PORT ANGELES — Clallam County Prosecuting Attorney Deb Kelly said Thursday that charging Lauryn Last with first-degree murder in the death of Last’s newborn infant three years ago was the right thing to do — at the time.
Last, 16 when charged and 19 now, could have been sentenced to 20 years to life for first-degree murder had she been found guilty after being tried as an adult.
But she will receive no jail time under a plea deal accepted Wednesday by Superior Court Judge Ken Williams.
Last’s first-degree murder charge in adult court in connection with the Dec. 31, 2008, death of her son had been downgraded to second-degree murder in adult court as of Wednesday, before the plea-offer hearing in Williams’ courtroom.
Kelly said she had no regrets about charging Last as she did.
“When we charged originally, there was some thought that there was a lack of long-term contacts with the area,” Kelly said.
“It was unknown if she would leave [the area]. The charge was based on what evidence we thought we had when this came in and partly over a concern that she might flee.
“It’s not unusual for facts to develop differently than they appear when we’re first presented with information to charge,” Kelly said.
“It’s all part of the process.”
Hearing April 20
A hearing on restitution of court costs and fees and $7,414 in funeral costs for Last’s infant son will be at 1:30 p.m. April 20 in Superior Court.
That is likely the last Superior Court hearing Last will go through, her lawyer, John Hayden of Clallam County Public Defenders, said Thursday.
The case cost the public $25,832 for expert witnesses for the defense and prosecution, $1,025 for documents and $52 for research materials, county Chief Deputy Prosecuting Attorney Mark Nichols said Thursday.
Hayden said he “could not begin to guess” a dollar amount for defending Last, calling the case “a rather gross waste of taxpayer dollars.”
“I don’t think the prosecution was warranted or necessary or served any purpose,” Hayden said, adding that it was impossible to prove Last’s baby — posthumously named Thomas by Last’s grandmother — was alive at birth, though Last said in her confession the infant showed signs of life.
In her confession to police, Last said she gave birth to the infant on the toilet of her father’s house in Port Angeles and let it drown.
The body was found in a garbage container near a Tacoma landfill.
Alford plea
Under the plea bargain, Last pleaded guilty under an Alford plea to a juvenile court charge of second-degree manslaughter and will not be further incarcerated.
Under an Alford plea, a defendant does not admit guilt to a crime but concedes that enough evidence exists that a jury would likely reach a guilty verdict.
Charges of first- and second-degree murder cannot be heard in juvenile court, Williams said.
Williams sentenced Last to 30 days in juvenile detention under which she received credit for nine months served in detention, meaning she won’t serve any more time.
He also sentenced her to 12 months of probation that can be terminated at the suggestion of the probation officer.
Williams also said Last must continue receiving mental health counseling, which she is already getting.
No easy answer
“There is never going to be an easy answer to this case and all the events which occurred,” Williams said regarding the plea agreement reached by Hayden and Deputy Prosecuting Attorney John Troberg.
“At this point in time, to have this matter resolved will help her as she makes significant changes in where she’s been and where she’s going.”
Last was 15 when impregnated by an adult male, whom she knew. He was sentenced to four years in Colorado for the assault.
Last was sexually, emotionally and physically abused beginning at a young age, according to expert testimony during a year of court hearings over the admissibility of her confession, which Williams ruled would be allowed at her trial, which had been scheduled for March 12.
Hayden said the fact that the plea agreement can be sealed as if it never occurred made “a huge difference” in accepting the plea offer.
Problematic
Troberg agreed that proving the infant was born alive and determining a cause of death was “problematic.”
“Even though Last confessed, independent proof was necessary, and the chances of the case surviving a likely appeal after trial was probably about 50-50,” Troberg said in a statement.
“This resolution holds her accountable for the homicide of her infant son,” he said.
“While an imperfect resolution, it is consistent with the facts the state could prove at trial.”
Presentations by Troberg and Hayden at the plea hearing were more like final arguments to a trial than statements that reflected they had reached a plea agreement.
Last’s son “has a right to have someone speaking for him,” Troberg said, choking up with emotion.
“He did nothing to deserve being drowned face-down in a toilet.”
Hayden praised Last as a resilient young woman who will graduate from high school in June.
“If ever there existed an innocent victim,” he said, gesturing toward Last as she sat at the defense table wearing a gray hoodie sweatshirt, “you are looking at it. You are looking at it.”
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.