PORT TOWNSEND — Jefferson County Superior Court Judge Craddock Verser plans to modify a gag order in the murder trial of Michael J. Pierce to allow the county auditor to release blanket costs of the defense in the case.
However, saying that he didn’t want to release information that may later be sealed again in an appeal, Verser said Friday that he won’t sign the order until at least Wednesday, in order to give defense attorneys for Pierce time to appeal the ruling.
Pierce, 34, of Quilcene, is charged with killing Quilcene residents Patrick and Janice Yarr and six other felonies related to the murders and the burning of the Yarr’s Boulton Farm Road home in March.
His murder trial is scheduled to begin Nov. 2. He is in custody in the Jefferson County jail.
Verser intends to release two dollar amounts in the case: the cost of all attorney fees for Pierce and the cost of all experts and support staff used in Pierce’s defense.
The Jefferson County Prosecuting Attorney’s Office argued for the gag order to be removed entirely.
Verser made it clear that he is keeping the specifics sealed in order to preserve a fair trial and not allow the state prosecution to see how Pierce intends to defend himself ahead of time.
“There is a need to seal some of these records,” Verser said.
“I understand the public sees the judge up here spending the county’s money and they want to know why.
“However I don’t believe the public records act applies to judicial records.”
Verser said the bottom line was that Pierce was entitled to the same level of defense that anyone else in the country would receive.
“What if Mr. Pierce was a multi-millionaire? ” Verser said. “How much would he be required to reveal of his own defense then?
“Why should his defense be different because he’s poor and the county is paying for it?
“The answer is that [the defenses] really shouldn’t be different.”
Won’t appeal
Jefferson County Prosecuting Attorney Juelie Dalzell said she was happy with the ruling and doesn’t expect the defense to appeal.
“We got what we wanted and they got what they wanted,” she said.
“We’re satisfied now that our clients [the commissioners, the auditor and the treasurer] are not between a rock and a hard place.
“What the court has deemed as work product will not be disclosed but the numbers will be, and we are comfortable with that.”
No bail
Deputy Prosecuting Attorney Scott Rosekrans requested that Pierce’s bail of $250,000 be removed and he be held without bail. The motion was approved.
Pierce will remain in Jefferson County Jail without the option of bail until his trial.
Verser also moved back the deadline for the prosecution to decide if they wished to seek the death penalty in the case.
The prosecution now has until Sept. 12 to make that declaration. The date was moved in order to give the defense more time to respond to a handful of procedural motions filed by the prosecution.
Pierce will next appear in court on Sept. 12.
Dalzell’s office also plans to fight the sealing of certain court documents at a hearing set at the state Court of Appeals in Tacoma on Aug. 26.
The Yarrs were found dead in their home March 19, the day after a fire destroyed the house. Investigators said the Yarrs had not died from the fire, and that the flames were intentionally set.
Pierce was arrested March 23.
Along with two counts of murder, Pierce is also charged with arson, robbery, burglary, theft of a firearm, unlawful possession of a firearm and theft.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
