PORT TOWNSEND — If jurors base a verdict on misunderstood testimony, it does not ensure a defendant will get a new trial, Jefferson County Superior Court Judge Craddock Verser said Friday.
Verser set a 1:30 p.m. May 19 hearing date for arguments for a new trial for double-murderer Michael J. Pierce, who was convicted March 26 by a jury that included members who misunderstood key testimony that led to the guilty verdict, according to the court transcript.
Verser made his comments at a hearing Friday in response to a motion by attorney Richard Davies on behalf of Pierce, 35.
The former Peninsula College student and Sequim and Quilcene resident was convicted of eight counts, including arson and two murders, in the March 18, 2009 deaths of Patrick Yarr, 60, and his wife Janice Yarr, 57, at their Boulton Road home north of Lake Leland.
After the verdict by nine women and three men, first Peninsula Daily News, then the Leader weekly newspaper of Jefferson County, interviewed at least two jurors who misinterpreted key testimony that they believed linked Pierce to the murder scene.
These newspaper accounts provided the basis for Davies’ new trial request. Davies has also said he plans to appeal the verdict.
“The reporting was very good,” Davies said. “But you can’t believe everything you read in the newspaper.
“I’d like to have the opportunity to get affidavits from the jurors to see if there is a basis for a new trial based on this misunderstanding.”
Verser said Friday that “jury misunderstanding or arrested judgement is not the basis for a new trial,” but agreed to hear Davies’ motion for a new trial in May.
Verser also rescheduled the sentencing hearing for 1:30 p.m. on May 24.
If the new-trial motion is granted, the sentencing will be canceled, said county Chief Deputy Prosecuting Attorney Scott Rosekrans.
The granting of the new trial would make sentencing moot.
Davies said he is not looking forward to a new trial and took responsibility for not discovering the jurors’ misunderstanding the testimony of a key witness, Michael Donahue.
The jurors mistakenly believed that Donahue had said Pierce asked him if he, Pierce, smelled on gasoline, shortly after the fire was set at the Yarrs’ home, according to the newspaper articles.
Experts had testified that an accelerant such as gasoline had been used to set the fire at the Yarrs’ house.
But the court transcript showed Pierce was actually referring to a question Davies’ investigator had asked him.
“I don’t relish this,” Davies said.
“We worked really hard on the case, but based on what I’ve read in the papers, the verdict was based on a misunderstanding.
“This may even be an example of judicial misconduct and ineffective assistance of counsel,” Davies added.
“I should have parsed these statements and put all the information together myself.”
At the hearing, Rosekrans cited several precedent-setting cases that he said refuted the idea that jury misunderstanding was grounds for a retrial.
Davies intends to go ahead with his affidavit process in preparation for the new trial hearing.
While agreeing to hear the motion for a new trial, Verser had a clear instruction for Davies:
“Make sure that anyone who is interviewing the jurors makes it clear they have no obligation to talk to anyone.”
Verser also set limits for public comment when Pierce is sentenced, mandating that only family members of the victims will be allowed to address the court.
Verser said all other comments should be submitted in writing to Jefferson County Superior Court, Jefferson County Courthouse, 820 Jefferson St., Port Townsend, WA 98368.
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Jefferson County reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
