It’s almost certain now that some or all of 21 people convicted of second-degree murder in Snohomish County soon will be freed.
The state Supreme Court on Thursday ruled that a 2002 decision freeing one King County murderer applies to others in the state convicted of so-called “felony murder.”
“I strongly disagree with this decision,” said Mark Roe, Snohomish County’s chief criminal deputy prosecutor.
On the other hand, defense attorneys say the ruling is the only right thing to do, partly because the murder charge is too harsh in many cases.
One of the first who may be released is Noreen Erlandson, a nurse who was convicted in 1992 of the beating death of her adopted daughter.
She was sentenced to 40 years in prison, but David Zuckerman, her Seattle lawyer, said “at worst, it should have been tried as a manslaughter case the first time around. Noreen is clearly entitled to release in view of (this) decision.”
In 2002, the high court ruled that the King County defendant should be freed. Although a person died during an assault, the court ruled that assault could not be considered a murder, because murder was not the defendant’s original intent.
On Thursday, the court applied the same standard to scores of convicted murderers across the state, including the 21 in Snohomish County.
“The petitioners claim that they were convicted of a nonexistent crime and therefore their … sentences are invalid on their face. We agree,” the judges said in their unanimous decision.
Seth Fine, who handles appeals for the Snohomish County prosecutor’s office, said the “court made it clear this will apply to virtually any conviction under this (felony murder) theory.”
Roe was angered by the decision and said the recent election makes it appear that the justices are not being held accountable for their decisions. Earlier this month, two incumbent justices who participated in both felony murder decisions, Richard Sanders and Barbara Madsen, won re-election by wide margins.
Roe was critical of the news media for not covering the judicial races closer and telling voters about decisions such as these.
The office has already heard from the lawyers of 10 of the 21 convicted murderers, and deputies will go through the cases.
Some of them might be charged with other crimes, Roe said. Some convicted years ago may already be out of prison, or may have reasons for not wanting their convictions vacated, Roe said.
Prosecutors had been using a 25-year-old law to file second-degree murder charges in situations where people died during assaults. Defense attorneys said many of those cases should have been filed as manslaughter, which caries a lower penalty.
In 2003, the Legislature hurriedly passed a new law making it clear it intended for assault to be a basis for a murder charge, but the new law has yet to be challenged.
Fine said Thursday that the high court ignored reality and the 25 years that the old law had been used in making charging decisions. Previous courts had upheld the old law.
Meanwhile, the decision will likely open up old wounds for the families of victims.
Relatives of people who were killed have spent much of two years dreading this day, said Jenny Wieland, executive director of Everett-based Families and Friends of Violent Crime Victims.
Her office on Thursday was reaching out to survivors of homicide victims, sharing the news and offering support.
The court’s ruling will throw many people into new cycles of grief, Wieland said. Many families will be bracing for the release of convicted killers. Others will be gearing up for more legal battles.
“Trials are hard enough to go through once, but then the thought of going through it again after you have worked to rebuild your life is horrifying,” Wieland said.
Families and Friends has people standing by to help with a 24-hour crisis line and support groups. The organization can be reached toll-free at 800-346-7555.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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