An Everett man abandoned his attempt Friday to delay his murder trial after being told that Snohomish County prosecutors hoped to link his case with a co-defendant’s.
An attorney for Yusef "Kevin" Jihad, 33, said his client already believes he can’t get a fair trial and that seeking a delay would serve little purpose.
Jihad attorney Mickey Krom said that would be particularly true if prosecutors made good on a threat to join Jihad’s trial with that of John Phillip Anderson, 21, also of Everett.
Jihad and Anderson are charged with aggravated murder in the September 2002 slaying of Rachel Burkheimer. Prosecutors allege that Jihad ordered the killing, and Anderson, a former boyfriend of Burkheimer’s, pulled the trigger after first abducting and beating the 18-year-old Marysville woman.
Given the nature of the allegations, "we believe Pope John Paul II couldn’t get a fair trial" with Anderson as a co-defendant, Krom told Superior Court Judge James Allendoerfer.
Krom said his client shouldn’t have been put in a position where he’d have to chose between a trial when his lawyer is fully prepared or a trial where he could be prejudiced by a co-defendant.
Deputy prosecutor Michael Downes said Krom was overreaching in his complaints about fairness. Prosecutors needed to let Jihad and his lawyer know they wanted to join the Anderson and Jihad trials, but that is a far cry from making that happen, Downes said. At this point, only a judge could order the cases joined, and that hasn’t happened.
Allendoerfer told lawyers on both sides to prepare to begin picking a jury for Jihad on March 9. The judge said he expects opening statements on March 15.
Trials for Anderson and John Whitaker, 23, are scheduled for April 19, although that may change in the coming weeks.
In addition to aggravated murder, Jihad is charged with first-degree kidnapping and conspiracy. He has pleaded innocent to all charges.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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