Judge to rule on Byron Scherf’s seized medical records

EVERETT — A judge is expected to take a week or two to decide if police acted legally when they seized medical records about the man accused of killing Monroe corrections officer Jayme Biendl.

Byron Scherf’s attorneys argued on Monday that the search warrant was too broad and investigators failed to prove that there was a nexus between the records they seized and the killing. Everett defense attorney Jon Scott argued that Scherf’s medical records should be returned and prosecutors shouldn’t be allowed to use them.

Scherf, 53, is accused of ambushing Biendl on Jan. 29 inside the prison’s chapel, where he volunteered. Biendl was strangled with an amplifier cord. Scherf allegedly told investigators that he planned to kill Biendl because of something she said to him earlier in the night. Scherf was serving a life sentence without the chance of release for sex crimes against women.

Prosecutors are seeking the death penalty.

Snohomish County deputy prosecutor Ed Stemler on Monday argued that the detective clearly identified why he was seeking Scherf’s records when he applied for the search warrant. Scherf’s medical records, including psychological records, could help investigators determine if Scherf had some condition that could have affected his ability to form intent or plan the killing, Stemler said. Additionally, investigators had learned that Scherf had missed taking his medication the day of Biendl’s death. Detectives needed to learn more about his medical condition and what possible effect skipping his medication could have on his behavior, Stemler said.

Snohomish County Superior Court Judge Thomas Wynne told the lawyers he would issue a written decision in the coming weeks.

Meanwhile, the state Supreme Court recently denied Scherf’s request to review two of Wynne’s rulings. First Scherf argued that the judge erred when he concluded that a letter Scherf sent to prosecutors was subject to public disclosure. Scherf had argued that prosecutors shouldn’t have opened the letter.

“On that point Mr. Scherf provides no authority from Washington or elsewhere suggesting that receiving and opening a letter constitutes communication by the recipeint,” state Supreme Court Commissioner Steven Goff wrote.

Then early last week, the high court also declined to review Wynne’s refusal to take the death penalty off the table. Defense attorneys argued that the notice was defective because prosecutors filed an intent to seek the death penalty before Scherf was arraigned.

Wynne ruled that the law does not preclude prosecutors from filing the death penalty notice before the arraignment.

“No greater protection would be afforded defendants by construing the statute to require filing only after arraingment,” Goff wrote in a separate ruling.

Scherf’s trial now is scheduled for September 2012.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.