PORT TOWNSEND — Convicted double-murderer Michael J. Pierce lost a bid for a new trial on Wednesday and will be sentenced Monday as previously scheduled.
Pierce’s attorney, James Gilmore, argued that Pierce should have a new trial and that judgement should be arrested before Jefferson County Superior Court Judge Craddock Verser on Wednesday.
Verser denied both motions, according to court documents.
Pierce’s sentencing is scheduled for 1:30 p.m. Monday in Jefferson County Superior Court, 1820 Jefferson Street.
A nine-woman, three-man jury on March 26 found Pierce, a 35-year-old former Sequim and Quilcene resident and Peninsula College student, guilty of the March 18, 2009, murders of Pat Yarr, 60, and Janice Yarr, 57, and of the arson of their Boulton Road home north of Lake Leland to cover up the crimes.
The jury also found Pierce guilty of the use of a firearm in each killing, first-degree robbery and burglary, theft of a firearm, unlawful possession of a firearm and second-degree theft of an access device.
Gilmore argued that there had been prosecutorial misconduct during the trial.
“There was no prosecutorial misconduct that I can see, and there is no evidence that the state made it difficult for the defense to gain access to any of the witnesses,” Verser said.
“The defense had a lot of failures in presenting their case,” Deputy Prosecuting Attorney Scott Rosekrans said.
“They are trying to lay those failures at the feet of the state.”
The Jefferson County Prosecuting Attorney’s Office seeks a life sentence for Pierce.
Gilmore said that he had no comment about the ruling other than “in most cases these motions are not granted.”
Rosekrans said he was pleased with Verser’s ruling and that his office acted properly at all times.
Gilmore accused Rosekrans of misconduct during his closing statement, saying that the prosecutor used several facts that were not in evidence.
He also acknowledged that Pierce committed the robbery but argued he was innocent of setting the fire because ATM records showed he was getting cash when the fire started.
Rosekrans argued that the time of the fire could not be pinned down, making the ATM records inconclusive, and Verser agreed.
________
Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
