PORT TOWNSEND — The process of selecting 12 jurors and two alternates to judge if Michael J. Pierce is guilty of killing Patrick and Janice Yarr nearly one year ago will begin Monday.
It is expected to be laborious.
Pierce’s defense attorney is ready to reassert a motion to move the trial — anticipated to take three weeks — to another area, although the prosecution is confident that a jury of people who have not formed an opinion in the well-publicized case can be seated.
Jury selection will start at 9 a.m. in Jefferson County Superior Court Judge Craddock Verser’s courtroom on the third floor of courthouse, 1820 Jefferson St. in Port Townsend.
The 35-year-old Pierce of Quilcene is accused of killing the Yarrs, described as icons in the timber industry, who were discovered dead in their home at 780 Boulton Farm Road, off U.S. Highway 101 north of Quilcene, on March 19, a day after a fire had consumed the structure.
“I think the jury selection could take until Wednesday or Thursday,” Chief Deputy Prosecuting Attorney Scott Rosekrans said.
“They will have to answer the questionnaire,” he said. “We need to bring them in and talk to them and hear what their reservations or excuses are.”
Opening arguments
Opening arguments could begin as early as Thursday, Rosekrans and Pierce’s public defender, Richard Davies, said, but neither would be surprised to see the first arguments made on Monday.
If too many of the pool of 70 potential jurors have already decided on Pierce’s guilt or innocence, then Davies will reassert a motion for a change of venue, which would move the trial to another area, he said Saturday.
When his change of venue motion was heard on Feb. 17, Davies argued that, given the interest in the case, Pierce was unlikely to get a fair trial.
The Prosecuting Attorney’s Office opposed the motion for a change of venue, saying that not all jurors will know who Pierce is or the details of the case.
“I think we can pick [a jury] from the pool that we have,” Rosekrans said last week.
The judge said, “Let’s see how the jury panel goes,” Davies said.
“If most say they’ve heard about this and have formed an opinion, then I will reassert my motion to change the venue, based on potential jurors’ response that they’ve already formed an opinion,” he added.
“Until we’ve heard from potential jurors themselves, we don’t know if there’s been too much press and gossip about this case.”
Another difficulty in jury selection, Rosekrans said, is finding jurors who can set aside three to four weeks of their lives without them worrying about financial hardships caused by being away from their jobs.
Held without bail
Pierce has been held in Jefferson County jail in Port Hadlock since his March 23 arrest.
He is awaiting trial without bail.
The Prosecuting Attorney’s Office had successfully argued for no bond for Pierce after Davies contended that a $1 million bond originally set for Pierce should be reinstated under the state constitution.
The judge’s decision not to reinstate the bond — which would have allowed Pierce to pay a $100,000 bail, or 10 percent of the bond — was welcomed by Michelle Ham, the Yarrs’ daughter who feared Pierce was a flight risk.
A contingent of Yarr family members and work associates has been attending court proceedings.
During trial preparation, Pierce made one courtroom appearance under heavy Jefferson County Sheriff’s Office security, but has mainly made remote video camera appearances from jail.
Other charges
In addition to arson and two counts of murder, Pierce has been charged with robbery, burglary, theft of a firearm, unlawful possession of a firearm and theft.
Law enforcement authorities who investigated the case last year said that the Yarrs’ house was set ablaze to cover up the killings.
Authorities said bullet fragments found at the scene indicated the victims were shot in the head.
Prosecutors say they have video of Pierce using the Yarrs’ credit card at a bank automatic teller machine.
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, Deputy Prosecuting Attorney Chris Ashcraft has said.
Pierce also attempted suicide while in the Jefferson County jail and has several burglary convictions, Ashcraft has said.
A stolen ATM card is not proof of burglary of the Yarrs’ home, Davies has contended.
Davies has argued that there is no physical evidence linking Pierce to the scene of the crime.
The Yarrs owned Pat Yarr Logging and Yarr Cattle Co. Pat Yarr — who was 60 at his death — had worked as a log trucker across the North Olympic Peninsula since the early 1960s, and the family had lived in Forks and Chimacum before settling in Quilcene.
Janice Yarr, 57, also worked as a bookkeeper for Seton Construction of Port Townsend.
The memorial service for the Yarrs drew 700 people.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
