PORT TOWNSEND — Jefferson County Superior Court has paid out $9,735 to public defenders, experts and staff hired to assist in the defense of accused double-murderer Michael J. Pierce.
Modified gag order
Jefferson County Superior Court Judge Craddock Verser on Aug. 14 agreed to modify a gag order in Pierce’s murder trial to allow the county auditor to release the cost of Pierce’s defense to the taxpayers so far.
“The county now considers this public records request fulfilled and closed,” states a memorandum from Superior Court Administrator Michelle Moore.
David Alvarez, county chief civil deputy prosecuting attorney, said no other breakdown of what money is going where was required under the Public Records Act.
Moore said the total amount accounted for so far came from court records submitted to the Superior Court.
“Such court records are not public record for the purposes of the Public Records Act in accordance with Nast v. Michels,” Moore wrote.
“If the submitted court records were subject to the Public Records Act, then the substance of those documents, because they reflect and contain attorney work-product [strategy, analysis, interviews, contacts with potential experts], would be exempt from disclosure.”
Pierce, 34, of Quilcene is charged with killing Quilcene-area residents Patrick and Janice Yarr and six other felonies related to the killings and the burning in March of the Yarrs’ Boulton Farm Road home off U.S. Highway 101 north of Lake Leland.
His murder trial is scheduled to begin Nov. 2. He remains in custody in the Jefferson County jail.
The Jefferson County Prosecuting Attorney’s Office argued for the gag order to be removed entirely.
Fair trial consideration
Verser made it clear that he is keeping the specifics sealed to preserve a fair trial and not allow the prosecution to see how Pierce intends to defend himself ahead of time.
Verser said the bottom line was that Pierce was entitled to the same level of defense that anyone else in the country would receive.
Jefferson County Prosecuting Attorney Juelie Dalzell said she was happy with the ruling and doesn’t expect the defense to appeal.
Pierce will remain in Jefferson County jail without the option of bail until his trial.
The prosecution has until Sept. 12 — when Pierce next appears in court — to make that declaration.
The Yarrs were found dead in their home March 19, the day after a fire destroyed the house. Investigators said the Yarrs did not die from the fire, and that the blaze were intentionally set.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
