EVERETT — An Everett man is at risk of spending the rest of his life in prison after a Snohomish County judge ruled Friday that prosecutors may bring him to trial for aggravated murder in connection with the 2002 killing of Rachel Burkheimer.
Yusef "Kevin" Jihad, 33, was arraigned on the aggravated murder charge despite the objections of his defense attorney, Mickey Krom of Everett. Before the hearing, Jihad had been charged with first-degree murder and was at risk of decades in prison, instead of a lifetime.
Prosecutors moved to upgrade the charge Feb. 10 after a co-defendant in the case, Jeff Barth, 23, agreed to cooperate.
Barth alleged that Jihad, the leader of a budding crime group, told him he had ordered the 18-year-old Marysville woman’s murder.
Barth had been charged with murder but was allowed to plead guilty to the lesser charge of kidnapping after providing prosecutors with a sworn statement.
Krom spent most of an hour Friday arguing that prosecutors were overreaching with the allegations and acting too late in trying to upgrade the murder charge.
Jury selection for Jihad’s trial was to have begun the day Barth entered his plea. Superior Court Judge James Allendoerfer rescheduled the trial for March and took steps to summon a fresh pool of potential jurors.
That wasn’t enough, Krom argued. The lawyer said he now needed to interview at least 16 potential witnesses to rebut Barth’s anticipated testimony, and there simply wasn’t enough time.
He also told Allendoerfer that Barth’s story is suspect, and charged that deputy prosecutor Michael Downes had unfairly manipulated what the man said to bolster his case.
"It is my contention that Mr. Barth was anxious to please the police" and did everything he could to get the best deal, Krom said.
Downes countered that he was seeking justice for a young woman whom the evidence suggests was killed by a group acting under Jihad’s direction.
"This man ordered a murder of a young girl by seven people," he said.
Downes denied manipulating Barth or being manipulated. He said the timing of the aggravated murder charge was based on new information Barth only opted to provide on the eve of what was to have been his joint trial with Jihad.
"We can’t push buttons and tell defendants to speak to us," Downes said.
Allendoerfer denied Krom’s request to block the aggravated murder charge. He also refused a request by lawyers on both sides to review a taped statement from Barth.
Krom wanted the judge to listen to the tape in his chambers. Downes argued that should happen in public in the courtroom.
The judge said it is not his place to evaluate Barth’s testimony. That is up to jurors.
As judge, he said, it also is not his role to decide what charges are brought by prosecutors, who serve in a separate branch of government.
Krom told Allendoerfer he will ask for a delay in Jihad’s trial, and also may ask an appellate court to make an emergency ruling on the charging change.
In addition to the aggravated murder charge, Jihad remains charged with first-degree kidnapping and conspiracy. He pleaded innocent Friday to all charges.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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