PORT TOWNSEND — Saying he had no choice under state court rules, Jefferson County Superior Court Judge Craddock Verser on Friday set bond at $1 million for accused double-murderer Michael J. Pierce.
Pierce, 35, of Quilcene has been held in Jefferson County jail in Port Hadlock since last March awaiting trial.
Pierce, who appeared during the hearing via video camera from the jail, is charged with the March 18, 2009, murders of Patrick Yarr, 60, and Janice Yarr, 57, at their Boulton Farm Road home north of Lake Leland.
The Yarrs’ daughter, Michelle Ham, expressed frustration Friday after the omnibus hearing, saying she doubted the trial would begin as scheduled March 8 — close to a year after Pierce was charged.
Arrested March 23, five days after the death of the Yarrs, Pierce is accused of killing the Quilcene couple and setting their house ablaze to hide the deaths.
In addition to arson and two counts of murder, he is charged with robbery, burglary, theft of a firearm, unlawful possession of a firearm and theft.
Investigators said the couple did not die from the fire.
The Friday morning hearing was held to discuss evidence and witnesses for the trial.
Jefferson County Chief Criminal Deputy Prosecuting Scott Rosekrans said ballistics evidence included bullet fragments gathered at the scene and a rifle dropped off at a Goodwill store.
“Investigators found bullet fragments beneath the skulls of the victims,” Rosekrans told Verser.
DNA evidence revealed at least one fragment was identified as passing through the skull of one of the victims.
Rifle found
The state crime lab will attempt to determine the weapon used by examining the fragments.
“It took us just about forever to get the DNA” evidence from the Marysville crime lab, Rosekrans said.
Some time during the course of the investigation, Rosekrans said, a rifle was left at a Goodwill drop-off site.
The rifle was “news to me,” said Pierce’s public defense attorney, Richard Davies.
“That’s of significant interest to the defense,” Davies said, adding he would have to ask for a trial continuance to see if same rifle matches a bullet fragment.
Because the county Prosecuting Attorney’s Office has chosen to seek a life sentence instead of the death penalty, the court was required to reinstate bond, Davies told Verser.
The $1 million bond means Pierce could post the necessary 10 percent bail, or $100,000, in money or assets.
That concerns Ham, who along with others in her family, said she worries about the possibility of Pierce being freed on bail.
‘Very upsetting’
“It was just very unsettling what took place today,” said Ham, who was among 13 Yarr family relatives at the hearing.
“Not only could he disappear, he could intimidate a witness. He could go off and do something suicidal, and we’ll never have an opportunity to address this.”
She was concerned Davies would successfully seek a continuance, which could delay the trial well beyond a year.
“I thought we were just further into the process,” Ham said.
At the hearing, the Yarrs’ family asked Verser through Rosekrans at the hearing to consider not setting bond, but Verser did not address their request.
Rosekrans said the state was opposed to any bond being set.
“That’s based upon the seriousness and the brutality of the crime and of the evidence we have pointing the defendant as the person who committed this crime,” Rosekrans said.
Pierce has “an extensive warrant history of not showing up” at court on past misdemeanor and felony charges, he said.
The judge also again urged the prosecuting and defense attorneys to expedite gathering and presentation of ballistics and fire evidence from the state crime lab in preparation for Pierce’s trial.
Flight risk
After the hearing, Rosekrans said it was unlikely Pierce could come up with the bail and voiced doubt that a bail bondsman would take the risk, considering Pierce has a criminal history of flight from prosecution.
Davies said there is generally a two-month turnaround for his defense expert to look at evidence produced by the state.
“It may be that, come February, the state will have evidence,” Davies said.
“But I don’t know that until I get a report from the state lab. At this point, we are not asking the court to continue the trial, just telling the court where we stand regarding examination of evidence.”
Davies said the court should also consider a change of venue in the trial, given recently disclosed evidence from the state regarding the possible identification of someone who may have be seen with Pierce at a bank’s automatic teller machine.
He also said he wanted the court to consider dismissing some charges for lack of probable cause.
Verser rescheduled the omnibus hearing, a file of which Rosekrans said was “voluminous,” until 8:30 a.m. Jan. 29 to address ballistics evidence.
The prosecuting attorney’s response to that hearing was set for Feb. 8.
“Get on the ballistics people, Mr. Rosekrans. Let’s get that done,” Verser said, and Rosekrans acknowledged he would.
Rosekrans and county Prosecuting Attorney Juelie Dalzell have prosecuted at least 10 other murder trials between them.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
