EVERETT — A Snohomish County cold-case murder prosecution appears headed toward hibernation while the defendant attempts to overturn his conviction for another killing.
Danny Ross Giles , 47, is scheduled to face trial next month, charged with first-degree murder in the May 1995 disappearance of Tracey Brazzel, whose body has never been found.
That schedule now appears unlikely, Snohomish County Superior Court Judge Bruce Weiss was told during a brief hearing Tuesday.
Lawyers are negotiating legal options to delay trial on the Brazzel case until after it becomes clear whether Giles will be successful in appealing his October conviction in the July 1995 murder of Patti Berry.
Giles participated in Tuesday’s hearing via telephone from Clallam Bay Corrections Center. That’s where he’s locked up, serving 47.5 years for Berry’s murder, the maximum under state sentencing guidelines.
Deputy prosecutor Craig Matheson told the judge that he and public defender Neal Friedman agree the best path would be to put the Brazzel case on hold and arrange deposition testimony from some potential witnesses.
Once that is accomplished, the Brazzel charge would be dismissed. There is no statute of limitations on murder and prosecutors could refile if new evidence emerges or Giles is successful in overturning his conviction, the judge was told.
One unresolved issue is whether Giles must be present for the depositions of potential witnesses in the Brazzel case.
Friedman said he met with Giles recently and it was clear that his client doesn’t want to be brought back to Everett to assist his attorneys in gathering testimony.
Matheson said he wants to discuss with prosecutors who specialize in appellate law to determine whether Giles’ absence could present a problem if the case ever goes to trial.
Giles has some ability to affect what happens, because as long as the Brazzel charge remains filed he has a right to a speedy trial. On Tuesday, Giles balked at talk of rescheduling trial until late June to give lawyers more time to work out the next steps.
“I did not agree to continue the trial,” Giles said.
Weiss set another hearing for later this week.
Brazzel was 22 and working as a hairstylist when she dropped from sight nearly two decades ago. No trace of her has been found, despite searches by detectives and her family.
Giles in 2012 was charged with Brazzel’s killing after genetic tests that previously hadn’t been available turned up his DNA in a blood-like spot. It had been collected from the exterior of her car at the time she disappeared.
He also was charged with Berry’s killing after similar tests found Giles’ DNA was on the steering wheel of her car.
Unlike the Brazzel case, Berry’s body was found. She’d been fatally stabbed.
Giles’ attorneys succeeded in convincing the judge to sever the cases for separate trials. He denied their request that the Brazzel case be tossed out for lack of evidence, however.
When confronted by detectives, Giles denied having anything to do with Brazzel’s disappearance. Later he wrote a jailhouse letter that reportedly contained descriptions of himself in Brazzel’s apartment and car, supposedly to purchase drugs. At the time, detectives had convinced Giles there was substantial physical evidence tying him to Brazzel.
Scott North: 425-339-3431; north@heraldnet.com. Twitter: @snorthnews
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