New judge keeps schedule for Scherf hearings

EVERETT — A Snohomish County Superior Court judge on Wednesday declined to reschedule hearings to decide whether a jury will hear the alleged confession of an inmate accused of strangling Monroe corrections officer Jayme Biendl.

Judge George Appel said he couldn’t find good cause to grant Byron Scherf’s motion to push the hearings until May. The judge acknowledged that both sides faced challenges in preparing for the hearings, but he didn’t have any evidence in front of him to conclude that they couldn’t at least get started on April 9 as previously scheduled.

He also suggested that the defense attorneys and prosecutors sit down outside of court to reach an agreement on scheduling and submit a written proposal.

The judge encouraged the lawyers to respect each other’s needs in an effort to proceed in an “orderly fashion.”

Appel was appointed last week to preside over the death penalty case. He was assigned after Judge Thomas Wynne decided to step down from the case, more than a year after Scherf was charged with aggravated murder for the Jan. 29, 2011 homicide.

The convicted rapist is accused of killing Biendl inside the chapel at the Washington State Reformatory. He was serving a life sentence without the chance of release for violent attacks against women.

The defense alleged that Scherf couldn’t receive a fair trial in front of Wynne. The long-time jurist denied he was biased against the defendant, but concluded that he couldn’t ignore how repeated defense demands that he step down “have impaired this court’s ability to effectively manage the timely resolution” of the case.

The defense on Tuesday filed a motion asking for another month to prepare for key hearings in the case. Defense attorney Karen Halverson on Wednesday told the judge more time is needed for interviews and to hear back from their expert witness, a psychiatrist who has studied the psychiatric effects of solitary confinement.

The defense has interviewed more than 40 witnesses, including Monroe corrections officers and Snohomish County Jail staff. They explained to the judge that they have waited to interview the primary detectives who spoke with Scherf in February. That’s when he allegedly confessed to killing Biendl.

Scherf initially declined to speak with authorities. He later allegedly sent notes to two Snohomish County sheriff’s detectives, requesting to talk to them. The detectives earlier were tasked with photographing Scherf, documenting any possible injuries on the inmate. An attorney advised him not to speak with the detectives, but Scherf reportedly proceeded with the interview.

Prosecutors noted that Scherf didn’t make any statements to most of the people interviewed by the defense. They questioned why the defense waited until now to interview key witnesses.

The purpose of next month’s hearing is fairly narrow. If prosecutors want the jury to hear statements that Scherf made to detectives and corrections officers, they must prove that he spoke to the officers freely and understood his rights.

Halverson said that while she was reluctant to provide information about the defense’s trial strategy, she explained to Appel that numerous people had been in contact with Scherf since he was detained outside the prison chapel. She said that when he was moved to the jail, his housing was “tightly controlled” and suggested that may have been “an attempt to gain his cooperation.”

Appel, however, pointed out that the defense only needs to interview four more people who are named as witnesses by the prosecutors. He believed that those interviews could be completed by April 9 and progress could be made on the case.

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.