EVERETT — John Alan Whitaker will go back to a prison cell, sentenced for the second time to live out his days behind bars for taking part in the 2002 kidnapping and murder of Rachel Rose Burkheimer.
His efforts to gain freedom are expected to go on, having already stretched more than a decade. Whitaker, 35, plans to appeal, his lawyers said.
Burkheimer’s family knows the drill. They don’t expect that the jury’s verdict will be the last word in the court case. They are grateful it’s over for now.
“Old scars have been torn open. Faded memories have been rekindled, but through the power of our love for Rachel we will heal again,” Burkheimer’s dad said Friday.
The day marked 14 years since Bill Burkheimer and Denise Webber lost their teenage daughter. It was the second time Superior Court Judge Linda Krese sentenced Whitaker to life without the possibility of release for the killing.
A jury on June 30 convicted Whitaker of aggravated murder. The verdict came after contentious deliberations and some unusual drama in the jury room. One juror alleged that he was threatened by a fellow juror, a claim refuted by the rest of the panel. The man eventually was carried out on a stretcher after complaining of chest pains. He later told Krese that he’d had a heart attack. Krese convened a hearing to question jurors about what had transpired.
Earlier this week she declined several defense motions to throw out the verdict and to give Whitaker a new trial.
On Friday, Krese said she was reminded of the permanency of what was inflicted on 18-year-old Burkheimer and her family by the senseless actions of Whitaker and the other defendants in the case. The hurt has not faded. And a “young woman lost her life for no good reason,” Krese said.
Under the law, Krese had no choice but to sentence Whitaker to life in prison.
Even so, fighting to the end for his client, Seattle defense attorney Cooper Offenbecher argued that a life sentence wasn’t appropriate for Whitaker’s role in the crime. The sentence was disproportionate to his client’s culpability, he said.
The shooter is the only other defendant serving a life sentence. The other young men involved will eventually walk out of prison, Offenbecher said.
The defense had argued at trial that Whitaker never intended for Burkheimer to die. He was too afraid of John “Diggy” Anderson to stand up to him, they said.
Burkheimer was lured to a south Everett apartment by a band of thugs that included Anderson, her possessive ex-boyfriend. Jurors were told that Whitaker was the catalyst in the plot because he told the others she was setting them up for a rival.
Burkheimer was beaten, taunted and held captive for hours. The group eventually stuffed Burkheimer, at 4 feet, 11 inches tall, in a duffle bag. They drove her east of Gold Bar.
Whitaker and others dug a grave, where they forced Burkheimer to kneel. Anderson repeatedly shot the girl. When Burkheimer’s body was recovered, her hands were clasped in front of her. Witnesses said she’d been praying before she was killed.
Whitaker was not an unwilling participant in the murder, Snohomish County deputy prosecutor Julie Mohr said at trial. He kicked Burkheimer and helped kidnap her. He dug her grave, ripped duct tape from her hair and stole her jewelry. He also directed others to help clean up after the crime.
“John Whitaker did not pull the trigger, but he is just as guilty as the person who did,” Mohr said.
Krese said she’s heard the evidence three times now. It is clear Whitaker played a bigger role in the crimes than those other defendants, the judge said. The sentence isn’t disproportionate, Krese said.
Whitaker’s first aggravated murder conviction was overturned by the state Court of Appeals in 2013 based on case law that didn’t exist at the time of his trial. The courtroom was closed to spectators while a handful of prospective jurors were questioned about their fitness to hear evidence.
The facts of the case have been proven repeatedly, Bill Burkheimer said. Whitaker’s guilt is unquestioned. “He not only led her to the grave, he dug it,” Burkheimer said.
The legal wranglings over recent years have taken their toll on Burkheimer and Webber and their families.
“Rachel will still be gone and John Whitaker will still be in prison for life. So much effort, so much pain only to have nothing change,” Burkheimer said.
The family has tried to put their lives back together to honor Rachel, he said. They talk to young people about her story. They hope the message may spare someone else the nightmare of losing a child, a sister or a friend to violence.
“Who you associate with really does matter. And trust your instincts when you sense signs of trouble in a relationship,” Burkheimer said.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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