Price tag of double murder retrial is $175,000 and rising fast
PORT ANGELES, Wash. - A judge soon will decide whether accused double-murderer Darold Stenson can retain his three-lawyer defense team now that he is no longer facing the death penalty.
Clallam County Sheriff Bill Benedict is urging that the judge rule against what he calls an unnecessary expense.
Stenson's lawyers have charged county taxpayers $175,307 since they were appointed to the double-murder case last summer.
Benedict said retaining the death penalty-qualified defense panel is a waste of precious county resources.
County Administrator Jim Jones had estimated that retrying Stenson could cost up to $1.4 million before Prosecuting Attorney Deb Kelly decided against seeking the death penalty.
"Why are we going to spend a million dollars to convict someone when there is no doubt whatsoever that there is guilt?" said Benedict, who said he fears a big bill for Stenson's defense eventually could lead to layoffs in his department.
Stenson, 60, was convicted in 1994 of the shooting deaths of his wife, Denise, and business partner, Frank Hoerner, at his bird farm near Sequim in March 1993.
The conviction of the longtime death row inmate was overturned by the state Supreme Count last May.
Stenson now is being represented by lead attorney Roger Hunko of Port Orchard and co-counsels Sherilyn Peterson of Seattle and Blake Kremer of University Place.
Hunko, Peterson and Kremer each earn $125 per hour "plus reasonable costs and expenses," according to the court orders.
The money for Stenson's defense comes out of the Clallam County general fund.
Most murder defendants are represented by a single attorney from Clallam Public Defender.
"Since they took the capital murder off the table, there's no reason why our public defender can't handle this," Benedict said in a Monday interview with KONP radio.
Hunko filed a memorandum of law Jan. 11 defending the need for three attorneys.
At Stenson's last court hearing Jan. 30, in which Peterson argued for a change of venue, Clallam County Superior Court Judge S. Brooke Taylor said he was still considering whether to allow the three lawyers.
Taylor did not return a message seeking comment Friday afternoon. Stenson has a status hearing set for 10 a.m. Wednesday.
In an 8-1 ruling, the state high court upheld retired Clallam County Superior Court Judge Ken Williams' finding that evidence - an FBI file and photographs of a sheriff's detective wearing Stenson's bloodstained jeans - were wrongfully suppressed by the prosecution in 1994.
"We conclude, as a matter of law, that the suppression of the photographs and FBI file prejudiced Stenson," the court concluded. "Accordingly, we grant Stenson's sixth PRP (personal restraint petition) and reverse his convictions and death sentence and remand for a new trial."
Williams also determined that the file and photographs "would not have probably changed the outcome of the trial," according to the state Supreme Court's certificate of finality.
"Judge Williams made it very clear that he did not believe the error would have affected the outcome," Benedict said Wednesday.
Stenson, who has maintained his innocence, was recharged last July with two counts of first-degree premeditated murder.
Kelly initially said she would seek the death penalty in Stenson's second trial. After consulting with the victims' families, Kelly announced in December that she would instead seek a life sentence.
Stenson is being held without bail at the Clallam County jail. A three-week trial is scheduled to begin with jury selection July 8.
Hunko, who co-chairs the Death Penalty Committee for the Washington Association of Criminal Defense Lawyers, was appointed as Stenson's attorney last July.
Peterson, who has represented Stenson since a 2008 constitutional challenge to the lethal-injection method of capital punishment, and Kremer were appointed as co-counsel in August.
As of Friday, Stenson's lawyers have accumulated a combined $156,730 in attorneys fees and $18,577 for expert services, Clallam County Superior Court Administrator Lindy Clevenger said.
Clallam County budgeted $884,301 for indigent defense for 2013.
Kelly is prosecuting the Stenson case on behalf of the state. A part-time investigator has been consuming most of his 79 hours per month by making copies of old files for the defense, Kelly has said.
The trial was postponed from March to summer because of extensive discovery and difficulties in tracking down witnesses who have moved.
Benedict said it is unlikely that the case will go to trial this summer.
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The Peninsula Daily News is a media partner of KOMO News. Read the original Daily news story »
Clallam County Sheriff Bill Benedict is urging that the judge rule against what he calls an unnecessary expense.
Stenson's lawyers have charged county taxpayers $175,307 since they were appointed to the double-murder case last summer.
Benedict said retaining the death penalty-qualified defense panel is a waste of precious county resources.
County Administrator Jim Jones had estimated that retrying Stenson could cost up to $1.4 million before Prosecuting Attorney Deb Kelly decided against seeking the death penalty.
"Why are we going to spend a million dollars to convict someone when there is no doubt whatsoever that there is guilt?" said Benedict, who said he fears a big bill for Stenson's defense eventually could lead to layoffs in his department.
Stenson, 60, was convicted in 1994 of the shooting deaths of his wife, Denise, and business partner, Frank Hoerner, at his bird farm near Sequim in March 1993.
The conviction of the longtime death row inmate was overturned by the state Supreme Count last May.
Stenson now is being represented by lead attorney Roger Hunko of Port Orchard and co-counsels Sherilyn Peterson of Seattle and Blake Kremer of University Place.
Hunko, Peterson and Kremer each earn $125 per hour "plus reasonable costs and expenses," according to the court orders.
The money for Stenson's defense comes out of the Clallam County general fund.
Most murder defendants are represented by a single attorney from Clallam Public Defender.
"Since they took the capital murder off the table, there's no reason why our public defender can't handle this," Benedict said in a Monday interview with KONP radio.
Hunko filed a memorandum of law Jan. 11 defending the need for three attorneys.
