Nov. 28
WASHINGTON:
Lawyer: Death penalty 'not right choice' in Mukilteo shootings
Allen Ivanov's attorneys plan to ask a judge to give them more time to compile
information about the young man and his background in an effort to convince
prosecutors not to seek the death penalty.
Snohomish County Prosecuting Attorney Mark Roe has given the defense team until
Friday to provide him with materials to take under consideration before he
decides whether to pursue Ivanov's execution. Roe has said he'd announce his
decision by mid-December.
Ivanov's "life continues to have value," defense attorney Walter Peale wrote in
an email to The Daily Herald.
"With more time I'm confident I can show why the death penalty is not the right
choice for the victims' families. If convicted or if he were to enter a guilty
plea, a life sentence will avoid endless delay, provide closure and avoid
extreme cost," he wrote.
Peale said if Roe is going to present the mitigation materials to the survivors
for their consideration, he wants them to have a full picture of Ivanov, 20.
The crime he is accused of committing is a "terrible and senseless act," Peale
wrote. His client, however, if he's convicted, is "not the worst of the worst."
Peale referenced several recent aggravated murder cases in which prosecutors
didn't seek the death penalty or jurors spared the defendants their lives.
"Allen is less deserving of death than they and certainly less deserving of
death than the Green River Killer who is now serving a life sentence in
prison," Peale wrote.
His client is immature and naive. "His history and young life show a pattern of
mental illness, untreated but suspected. His behavior before and now is a cry
for help as it is a confession to a terrible crime," the longtime defense
attorney wrote.
Ivanov is charged with aggravated murder in the killings of Anna Bui, Jacob
Long and Jordan Ebner, all 19. He's also accused of trying to kill Will Kramer,
who was shot in the back, and 2 other young men, whom the defendant allegedly
shot at as they ran for cover.
In Washington, the only punishment for an aggravated murder conviction is death
or life in prison without the possibility of release. Gov. Jay Inslee enacted a
moratorium on executions shortly after taking office. That doesn't prevent
county prosecutors from pursuing the death penalty.
Ivanov allegedly told detectives that he ambushed Bui, his former girlfriend,
and her friends at the Mukilteo house party because he was upset over the end
of their relationship. He had broken up with her a few months before the
shootings. She reportedly rejected his efforts at reconciliation.
About 20 people were at the house party when Ivanov opened fire. Most of the
young people had graduated from Kamiak High School.
The Daily Herald recently obtained a letter Ivanov wrote prior to the killings,
along with hundreds of text messages. The materials show that Ivanov was
considering shooting Bui days before he tracked her down to the party. In the
letter, he tried to control the narrative even before he began pulling the
trigger.
"You know what's funny? The media is going to portray me as some unstable,
overly emotional, crazy lunatic," he allegedly wrote. "There's nothing wrong
(with) me or the way I think. There's really nothing wrong with me: I have a
roof over my head, access to food and resources, a loving family, an amazing
job, etc. I'm selfish. That's why I did this."
The Daily Herald also was provided a jailhouse letter Ivanov allegedly wrote in
October to a former cellmate, a man convicted of murdering a Lynnwood piano
teacher. The letter included rap lyrics that glorify violence and reference the
mass shooting in Mukilteo.
Peale said his client is remorseful but overwhelmed.
"He is not prepared for the conditions he faces now in jail," Peale wrote. "His
musings are a way to come to grips with a possible sentence that will keep him
in prison for the rest of his life or kill him."
His client doesn't have any prior legal problems or a history of violence. "He
finds himself in a completely foreign situation," Peale wrote.
Ivanov's writings likely will be scrutinized by both sides as they explore the
young man's state of mind before the shooting and afterward. That could be at
the heart of the case if his lawyers decide to present information about his
mental health as a possible explanation for his actions.
Roe has denied the request for more time, Peale said. The defense attorneys
plan to ask Superior Court Judge Janice Ellis to weigh in.
(source: The Herald)
USA:
Accused Emanuel AME Church shooter to represent himself in death penalty trial
A federal judge granted a motion to allow accused Emanuel AME Church shooter to
represent himself in trial.
Wearing a gray-and-blue striped prison outfit Monday morning, 22-year-old
Dylann Roof told Judge Richard Gergel he understood his attorneys have skills
and experience he may not have, but he wanted to self-represent as his
attorneys serve as stand-by counsel.
Roof took the lead chair at the defense table as jury selection for the federal
death penalty trial began. The suspect currently pleads not guilty on charges
including hate crimes, the shooting deaths of 9 and the attempted murder of 3.
Jury selection was scheduled to begin on Nov. 7, but was suspended after Roof's
lawyers moved to have the suspect analyzed by a doctor who could determine
whether or not he was suffering a "mental disease or defect" that may make him
unable to understand what was going on in court.
Court-appointed psychiatrist Dr. James Ballenger reported on Roof's competency
in a 2-day hearing last week. Proceedings happened away from the public and the
media, but documents filed on Friday declared that the court found Roof
competent to stand trial.
According to a court order, Judge Richard Gergel believes Roof understands the
nature of the court proceedings and is able to consult with his attorneys and
assist in preparing his defense.
"I must admit I'm not terribly surprised," said Charleston School of Law
Professor Miller Shealy. "To be declared incompetent to stand trial is
difficult. One has to be quite mentally ill, one has to have some serious
problem."
With the competency evaluation complete, the process of whittling down 512
people to a jury of 12 and 6 alternates resumed Monday at 9 a.m.
The process may continue into the new year.
(WCSC news)
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