Jury selection was scheduled to begin today for the final person facing murder charges in the death of Rachel Burkheimer.
John Alan Whitaker, 23, of Everett is charged with aggravated murder and conspiracy to commit first-degree murder. If convicted, he faces life in prison without release.
Opening statements in the trial are expected early next week.
Snohomish County prosecutors allege Whitaker belonged to an Everett-based crime gang that called itself the Northwest Mafia. Members of the group, in particular her former boyfriend John Anderson, became suspicious of Burkheimer, 18, of Marysville, after she was seen in the company of their rivals.
Burkheimer was kidnapped, beaten and killed Sept. 23, 2002. Her body was found buried in the Cascade Mountain foothills near Gold Bar.
Lawyers sparred Monday over what evidence will be presented to jurors during the trial.
Whitaker’s attorney, John Muenster, tried and failed to convince Superior Court Judge Linda Krese to dismiss the conspiracy charge. He argued there is insufficient evidence to support the contention that Whitaker acted in concert with others.
“He helped dig the grave,” deputy prosecutor Michael Downes countered.
The judge earlier ruled that statements Whitaker made to FBI agents at the time of his arrest will be admitted as evidence.
Whitaker said Anderson struck him and otherwise forced him into participating. He also said he tried to talk Anderson into releasing the young woman, according to court papers.
Jury selection is expected to take all week. Opening statements in the case aren’t expected before June 1.
Whitaker’s trial is the third in a series that began in March. It is expected to last until mid-June.
Last week, Anderson was convicted of aggravated murder and sentenced to life in prison.
Sentencing is scheduled Friday for Yusef “Kevin” Jihad, 34, of Everett, who was convicted in April of first-degree murder, kidnapping and conspiracy. Jihad was portrayed as ordering Burkheimer’s death. Witnesses testified Anderson carried out the killing.
Jihad was scheduled to appear in court today to argue that he deserves a new trial.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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