’s attorney said in court papers Tuesday she doesn’t think her young client is competent to make the decision to plead guilty.
The girl, who was 13 when Jerry Heimann, 64, was bludgeoned and stabbed to death by several young people, took the unusual step of writing to the prosecutor because her lawyer, Michelle Shaw of Seattle, "has been telling me that she doesn’t want to talk about it. So, that’s how I think she doesn’t want me to take it."
Shaw said the girl has been offered a deal that would allow her to plead guilty to murder with a recommendation that could allow her desired future.
Shaw noted in court papers filed Tuesday that one of Opel’s closest friends, 14-yer-old Marriam D. Oliver, last week decided not to fight her first-degree murder charge. Oliver submitted to a trial where the judge will use police reports and is expected to find her guilty. She faces 22 years in prison.
Shaw indicated in court papers that Opel is looking for a similar sentence.
Lawyers for Opel and Oliver are still challenging a judge’s decision to try them as adults instead of juveniles. Juvenile Court retains jurisdiction only until defendants turn age 21.
Shaw did not respond to several attempts to reach her.
Court papers filed Tuesday, however, indicate that prosecutors have threatened to increase the charge from first-degree murder to aggravated murder if Opel doesn’t accept the offer. A conviction of aggravated murder would keep her imprisoned for life.
Opel’s letter was written to George Appel, who declined to talk about possible plea offers outside of court.
Shaw said in court papers she consulted with a clinical psychologist and a forensic psychologist after hearing about Opel’s letter to Appel. Both "raised the issue of Ms. Opel’s competency, and her capacity to make this decision," Shaw wrote.
A hearing is scheduled for Thursday in Snohomish County Superior Court.
Shaw, who admitted in papers she was surprised by the letter, filed a declaration supporting a motion for more time before Opel enters a plea or the prosecutor escalates the charges to aggravated murder.
She said Dr. Kenneth Muscatel, a forensic psychologist, said there’s a potential mental defense for both first-degree murder and aggravated murder charges. According to Shaw’s declaration, Muscatel sees it as "absolutely necessary" for him to complete testing the girl.
Shaw said it’s likely that a competency hearing will be needed prior to any possible plea by Opel.
"Given the concerns … it appears that it would be in the best interest of the state, the defense and the court to be cautious at this time," Shaw wrote.
Neatly printed on notebook paper, Opel wrote to Appel that she has wanted to plead guilty for "a long time."
She raised questions about whether her incarceration at the Denney Juvenile Justice Center will be counted in her prison sentence, and she asked Appel to talk with her.
Three other young teens have been convicted, two in adult court.
The alleged ringleader of the murder plot, Heather’s mother, Barbara Opel, stands charged with aggravated murder. Prosecutors have not yet decided if they will seek the death penalty.
The state alleges that Barbara Opel, 38, was the caregiver for Heimann’s elderly mother when she formed the plot to kill him and drain his bank account. Each of the teen-agers was promised something.
Heather Opel wrote in her diary that she was promised a dirt bike if she participated in the killing.
Heather Opel’s former boyfriend, 17-year-old Jefrey Grote, has pleaded guilty and was sentenced to 50 years in prison.
You can call Herald Writer Jim Haley at 425-339-3447
or send e-mail to haley@heraldnet.com.
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