By Scott North
Herald Writer
First, an Everett teen-ager charged with murder wrote a letter saying she wanted to plead guilty. Then, on Thursday, her attorney said she wanted to resign from the case.
Uncertainty now reigns in the case of Heather Lynn Opel, 14, who is accused of the April 2001 killing of Jerry Heimann, 64.
Michele Shaw of Seattle on Thursday told Snohomish County Superior Court Judge Linda Krese she no longer can represent Opel. Shaw declined to discuss the reasons for her request, and unsuccessfully sought to have Thursday’s hearing conducted behind closed doors.
The teen is facing an adult first-degree murder charge. On March 18, she wrote prosecutors saying she wanted to plead guilty, a move that likely would send her to prison for a minimum of 22 years. Shaw refuses to discuss that option, Opel wrote.
The lawyer can’t withdraw from the case without the judge’s permission. During Thursday’s hearing, Shaw told the judge that to outline her reasons would violate the confidential relationship she has with her young client.
A document the lawyer provided prosecutors cited general rules governing lawyer’s conduct, but offered no specifics.
Krese told Opel she will appoint another lawyer to advise the teen on her right to object to Shaw’s withdrawal request.
"I feel it would be useful for Heather in her situation to have an opportunity to talk with an attorney," Krese said.
Deputy prosecutors George Appel and Chris Dickinson raised no objection. They had asked Krese to conduct a hearing to determine whether Opel has been adequately advised by Shaw regarding the prosecution’s plea offer.
Shaw countered with a motion questioning Opel’s competency and ability to make a decision that could send her to prison for decades.
Krese on Thursday said there is no evidence before her to suggest that Opel is incompetent.
Opel’s trial is set for June 3. While a new attorney may agree to represent her in a guilty plea, it is unlikely that would happen for some time because the lawyer would need substantial time to review the case file, which contains more than 1,400 pages of police reports, plus lengthy interview transcripts, prosecutors said.
"The practical result is more delay," Dickinson said.
Opel is accused of killing Heimann as part of a plan hatched by her mother, Barbara Opel, 38, who had been hired to care for the slain man’s mother. Along with four other teens, Heather Opel is accused of beating and stabbing the man to death as he walked through the door of the home he shared with his elderly mother.
Barbara Opel is charged with aggravated murder, and prosecutors are considering asking for the death penalty. The younger Opel and most of the other teens involved were initially charged as juveniles, but their cases were moved to adult court.
The Opels are the only defendants involved in the Heimann murder whose cases remain unresolved.
You can call Herald Writer Scott North at 425-339-3431
or send e-mail to north@heraldnet.com.
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