Judge: No death penalty for accused cop killer
SEATTLE -- A King County Superior Court judged ruled Friday that prosecutors cannot seek the death penalty in the case of accused cop killer Christopher Monfort.
In his decision to take the death penalty off the table, Judge Ronald Kessler said King County Prosecutor Dan Satterberg "relied upon a flawed, practically useless" investigation into the mitigating circumstances in the case.
Monfort is accused of gunning down Seattle police officer Timothy Brenton in his patrol on Halloween night, 2009.
Brenton was parked in Seattle's Leschi neighborhood after a traffic stop when Monfort drove alongside and opened fire, killing Brenton and grazing the neck of his partner, Officer Brit Sweeney, investigators said.
Prosecutors said Monford was engaged in a "one-man war" against Seattle police. He is also accused of attempted murder in the firebombing of several police vehicles in a maintenance yard.
Police also said he had been preparing to make a last stand at his Tukwila apartment complex when detectives shot, paralyzed and arrested him.
On Friday, Kessler said Satterberg's investigation of the mitigating circumstances in the case were "flawed" and that Satterberg abused his discretion "substantively and procedurally."
"The only rational remedy the court can impose is to strike the notice of intent to seek the death penalty," Kessler said.
In an effort to keep the case moving, Kessler said the trial will continue as a capital case.
"This court's decision today should not delay in any way the process of this case be it capital or not," Kessler said.
Earlier this month, Monford's lawyers filed their notice of intent to rely on the insanity defense.
In his decision to take the death penalty off the table, Judge Ronald Kessler said King County Prosecutor Dan Satterberg "relied upon a flawed, practically useless" investigation into the mitigating circumstances in the case.
Monfort is accused of gunning down Seattle police officer Timothy Brenton in his patrol on Halloween night, 2009.
Brenton was parked in Seattle's Leschi neighborhood after a traffic stop when Monfort drove alongside and opened fire, killing Brenton and grazing the neck of his partner, Officer Brit Sweeney, investigators said.
Prosecutors said Monford was engaged in a "one-man war" against Seattle police. He is also accused of attempted murder in the firebombing of several police vehicles in a maintenance yard.
Police also said he had been preparing to make a last stand at his Tukwila apartment complex when detectives shot, paralyzed and arrested him.
On Friday, Kessler said Satterberg's investigation of the mitigating circumstances in the case were "flawed" and that Satterberg abused his discretion "substantively and procedurally."
"The only rational remedy the court can impose is to strike the notice of intent to seek the death penalty," Kessler said.
In an effort to keep the case moving, Kessler said the trial will continue as a capital case.
"This court's decision today should not delay in any way the process of this case be it capital or not," Kessler said.
Earlier this month, Monford's lawyers filed their notice of intent to rely on the insanity defense.
Christopher Monfort assassinated  Officer Timothy Brenton and attempted to assassinate Officer Brit Sweeney.  This was straight up premeditated murder.  There is no reason why this should not be a death penalty case.  Weaker judges make stronger criminals.  The State of Washington's criminal justice system never fails to let me down.
I meant the prosecutor.
I guess I don't have malice for the Judge. The way the article is written , it seems thre Prosecuter is a baffoon and apparently neither he nor his office are educated enough to prosecute a death sentence case.
Good. Let's move forward
Death penalty - not a deterrent, not uniformly applied,, has been used on the innocent AND ultimately more expensive to apply than life without parole. Other than that....a great penalty.
The death penalty wouldn't be as expensive if they limited appeals and also applied it evenly. In this case, for instance, there is little (if any) doubt that the guy is guilty; the judge is quibbling over procedural details. So apply the death penalty and deal with the details separately.
Well, bugger. This is the THIRD spree shooter [Maldinado, Haq, and Montfort] that won't be getting what they so obviously deserve. Don't mistake me, I don't dispute the judge's ruling as a matter of law. Those laws are made to protect citizens and, sadly, scumbags like these three are protected as well. I am especially angry about Haq, who shot several women in the Jewish Federation Shooting and hunted one pregnant woman through the office building. The issue here with Montfort is one of procedure, and not a procedure that I am familiar with as a layman. Much as I despise what Montfort did, the death penalty is one that cannot be applied casually. To do so would make us like Texas and their conveyor belt death row, a place where AWC [Accused While Colored] is literally one foot in the grave.
And for those who blame the judge, I have two very important things here:
1. Judges are paid to impartially interpret the precedents of the law, either for or against the accused;
2. And most importantly, judges are ELECTED OFFICIALS; when was the last time many of you complainants actually made a knowledgeable vote for a district court judge?Â
Apropos of nothing whatever, State Supreme Court Judge Steven Gonzalez was nearly denied the bench simply because of his Latino last name... his opponent was listed as a candidate but did not mount an election campaign at all... And Judge Gonzalez received almost no support from the 'Us'n against them wetbacks' communities on the East side of the mountains.
This is crap. Now, Mr Monfort will be "accommodated" in prison due to his wheelchair, get special treatment, and be able to laugh at the entire system. The Brennans however, will never see justice. This liberal garbage in this state makes me want to vomit, and it just gets more and more ridiculous every day. I hope someone "accidentally" shoves this puke down a flight of stairs and he breaks his neck. Sorry Tim, the system failed you and your family. R.I.P.
@Harley-H.S.C. In my America, the system is doing exactly what it's supposed to do, ensuring that the accused gets a fair trial.
Irregardless that a cop got his head blown off and all the emotions that unleashes, our judicial systems actually works if you and others will just give it a chance.
