Judge unmoved by convicted killer’s complaints about his lawyers

EVERETT — A Bothell man convicted of killing his estranged wife failed to persuade a judge on Wednesday that he deserves new lawyers.

Alan Smith is expected to be sentenced next week for the February 2013 slaying. He faces at least 22 years in prison for beating, stabbing and drowning Susann Smith, 37, in the home they once shared.

Alan Smith, 39, wrote a letter last week detailing his beef with the two public defenders assigned to his case. He second-guessed their strategy at trial, claiming they didn’t do enough to investigate what he deemed to be important.

He complained that the defense did nothing to counter the prosecution’s assassination of his character. He also argued that his lawyers failed to provide alternative theories about the murder — including the possibility his estranged wife was killed by a secret boyfriend.

“Some people have secrets,” Smith said Wednesday at a hearing.

Smith addressed the court for about 20 minutes. He spent most of the time recounting the evidence presented at trial and what his lawyers should have done.

He told Snohomish County Superior Court Judge Michael Downes that his lawyers failed to show up for appointments. He said he had a hard time communicating with them because they wouldn’t listen.

Smith also alleged that law enforcement and Child Protective Services should be held accountable for “abducting” his children and placing them in foster care.

Downes denied Smith’s request for new attorneys. Case law is clear that lawyers are responsible for trial strategy.

The record shows that the public defenders “diligently represented Mr. Smith,” Downes said. He also pointed out that an experienced judge weighed all the evidence — instead of a jury.

Judge Linda Krese convicted Smith earlier this month of first-degree murder at a bench trial.

Prosecutors are expected to argue that Smith deserves the maximum sentence — about 28 1/2 years in prison. They called Smith a selfish man, who has orphaned his two young children.

“The horrific scene that the defendant left in blood at the home where his children lived would seem clear evidence the defendant thought of no one but himself,” Snohomish County deputy prosecutor Craig Matheson wrote.

Diana Hefley: 425-339-3463, hefley@heraldnet.com. Twitter: @dianahefley