[WCADP-list] Stop These Executions in Washington State

Thu Oct 21 14:47:06 PDT 2004

URGENT, 21 October 2004:

Snohomish County Prosecuting Attorney Janice Ellis announced today that she
will seek the death penalty for Richard Clark  In addition, Pierce County
Prosecuting Attorney Gerald Horne filed death notices today in the cases of
Williams Schorr and Jeremy Hosford.

We have been talking to attorneys familiar with these cases, our colleagues
in the movement, and others.  Based on this, we recently contacted our
members in Snohomish County by mail and phone to ask them to engage Ms.
Ellis and ask that she not consider the death penalty.  This week we were
already in the middle of plans to do the same for our members in Pierce and
King Counties.  Unfortunately today's decisions have changed things
significantly.

The following is a copy of an article from our newsletter that was delivered
to the Post Office just yesterday.  As you can see there is still an
opportunity to apply pressure on King County Prosecutor Norm Maleng in the
case of John Morimoto not to mention the opportunity to contact Mr. Horne
and Ms. Ellis to ask then to reconsider their immoral and unjust decisions
of earlier today.

"Death Undecided"
WCADP Newsletter; Winter 2004

In addition, there are several cases that have not yet been decided:

In King County, a death notice was filed in Charles Champion's case, but
defense counsel filed motions and presented arguments to dismiss it based on
the inherent unfairness of the death penalty, its disproportionate use on
black men, and the fact that Ridgway was able to plead to life without the
possibility of parole. A decision from King County Superior Court Judge
Wartnik is pending. Trial was set for October 8, but was continued. Champion
is accused of killing Des Moines police officer Steven Underwood more than 3
years ago. Given that the shooting may not have been premeditated (a
requirement for the death penalty) and that there are mitigating factors
such as Champion's age at the time of the shooting, a troubled childhood,
and his family's cooperation in the investigation, this should never have
been a death case. 

Also in King County, Prosecuting Attorney Norm Maleng still needs to make a
decision in the matter of John Q. Morimoto. Morimoto was charged in the
slaying of his neighbors Loc "Michael" Phan and Phuong "Michelle" Dung Phan
and for critically injuring their daughter, Cindy, at their home in Kent a
year ago. While the allegations are horrifying and precious lives have been
lost, there is no need to perpetuate the violence. A non-death case would be
resolved much more quickly and closure could be in sight for the victims'
families.

In Pierce County, Prosecuting Attorney Gerald Horne will decide whether or
not to file death notices in the case of Williams Schorr and Jeremy Hosford.
The two men were charged with aggravated first-degree murder, kidnapping,
robbery, theft, arson and extortion in connection with the death of a
55-year-old Puyallup tools salesman, Robert Shapel, in February 2004. Again,
a heinous crime and a senseless loss of life, but death is not the answer.

In addition, Horne must decide if the State will resentence Covell Thomas on
murder charges without the possibility of death or retry him for capital
murder. Thomas was convicted of the robbery and killing of his boss, Richard
Geist, in 1999. Then, in January 2004, the Washington Supreme Court
overturned his death sentence because the jury was not asked to decide
whether he was a "major participant" in the crime and whether certain
aggravating factors applied to him. His accomplice pled guilty to
second-degree murder and is serving 22 years. An obvious way to close this
case once and for all (and to save thousands of dollars) is to sentence
Thomas to life without parole. Justice would be served if the State chose
not to seek death a second time. 

Note: Thomas's case is the 17th that has been overturned by courts since
Washington's death-penalty statute took effect in 1981. Of the 31 men
sentenced to death in that timeframe, four have been executed, one committed
suicide, nine remain on death row, and seventeen have been overturned.

Finally, Snohomish County Prosecuting Attorney Janice Ellis must decide
whether to seek another death sentence from Richard Clark who was convicted
and sentenced to death in April 1997 for killing 7-year-old Roxanne Doll. In
June 2001, the Washington Supreme Court overturned his death sentence
because prosecutors illegally introduced details of Clark's previous
conviction. If she does not seek another death sentence, he will immediately
be sentenced to life without parole. His current sentencing trial date is
May 11, 2005. Counsel for Mr. Clark, Jeffrey Ellis (last year's Abolitionist
of the Year) and Kevin Cole, has submitted a mitigation package urging Ms.
Ellis not to seek death. 

We, once again, ask you to contact each prosecutor and urge him or her not
to seek death in the cases described above. Rather than wait for the appeals
process to prevent death, let's remove the threat now and allow these cases
to be closed.

Here is the information you need to make your voice heard:

Norm Maleng
King County Prosecutor; 516 Third Avenue, W554; Seattle, WA 98104
(206) 296-9000
attorney.prosecuting at metrokc.gov

Gerald Horne
Pierce County Prosecutor; Room 946; 930 Tacoma Avenue South;  Tacoma, WA
98402-2171
(253) 798-7400
 <mailto:pcprosatty at co.pierce.wa.us> pcprosatty at co.pierce.wa.us

Janice Ellis
Snohomish County Prosecutor; M/S 504; 3000 Rockefeller; Everett, WA 98201
(425) 388-3333
p <mailto:prosecuting.attorney at co.snohomish.wa.us>
rosecuting.attorney at co.snohomish.wa.us

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The Washington Coalition to Abolish the Death Penalty
P. O. Box 3045
Seattle, WA 98114
(206) 622-8952
www.abolishdeathpenalty.org <http://www.abolishdeathpenalty.org/> 

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