Opening statements expected in Scherf trial

EVERETT — More than two years after Monroe corrections officer Jayme Biendl was found dead inside the chapel at the Washington State Reformatory, the trial of the inmate accused of strangling her is expected to get underway today.

Officials say it has cost Snohomish County more than $365,000 to get to this point.

Lawyers on Tuesday wrapped up jury selection. They spent a month choosing a dozen people to decide Byron Scherf’s fate. The panel also includes three alternates.

The jury is expected to hear opening statements this morning.

The trial likely will take weeks. Dozens of witnesses are scheduled to testify, including corrections officers, homicide detectives and prison inmates. If Scherf is convicted of aggravated murder, jurors then will be asked to decide if he should be sentenced to death. Prosecutors will have to prove that there are insufficient reasons to spare his life.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The defense made several pretrial attempts to strike down the death penalty as a possible punishment. The arguments attacked Snohomish County Prosecuting Attorney Mark Roe’s decision to seek Scherf’s execution without reviewing any information prepared by the defense about why the inmate could merit leniency.

Roe announced plans to seek the death penalty the day before Scherf was arraigned. At the time, Roe said he had studied volumes of information about the convicted rapist, readily available because Scherf, 54, has been in prison most of his adult life.

On Jan. 29, 2011, Scherf was serving a life sentence under the state’s persistent offender law. He was convicted of his third strike in 1997 for the rape and assault of a Spokane real estate agent two years earlier. His other strikes also were violent crimes against women, including a 16-year-old.

Scherf confessed to killing post for the night. There was no evidence that Biendl, 34, was sexually assaulted and Scherf said he did not intend to rape her. He told detectives that Biendl fought him and tried to call for help, but he ripped the radio from her.

Corrections officers found Sherf sitting in the foyer of the chapel after realizing he wasn’t in his cell during a routine inmate count. Biendl was found two hours later, after a shift officer in the main control area discovered that her radio and keys were missing.

A prison investigation later led to the firing of three corrections officers. Others were demoted and disciplined. Scherf, a prolific letter writer, had sent prison officials a note suggesting that any meaningful investigation would uncover why there was no officer posted between the tower and chapel during the time he admitted to slipping back to kill Biendl.

Within days of Biendl’s death, Scherf also wrote detectives and prosecutors, saying he wanted to plead guilty. He urged authorities to seek the death penalty. He wrote that Biendl’s family deserved swift justice. After being advised of his rights, he agreed to videotaped interviews with investigators. He spoke against the advice of his then-attorney.

Scherf later wrote The Daily Herald that his motivation to now fight prosecution and punishment was over being denied jail privileges he believed sheriff’s detectives promised him.

As of December, Snohomish County had billed the state Department of Corrections $365,000 to cover costs associated with the Scherf case. The amount includes services incurred by various government offices, including the county sheriff, prosecutor, corrections, medical examiner, superior court clerk and court administration. Included in the total is what the defense has requested for an investigator and experts to assist defending Scherf at trial as well as to explore why a jury should show leniency if he’s convicted.

The amount does not include fees for Scherf’s lawyers. The Office of Public Defense has a separate contract with the state Department of Corrections to reimburse the hours billed by Karen Halverson and Jon Scott.

So far, the state has reimbursed the county just under $140,000.

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.

More in Local News

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

Snohomish County prosecutor Kara Van Slyck delivers closing statement during the trial of Christian Sayre at the Snohomish County Courthouse on Thursday, May 8, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Jury deliberations begin in the fourth trial of former Everett bar owner

Jury members deliberated for about 2 hours before Snohomish County Superior Court Judge Millie Judge sent them home until Monday.

Christian Sayre sits in the courtroom before the start of jury selection on Tuesday, April 29, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Christian Sayre timeline

FEBRUARY 2020 A woman reports a sexual assault by Sayre. Her sexual… Continue reading

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Commuters from Whidbey Island disembark their vehicles from the ferry Tokitae on Wednesday, Feb. 28, 2018 in Mukilteo, Wa.  (Andy Bronson / The Herald)
Bids for five new hybrid ferries come in high

It’s raising doubts about the state’s plans to construct up to five new hybrid-electric vessels with the $1.3 billion lawmakers have set aside.

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Christian Sayre walks out of the courtroom in handcuffs after being found guilty on two counts of indecent liberties at the end of his trial at the Snohomish County Courthouse on Monday, May 12, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Former bar owner convicted on two of three counts of sexual abuse

A jury deliberated for about 8 hours before returning guilty verdicts on two charges of indecent liberties Monday.

From left: Patrick Murphy, Shawn Carey and Justin Irish.
Northshore school board chooses 3 finalists in superintendent search

Shaun Carey, Justin Irish and Patrick Murphy currently serve as superintendents at Washington state school districts.

Paine Field Community Day returns Saturday, May 17

The youth-focused celebration will feature aircraft displays, talks with pilots and a variety of local food vendors.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.