At Stenson's last court hearing Jan. 30, in which Peterson argued for a change of venue, Clallam County Superior Court Judge S. Brooke Taylor said he was still considering whether to allow the three lawyers.
Taylor did not return a message seeking comment Friday afternoon. Stenson has a status hearing set for 10 a.m. Wednesday.
In an 8-1 ruling, the state high court upheld retired Clallam County Superior Court Judge Ken Williams' finding that evidence - an FBI file and photographs of a sheriff's detective wearing Stenson's bloodstained jeans - were wrongfully suppressed by the prosecution in 1994.
"We conclude, as a matter of law, that the suppression of the photographs and FBI file prejudiced Stenson," the court concluded. "Accordingly, we grant Stenson's sixth PRP (personal restraint petition) and reverse his convictions and death sentence and remand for a new trial."
Williams also determined that the file and photographs "would not have probably changed the outcome of the trial," according to the state Supreme Court's certificate of finality.
"Judge Williams made it very clear that he did not believe the error would have affected the outcome," Benedict said Wednesday.
Stenson, who has maintained his innocence, was recharged last July with two counts of first-degree premeditated murder.
Kelly initially said she would seek the death penalty in Stenson's second trial. After consulting with the victims' families, Kelly announced in December that she would instead seek a life sentence.
Stenson is being held without bail at the Clallam County jail. A three-week trial is scheduled to begin with jury selection July 8.
Hunko, who co-chairs the Death Penalty Committee for the Washington Association of Criminal Defense Lawyers, was appointed as Stenson's attorney last July.
Peterson, who has represented Stenson since a 2008 constitutional challenge to the lethal-injection method of capital punishment, and Kremer were appointed as co-counsel in August.
As of Friday, Stenson's lawyers have accumulated a combined $156,730 in attorneys fees and $18,577 for expert services, Clallam County Superior Court Administrator Lindy Clevenger said.
Clallam County budgeted $884,301 for indigent defense for 2013.
Kelly is prosecuting the Stenson case on behalf of the state. A part-time investigator has been consuming most of his 79 hours per month by making copies of old files for the defense, Kelly has said.
The trial was postponed from March to summer because of extensive discovery and difficulties in tracking down witnesses who have moved.
Benedict said it is unlikely that the case will go to trial this summer.
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The Peninsula Daily News is a media partner of KOMO News. Read the original Daily news story »
and the most amazing thing is, everyone knows he did it.
The state has virtually unlimited funds to prosecute.  They should provide the same to him if he is indigent.  He has the right to a fair trial and after all this is someones life that is on trial, death penalty or not. Â
So the Supreme Court overturns a ruling and a Sheriff decides that he can decide how the legal system works now? It is now about a budget not a fair trial and thanks to the Sheriff talking about his bias in the case, he's only helping the Defense Team. Â
When a lawyer wins your lawsuit, they get about one third of your settlement, and, if itâs paid as an annuity is paid, this is for the life of the decision.
I wonder if maybe we changed the rules to reflect that if they lose a case, THEY pay one-third of the costs that (in this case) the taxpayers will be on the hook for. Maybe something like this will slow down frivolous lawsuits and ones based on the concept of making it too expensive to fight, so letâs settleâ¦..
"In an 8-1 ruling, the state high court upheld retired Clallam County Superior Court Judge Ken Williams' finding that evidence - an FBI file and photographs of a sheriff's detective wearing Stenson's bloodstained jeans - were wrongfully suppressed by the prosecution in 1994."
Can someone please explain to me why in the hell a detective was wearing Stenson's bloodstained jeans?
@Tattooed_Angel Explain what difference it makes. Once the blood and other items were taken off the jeans there is no contamination. maybe they were worn to obtain evidence off of them .Â
Should it take 10+ years to convict someone? I mean, really. It's time to revamp our laws and really make much better use of the death penalty. Â
1 attorney should be enough for a proper defense. But at the same time how much has the prosecutor's office been paid to prosecute him? I think the defense should have the right to spend just as much as the prosecutors office.
@Blindman  prosecutors are elected and handle many cases for the same pay . The defense attorneys bill by the hour 4125 plus reasonable expenses. The reasonable expenses include travel from Seattle and University Place ,both all day drives .  Plus hotelsÂ
Since the state is paying for the lawyers my thought would be if he wants more than one it should be up to him to pay for the extra lawyers. He has a right to a fair trial but in my opinion he doesn't have a right to demand 3 lawyers. If he can't afford a lawyer then they should assign him a public defender, that's what they get paid for.  The cost of these trials is getting way out of line.
It's amazing how much it costs to be a "civilized" nation. Stupefying actually.
I just wish a sniper or someone can just take a shot at him and save everyone the trouble. This whole thing is just completely f'ed up!
Amazing how some people can work the system. He murders the mother of his children to collect insurance money. Kills his business partner, who is also a father and husband. He is were he belongs and should stay with all the other creepers like himself.
@Pollywannacracker America=lawyers, guns and money.
Quickly. Not "rising fast"... rising QUICKLY. Adverbs are our friends. Use them in good health.
@Cavalier Grammar Nazi = NO LIFE
@whenudieitsdone Pot, meet kettle.
the taxpayers are always the victim of crime and the law states you have a right to A lawyer not a team of lawyers. This is just protectionism  OK'd by judges for their lawyer acquaintances. ONE LAWYER per your civil rights.
$125 an hour? Â Did the County get a Groupon rate or something?
Just think about how much good could be done with that money instead of wasting it on THIS piece of human trash. How many elderly, ill, homeless, or poor people could benefit from these dollars? I understand the right to due process, but this is WAY over the top when it comes to expense. Ridiculous.