By Scott North
Herald Writer
For a dozen years, David Schubert has denied any involvement in the 1989 disappearance and presumed death of his wife.
On Friday, the 61-year-old Arlington man denied any involvement again, pleading innocent to second-degree murder.
Schubert entered the plea during a brief hearing in Snohomish County Superior Court that highlighted just how contentious the case is likely to be. Lawyers engaged in some vigorous sparring before a Nov. 16 trial date was set.
The defendant’s wife, Juliana Schubert, was 30 when she dropped from sight, leaving behind two young sons, her car and purse. David Schubert, then 49, was a self-employed insurance broker and former reserve officer with the Arlington Police Department.
When confronted about his wife’s disappearance, Schubert reportedly offered contradictory explanations. Snohomish County sheriff’s detectives suspected he killed the young woman and hid her body.
Schubert was charged with murder in 1994, but prosecutors sought a dismissal after the lead investigator, sheriff’s detective Rick Blake, died of leukemia. Blake’s testimony was considered key to the case.
Schubert’s attorney, public defender Richard Tassano, said his client continues to maintain his innocence.
"It is the same case, as far as I know," he said. "They dismissed it in 1994 because they felt they couldn’t prove it, and now they feel they can prove it. I don’t know what is different."
One difference is that prosecutors are now willing to let Schubert await trial outside of jail and without bail. They have little choice.
In 1994, Schubert was jailed for 50 days in lieu of $500,000 bail. When he was arrested Thursday, his bail was set at $75,000.
But deputy prosecutor Paul Stern on Friday told Superior Court Judge Anita Farris that if Schubert remained jailed, his murder trial would have to occur within nine days. That’s because time he spent behind bars in 1994 still counts against the 60-day deadline for a speedy trial.
Tassano, who represented Schubert in 1994, told Farris he could be ready for trial in nine days. Stern countered that the defense hasn’t yet seen nearly 3,000 pages of police reports that reflect investigation done on the case since 1998.
Releasing Schubert gives prosecutors 30 additional days to bring the case to trial.
Prosecutors began reviewing the case in 1998 after the missing woman’s mother, Karil Nelson of Arlington, brought a civil wrongful death case against Schubert. A Superior Court civil jury unanimously found Schubert to be his wife’s slayer and awarded $1.7 million in damages to the couple’s children, who continued to live with David Schubert after their mother’s disappearance and testified on their father’s behalf at trial.
Nelson was in court Friday. She said it was gratifying to see her former son-in-law facing charges, but a disappointment to see him released from jail.
"I just felt that he should be in a little while longer," she said.
You can call Herald Writer Scott North at 425-339-3431
or send e-mail to north@heraldnet.com.
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