EVERETT — A Snohomish County Superior Court judge wasn’t ready Friday to say if she’s tossing out a jury’s verdict and granting John Whitaker a new trial.
On Wednesday, after a day-long hearing that included testimony from 15 jurors, Judge Linda Krese told lawyers that she planned to issue a written decision Friday. Both sides were notified Friday afternoon that Krese was still working on her ruling. It could be filed early next week.
At this point, Whitaker is scheduled to be sentenced Sept. 23. A jury in June convicted him of aggravated murder in the 2002 killing of Rachel Rose Burkheimer.
The 18-year-old Marysville girl was beaten, stuffed in a duffle bag and driven to the Cascade foothills. Her ex-boyfriend, John “Diggy” Anderson, shot her multiple times. Whitaker was accused of assaulting Burkheimer, taking part in her kidnapping, digging a makeshift grave and covering up the crime.
His attorneys, the team of Peter Offenbecher and his son Cooper Offenbecher, filed multiple motions for a mistrial and arrest of judgment. They argued that Whitaker’s trial was so flawed that the only remedy is a redo.
They attacked it on multiple fronts, alleging the court mishandled contentious jury deliberations that led to one juror being carried out of the courthouse on a stretcher. The juror, identified in court papers as Juror No. 2, accused the rest of the panel of railroading Whitaker. He also claimed that he’d been threatened by a fellow juror.
At one point the man refused to deliberate and left the jury room. He waited alone in a different room while the judge and lawyers discussed what steps to take next. Krese eventually sent jurors home for the day with instructions to return the next morning.
The jury appeared to resume deliberations the next day, but soon Juror No. 2 complained of chest pains. He was taken away by paramedics. Krese excused the man from the jury when it became clear that he would remain hospitalized. He testified Wednesday that he’d suffered a heart attack — his fourth.
An alternate juror, who’d listened to all the testimony, was brought in and Krese instructed the jury to begin their deliberations anew. Before the day was over, the jury convicted Whitaker.
The Offenbechers argued that Whitaker’s right to a fair and public trial was violated when Juror No. 2 was separated and engaged in a private conversation with the judge’s law clerk. They also alleged jury misconduct. Juror No. 2 wrote in an affidavit that an emotional juror said “I hope they fry the (expletive) bastard” after hearing the medical examiner’s testimony.
The defense attorneys also attacked prosecutors for failing to disclose information about a potential witness and for revealing to jurors that Whitaker invoked his right to an attorney.
This was the second trial for Whitaker, 36. The state Court of Appeals overturned his 2004 aggravated murder conviction based on case law that didn’t exist at the time of his trial. The courtroom was closed for a short time while a handful of prospective jurors were questioned about their fitness to hear evidence in the case.
Sept. 23 will mark 14 years since Burkheimer’s death.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
