PORT ANGELES — A woman who gave her daughter a toxic drink on Christmas more than four years ago in a murder-suicide attempt is seeking to have her convictions reversed.
Rhonda Marchi’s attorney, Gregory Link of Seattle, filed a legal brief in the state Court of Appeals last December seeking the reversal; the Clallam County Prosecuting Attorney’s Office filed its response brief on March 12.
Clallam County Deputy Prosecutor Brian Wendt said a ruling on the appeal could take between three and seven months.
Marchi is serving a 12-year prison sentence that began last May for first-degree attempted murder and first-degree assault of a child.
She was sentenced to 12 years for attempted murder and 10 years for assault. Both are being served concurrently.
If both convictions are reversed, Marchi would be free to go unless a new trial is held in Clallam County Superior Court, said Clallam County Prosecuting Attorney Deb Kelly.
The mother of three gave her then-10-year-old daughter, McKenna Hardy, a concoction of crushed prescription pills partially dissolved in grape juice in a failed attempt to kill her during a Christmas Day visit in 2006.
Marchi also drank the same drug cocktail. She awoke several hours later and phoned 9-1-1 after finding her daughter unconscious.
Marchi — diagnosed as having major depressive disorder and borderline personality disorder — claimed she was trying to protect McKenna from her father, who lived in Idaho.
McKenna testified during sentencing that her father has never harmed her.
Friends and family of Marchi said during trial that her depression had peaked in the month before the murder-suicide attempt.
The appeal claims Marchi cannot be convicted on both counts for the same crime, and the Clallam County Superior Court judge presiding over the trial should have told the jury that the prosecution had the burden of proving she was mentally capable enough at the time to comprehend her actions.
Marchi was convicted of assault and attempted murder for giving McKenna the drink, which her attorney claims is double jeopardy.
In its response, the Clallam County Prosecuting Attorney’s Office is arguing that double jeopardy doesn’t apply in this case, and there is no law that says the prosecution has the burden to disprove claims the defendant could not comprehend what they were doing at the time of the crime.
In its reply, the office argues that Marchi’s mental state is not a legitimate defense because it doesn’t justify or excuse the crimes.
The Prosecuting Attorney’s Office is arguing that double jeopardy doesn’t apply because there is no indication that lawmakers intended such crimes to be punished separately.
The office is requesting that if the appellate court overturns the assault conviction on the grounds of double jeopardy, that the attempted murder conviction remain intact.
At the beginning of Marchi’s trial, Superior Court Judge Ken Williams advised the jury that evidence of mental illness may be taken into consideration.
He didn’t say that the prosecution has the burden to disprove claims that the defendant’s judgment was clouded by a reduced mental state, as Marchi’s attorney is claiming.
Judge Williams gave himself the option of sentencing Marchi to 20 years, but decided upon the lesser sentence because she phoned 9-1-1 and because he said that her mental health helped explain her actions.
He said that neither excused what she did.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
