An Arlington man convicted of trying to have his ex-wife and her family killed is starting to wear out lawyers like a race driver wears out tires.
Mitchell Lee Varnell, 42, was in court Thursday telling a Snohomish County Superior Court judge that he wants to fire his attorney, public defender Garth McCardle.
McCardle was appointed to handle Varnell’s motion for a new trial and sentencing after the Arlington defendant fired the two lawyers who were with him during his July trial, Harvey Chamberlin of Everett and Jim White of Edmonds.
Varnell, who had to qualify as indigent to have a public defender appointed for him, now says he may be able to raise the money to hire a private attorney to argue for another jury trial.
Judge Linda Krese listened patiently to Varnell for about 45 minutes as he relayed a number of complaints, including charges that jail staff took away the mattresses he needs to rest an ailing back and that he’s not always getting his medications in a timely manner.
He also complained about lack of access to a telephone in the jail so he could contact an attorney. His telephone use was limited by court order early this year because prosecutors believed he was abusing his phone privileges.
Varnell alleged that his previous attorneys were ineffective. He told Krese on Thursday that he wants to get rid of McCardle because the public defender has not tried a "murder-related case."
Krese told him McCardle is certainly capable of reviewing trial transcripts and looking for issues to raise in his motion for a new trial.
"I have no reason to believe Mr. McCardle is not competent to handle this case," she said.
Nonetheless, if he can come up with the money, he would be able to fire McCardle and hire his own lawyer.
The judge signed an order allowing Varnell to call lawyers as part of his search. She also said she would allow him to call some of his relatives if he provides a list of names and telephone numbers that jail staff can dial.
His motion for a new trial and uncertainty over who is representing him has caused a lengthy delay in sentencing. Under ordinary circumstances, Varnell would have been sentenced to prison weeks ago. He’s facing between 75 and 100 years behind bars after a jury convicted him of five counts of solicitation to commit first-degree murder.
The former owner of an excavating business, Varnell was accused of asking an undercover sheriff’s deputy to kill his ex-wife and three members of her family in February 2002. A secretary also testified that he asked her to kill the ex-wife.
Jurors heard a recording of Varnell complaints that his ex-wife had custody of his children, and if she died her parents or brother would get custody.
At trial, Varnell told jurors that he still loves his ex-wife, and he spoke to a supposed hit man only to create a dire situation in which he could step in and become the hero.
He also is scheduled for trial in November on a separate burglary charge for allegedly breaking into a family’s home and writing threatening and obscene messages throughout.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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