EVERETT — A convicted rapist charged with the Jan. 29 killing of Monroe corrections officer Jayme Biendl apparently isn’t happy with his attorneys’ efforts to spare him from a possible death sentence.
What Byron Scherf’s complaints are, however, and what he wants to happen, remained murky Monday after a brief hearing in Snohomish County Superior Court.
Scherf, who is locked up at the county jail in Everett, late last week sent prosecutors some sort of written communication. Deputy prosecutor Paul Stern in court Monday described it as a letter and also a possible legal motion.
Whatever the correspondence is, prosecutors should not have opened and read it, regardless of whether Scherf sent it addressed to them, defense attorney Karen Halverson told Judge Thomas Wynne. Scherf is represented by legal counsel, and prosecutors should have turned the correspondence over to them, she said.
Halverson shot to her feet Monday and repeatedly objected when Stern told Wynne that he wanted the correspondence with Scherf put on the record.
The document is related to a defense motion filed last week, arguing that prosecutors should not be allowed to seek death for Scherf because the notice allegedly was filed wrong, the judge was told.
“Whatever you’ve received, Mr. Stern, I’m not going to take it up at this time,” Wynne said. The court will hear arguments on motions, but only when a motion is filed, the judge said.
Deputy prosecutor Ed Stemler told Wynne direction was needed right away. Over Halverson’s objections, he offered the clearest description of Scherf’s correspondence.
“The problem is Mr. Scherf’s complaint is that his attorneys are not carrying out his wishes,” Stemler said.
He also said Scherf wanted his concerns addressed before the court rules on the defense motion to toss out the death penalty.
Wynne was firm: There was no motion before the court, regardless of the correspondence received by prosecutors. Until that changes, there is nothing to discuss.
Scherf’s aggravated murder trial now is scheduled for July 29, although his defense attorneys already have said they likely will seek more time to prepare.
Lawyers from both sides Monday agreed to a July 11 hearing to take up legal questions, including the defense motion to remove the death penalty as a possible punishment.
Scherf, who is serving a life sentence for repeated rapes and other attacks on women, allegedly attacked Biendl on Jan. 29, near the end of her shift at the prison chapel in the Washington State Reformatory. She fought back. Scherf was bleeding from injuries when he was found outside the chapel.
Scherf initially claimed the injuries were caused by other inmates jumping him, but later acknowledged they happened while he struggled with Biendl, according to court papers.
When they charged him with aggravated murder, prosecutors said in court papers that Scherf wrote them not long after his arrest to say that he planned to plead guilty and expected a death sentence.
Prosecutors Monday declined to make Scherf’s recent correspondence available or to characterize its contents in greater detail. They also would not respond to Halverson’s contention that it was improper to open mail sent to them by Scherf.
“Whatever talking we do about this case will be in court,” Prosecuting Attorney Mark Roe said.
Scott North: 425-339-3431; snorth@heraldnet.com
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