Prosecution’s case underway in double-murder retrial of Michael Pierce

PORT ORCHARD — The fourth double-murder trial of Michael J. Pierce has wrapped up its first week of testimony, with the prosecution making it halfway through its presentation of the Quilcene man’s case.

“The case is moving along,” said Jefferson County Chief Criminal Deputy Prosecutor Chris Ashcraft.

“We are doing it all again, and nothing new or exciting has come up.”

Proceedings for the week in the trial of Pierce, 39, concluded Thursday.

Pierce is accused of the 2009 murders of Quilcene residents Pat and Janice Yarr.

“We are happy with the jury that was picked and happy about being in Kitsap County,” said Richard Davies, Pierce’s defense attorney.

“We are looking forward to presenting our case.”

Twelve prosecution witnesses have already testified, with at least that many remaining, Ashcraft said.

The trial is scheduled for 3½ days per week, which stretches its duration, he said.

Election timing

As a result, the prosecution’s case will finish around Nov. 3 or 4, which is Election Day.

At that time, voters will decide whether to retain Prosecuting Attorney Scott Rosekrans for a second term or elect his opponent, Port Townsend attorney Michael Haas.

“We aren’t thinking about politics,” Ashcraft said, echoing previous statements by Rosekrans. Both men are prosecuting the case.

“We are more concerned about getting a conviction than with the results of the election.

“We are hoping that the jury will do the right thing and convict.”

Following the prosecution’s arguments, the defense case will take two or three days, Davies said.

Pierce is accused of two counts of first-degree murder and one count each of first-degree burglary, first-degree robbery, first-degree arson, theft of a firearm, second-degree unlawful possession of a firearm and second-degree theft.

2010 conviction

Pierce was convicted in the 2010 trial by a Jefferson County jury and was serving a life sentence in prison when the state Court of Appeals overturned the verdict in 2012.

The court ruled that Pierce’s constitutional rights were denied after his arrest and that Rosekrans’ closing argument represented prosecutorial misconduct.

The Washington State Bar Association later said it could not find that Rosekrans had committed an ethical violation for speculating during closing arguments what the Yarrs and Pierce were thinking during the night of the murders.

The next two retrials, in Jefferson County in July 2013 and Kitsap County this past March, ended in mistrials.

The first mistrial was called because a juror recalled seeing someone who might have been Pierce on the night of the murders.

The second was after Pierce was not given his anti-psychotic medication while he was in custody in the Kitsap County jail.

Kitsap County Superior Court Judge Sally Olsen denied in September a motion from Davies to dismiss all charges primarily based on Kitsap County’s failure to provide medication.

Should a conviction occur in the current trial, the medication failure will be a grounds for appeal, Davies has said.

The fourth trial initially got underway with jury selection Oct. 6, but Olsen ordered the selection process to begin anew after a juror’s question regarding the death penalty and Olsen’s response raised the possibility of error in the proceedings.

On Oct. 8, one juror asked if the death penalty was being sought in the case, and Olsen replied that it was not.

This prompted Davies to point out case law against such an interaction during a sidebar and in a motion for mistrial, leading to Olsen’s decision to start jury selection over.

_________

Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.

More in News

Aspen Mason-Kleeb, left, and Satria McKnight, both of Port Townsend and members of Popup Movement in Port Hadlock, a circus school owned by Sadie La Donna, right, rehearse a routine they were set to perform Wednesday in a performance as part of the First Night event put on by the Production Alliance. Watching is Julia Franz, seated, a rigger for the company. (Steve Mullensky/ for Peninsula Daily News)
First Night

Aspen Mason-Kleeb, left, and Satria McKnight, both of Port Townsend and members… Continue reading

Free days added for national parks

Non-U.S. residents to pay more for visiting

About 150 to 200 people jumped into 49-degree water at Hollywood Beach on Jan. 1, 2025, for the 37th annual Polar Bear Dip. The air temperature was about 39 degrees, so it was a short, brisk dip that they did three times. There was a beach fire to warm the dippers afterward as well as two portable saunas in the parking lot. The event was sponsored by Volunteer Hospice of Clallam County under the leadership of organizer Dan Welden. Hot drinks, tasty muffins and a certificate for participants were available. (Dave Logan/for Olympic Peninsula News Group)
Polar Plunge set for Hollywood Beach

Event raises funds for Volunteer Hospice of Clallam County

Five elected to Waterfront District board

Five people have been elected to three-year terms on… Continue reading

Holiday lights reflect off the water at Boat Haven in Port Angeles. (Dave Logan/for Peninsula Daily News)
Holiday reflections

Holiday lights reflect off the water at Boat Haven in Port Angeles.… Continue reading

Clallam extends public defense

Contract agreement is through February

Celebration of life set Super Bowl Sunday

Messages continue to arrive for John Nutter

Committee members sought for ‘For’ and ‘Against’ statements

The Clallam County commissioners are seeking county residents to… Continue reading

Search and rescue teams locate deceased man

A deceased man was located following search and rescue… Continue reading

Anita La Salle, kneeling in the center, poses with her family of son, daughters, son-in-law and grandkids, all from Port Townsend, after spending Saturday on a scavenger hunt and celebrating a reunion to welcome a long-lost family member who hasn’t been seen in more than 50 years. The hunt originated at the Port Townsend Goodwill, where they each had to buy matching clothes, and took them to various venues around Port Townsend culminating at the anchor at Fort Worden State Park. This is the first Christmas they have all been together as a family. (Steve Mullensky/for Peninsula Daily News)
Family reunion

Anita La Salle, kneeling in the center, poses with her family of… Continue reading

Clallam seeking to extend contracts

Pacts would impact criminal justice in Port Angeles, Sequim

John Nutter.
Olympic Medical Center board commissioner dies at age 54

Nutter, police officer of year in 2010, also worked for hospital, port