PORT TOWNSEND — Superior Court Judge Craddock Verser on Wednesday reversed his Friday decision and agreed with the Jefferson County Prosecuting Attorney’s Office that bond was not required for accused double-murder defendant Michael J. Pierce.
Pierce, 35, of Quilcene — who again appeared during the hearing via video camera from the jail — is charged with the March 18, 2009, murders of Patrick Yarr, 60, and Janice Yarr, 57, at their Boulton Farm Road home north of Lake Leland.
His trial is scheduled for March 8, nearly a year after his March 23, 2009 arrest.
On Friday, Verser had set bond at $1 million.
His reversal of that decision Wednesday left Michelle Ham, daughter of the Yarrs, in tears.
Ham, who voiced frustration after Verser last Friday set bond for Pierce, said she was relieved by Verser’s reversal with “so much at stake.”
“He’s a man with nothing to lose,” she said outside the courtroom afterward.
Ham said after last week’s hearing that she believed Pierce was a flight risk should he be able to post his $100,000 bail, or 10 percent of the $1 million bond.
Deputy Prosecuting Attorney Chris Ashcraft argued that bond was not required in a capital murder case, and he asked that bail be denied.
Ashcraft told the court that it should look to the state Constitution, because the aggravated murder charge is considered a capital case.
Pierce’s public defense attorney, Richard Davies, said that Verser’s previous interpretation of the law was correct, saying that because the prosecuting attorney did not seek the death penalty, it was not a capital offense.
Davies said all those charged with crimes can receive bail, with the exception of capital murder offenses and “when proof is evident or presumption is great.”
He contended that under court rules, “there is a presumption that there be a release based on reasonable bail,” and he agreed $1 million was reasonable.
Chief Criminal Deputy Prosecuting Scott Rosekrans told Verser that the county prosecuting attorney was opposed to bond for Pierce.
Pierce has been held in the Jefferson County jail in Port Hadlock since last March, awaiting trial.
Arrested five days after the death of the Yarrs, Pierce is accused of killing the Quilcene couple and setting their house ablaze to hide the deaths.
In addition to arson and two counts of murder, he is charged with robbery, burglary, theft of a firearm, unlawful possession of a firearm and theft.
Authorities said bullet fragments found at the scene indicated the victims were shot in the head.
The prosecuting attorney has video of Pierce using the Yarrs’ credit card at a bank automatic teller machine, he said.
In his prior criminal history, he has outstanding warrants for such crimes as attempting to outrun authorities, using an automobile without permission and burglary among other charges, Ashcraft said.
“Looking at all of his warrant history, it seems unlikely that he will appear when so much is on the line,” Ashcraft said.
Pierce also attempted suicide while in the Jefferson County jail and has several burglary convictions, Ashcraft said.
A stolen ATM card was not proof of burglary of the Yarrs’ home, Davies contended.
“There is no physical evidence linking Mr. Pierce to the scene of the crime,” Davies argued, and he should be presumed innocent until proven guilty.
Ham was joined in the courtroom by family and a number of crew members from Seton Construction, where her mother worked for more than 15 years. Ham said her mother was proud of her affiliation with the company “and considered them extended family.”
Learning that much evidence in the case remained with the Washington State Patrol crime lab for testing, Verser last Friday rescheduled an omnibus hearing at 8:30 a.m. Jan. 29 to address ballistics evidence in the case.
The prosecuting attorney’s response to that hearing was set for Feb. 8.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.