PORT ANGELES — Accused double-murderer Darold Stenson has pleaded not guilty to refiled charges, while the deadline for Clallam County Prosecuting Attorney Deb Kelly to file notice that she will seek the death penalty has been extended.
At Stenson’s request, Kelly’s deadline to file notice to seek death for Stenson rather than life in prison has been extended to Jan. 31.
Stenson, 59, who has maintained his innocence for 19 years and filed numerous appeals, pleaded not guilty to refiled first-degree aggravated murder charges Tuesday at a hearing where County Superior Court Judge George L. Wood waived a 30-day time period for Kelly to file the notice of special sentencing proceeding.
The court hearing is required if the punishment of death is to be imposed on Stenson.
The state Supreme Court on May 10 overturned Stenson’s 1994 death-penalty conviction in connection with the March 1993 shooting deaths of his wife, Denise, 29, and his business partner, Frank Hoerner, 33, a self-employed carpet layer and an investor in the Stensons’ Kane Lane bird farm, Dakota Farms.
The court’s 8-1 ruling is being appealed to the U.S. Supreme Court.
The next hearing, which has not been scheduled, probably will be held to set a trial date, Stenson’s lawyer, Roger Hunko, said Thursday.
That will not likely occur until after Jan. 31, he added.
Stenson was transported July 19 from the state penitentiary in Walla Walla to Clallam County, where he is being held without bail in the county jail.
Kelly refiled first-degree aggravated-murder charges against Stenson on July 18.
A trial date has not been set.
Kelly has said she intends to seek the death penalty against Stenson.
Stenson has said his wife was killed by Hoerner, and Hoerner shot himself, according to the probable-cause affidavit filed 19 years ago by then-Prosecuting Attorney David Bruneau.
A .38-caliber revolver with three spent shells was found at the scene.
Only the death penalty or a sentence of life in prison can be imposed for aggravated first-degree murder, according to the waiver signed by Wood.
Special sentencing
During a special sentencing proceeding, a judge or jury considers the following question, according to the waiver:
“Having in mind the crime of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency?”
Without a waiver, a notice of the proceeding must be filed within 30 days of arraignment.
“I do not believe that I can assemble all of the evidence I wish to submit to the prosecuting attorney within the 30-day period for filing a notice of special sentencing proceeding,” Stenson said in the waiver request.
Port Orchard lawyer Roger Hunko, who is representing Stenson, said he needed six months to file a mitigation package for the special sentencing proceeding, according to minutes of the hearing.
The county Prosecuting Attorney’s Office did not object “due to the amount of material to go through,” according to the hearing minutes.
In an interview Thursday, Hunko said possibly 70 boxes have been amassed by Stenson’s appellate lawyers.
Hunko said he wants his client transferred to the custody of the state Department of Corrections, possibly the Washington Corrections Center in Shelton.
He said Stenson’s blood-pressure and diabetes problems can be better handled in Shelton, adding that the facility is a shorter distance from his Port Orchard office than Port Angeles.
“I haven’t had an opportunity to do anything,” he said.
“The process is pretty all-encompassing.”
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at paul.gottlieb@peninsuladailynews.com.