@BuddyHolly @Harley-H.S.C. O.k......that being said, EXPLAIN to me, how that little puke that helped beat Tuba Man to death, was out on the streets to kill someone else? (just one of a MULTITUDE of examples....want a list?) YOUR America has no balls. MY America, use to have public executions. Crime was not tolerated, and punishment was severe if you committed one. MY America had children that respected authority and parents that made sure they did. YOUR nickname here is an American icon, and if what we see NOW, is YOUR America? Please change your nickname before you end up bastardizing his legend.
I know a lot of people dislike this decision. You have the right to feel this way, I am happy that the death penalty has been taken off the table. Let this miserable bastard rot in prison, without the use of his legs. He doesn't deserve a quick death, trust me, death by a SCI is slow and painful. Lets hope he get pneumonia or the flu. Once you get an SCI your immune system is compromised. It takes longer to get better when you suffer an injury of this magnitude. (I know this for a fact, I am a C-7 incomplete quad who has been "rolling since birth.") He's going to suffer, and he should be forgotten. Remember the victim forget the POS.
Stupid judge. No wonder the crooks are not afraid of the legal system. Cops, next time shoot to kill. Otherwise, taxpayers will pay the price.
@STK if you want to rag on judges, why not put your energy with the traffic courts in lynnwood and Kirkland? Those yahoos have been robbing citizens with the traffic enforcement productivity machine.
@STK So you are in favor of Judges violating the law??? Nice I am glad you are not a member of the bar.Just remember injustice could happen to you. And I dot say that because I support the accused.
@nwlib @STK I think ever one in the city/state knows he did it. But you
This Judge should be ASHAMED of him self this is the biggest Joke of the year.There is No deterrent any more That CLOWN IN THE BLACK ROBE just gave a green lite to ever gang banger that it is OK to shoot Cops.He should with out a doubt be looking at the death Penalty. The rope should already be around his neck.
@Mike Are you suggesting an old fashioned lynching?
Go on continuing to hug thugs, stupid judges.Â
This is appropriate for a number of reasons. Satterberg has demonstrated again and again that he is utterly incompetent at anything but spewing bloodlusting tirades at media circuses in support of frontier justice for any case he thinks can help his political career.Â
What's utterly fantastic though is that if you oppose the death penalty, you've got a reason to vote for him. The harder he tries to murder accused killers, the safer they are.
For God's sake, look at Montfort. Look into his eyes. This is a deeply troubled man utterly detached from reality. If you have no compassion for him, no sense of forgiveness in your heart, then clearly you are such a flawed human that you need to think of him as "normal" to set a bar so low for yourself that it makes your hopeless mediocrity something you can be proud of. Congratulations. Your moral and spiritual qualities are nearly superior to that of moss.
@wysoumible
The Law does not murder accused killers. The legal system executes convicted murderers once all appeals have been processed.
@wysoumible We never hear anything about the rights of the victims or their families from people with your view...
He deserves death, plain and simple. But this state is too liberal for the death penalty anymore.
the man (monfort) is bonkers; we shouldn't kill the insane... just lock them up for life with no hope of parole.
@observations "We shouldn't kill the insane" To quote Bobby Slayton......."You can't kill him, he doesn't know what he did." O.k......if he doesn't know what he did, he doesn't know you're gonna kill him. Strap him in a chair and tell him it's a freaking carnival ride. "O.k. pal, Pirates of the Carribean.......Yo Ho Ho...and Awayyyyy we go!!!" Monfort isn't insane. He's a "playa," and it looks like he's playing the libs VERY well.
@Harley-H.S.C. @observations Harley, your assessment of libs versus conservatives is flawed. There are "conservatives" out there who've rooted on cop killers like Montfort, because they can't stand the "gubamint" that police represent. Likewise, there are "liberals" in favor of the death penalty who are yelling for Monfort's head on a stick. So quit hanging your faith on labels. They'll let you down consistently. As for Monfort... he's done... if not quickly... then slowly... but if you think his life is daffodils and Disneyland from here on out, your mistaken. His "life" gets worse from here on out.
@observations He has fooled you
The State House and Senate will be passing a bill this session abolishing the death penalty. They have finally had Jesus moment that this horrible law cost way to much to implement and does not reduce the amount of murders.
Just the cost of maintaining death row alone is very high. Once this is signed in to law the states budget will have some relief.
@nwlib You abolish the death penalty you have NO ZIP NOTHING, Deterrent, No Deterrent, what is to stop the use less Killing.The woman on Whidbey island got yrs for killing a man is that all a life is worth. What is the lesson in 4yrs Hoe are you going to Stop these Gang Bangers from the use less Killing. The guy back east that set his house on fire that was shooting the fire man when they came to put the fire out. Had KILLED his Mother with a hammer he got 12yrs his out killing fire man.If you don't have a Deterrent you will lose your Freedom.
@Mike @nwlib Elect better Judges....
@nwlib When you take the teeth out of it; you are right, it isn't a deterrent. If we gave the condemned ONE appeal on the basis they introduce new evidence, we wouldn't be spending nearly the amount of money on these cases. They got their fair trial, if they are sentenced to death, they should have no more than 30 days from the conviction before they are put down.
@Dredd57Â @nwlib But the state law based on constitutional law does not accommodate a 30 day limit. Last week in Georgia a man who was on the table with a needle in him got a stay after a Judge ruled that new evidence could be sufficient to prove his innocents...he has been on death row for 20 years.. what if that was your child?
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@nwlib @Dredd57
My child? He knows the difference between right and wrongâ¦. and would not kill the son of a friend.
He'll suffer plenty alive, believe me.Â
Just keep him away from utensils, cleaning solvents, and bedheets.
@Throbbinhood I say give the guy a bottle of bleach and a martini glass. Bottoms up!
Geez the judges on the bench in our judicial system today really need to wake up and smell the coffee.