PORT ANGELES — The Clallam County Prosecuting Attorney’s Office has filed a petition with Division I of the state Court of Appeals, requesting it reconsider portions of its decision to remand Dennis M. Bauer’s murder case back to Clallam County Superior Court.
In its opinion overturning Bauer’s conviction, the court of appeals wrote that “cumulative errors substantially prejudiced Bauer and denied him a fair trial.”
On Jan. 10, 2022, a jury found Bauer, 56, guilty of three counts of first-degree aggravated murder in the deaths of Darrell Iverson, 57, his son Jordan Iverson, 27, and Jordan Iverson’s girlfriend, Tiffany May, 26.
Bauer also was convicted of four counts of theft of a firearm, six counts of first-degree unlawful possession of a firearm and six counts of possession of a stolen firearm.
The prosecuting attorney’s office asked the court of appeals on Monday to reconsider three specific elements of its opinion.
“The first decision we’re asking the court to reexamine is what we believe may have relied on a misunderstanding of the facts in the case,” Clallam County Prosecuting Attorney Mark Nichols said. “The second is we’re asking the court to clarify its position on the murder charge in relation to the firearm convictions, and then we’re asking the court to take a second look at the cross-appeal and reconcile a couple of different passages from is ruling.”
The appeals court could deny the prosecuting attorney’s request, decide to reexamine some but not all of the issues, ask for a more targeted briefing or ask for arguments, Nichols said.
“We chose to bring the court’s attention those issues where we thought further consideration was warranted based upon existing laws in the state of Washington and the facts as set forth in the record,” Nichols said.
The same court of appeals panel of three judges will review the prosecuting attorney’s request; its decision could take from a few weeks to a few months or even longer.
“Regardless of the outcome of reconsideration, we still believe it’s likely that we’ll file a petition for review with the state Supreme Court at a later date,” Nichols said.
“These processes take time and that’s really out of our hands,” Nichols said.
There is the possibility, he said, that the prosecuting attorney’s office would need to retry the case in total or in part, depending on the decision of the court of appeals or the state Supreme Court.
Also convicted for their participation in the murders were Bauer associates Kallie LeTellier, 36, and Ryan Ward, 39. LeTellier pleaded guilty to second-degree murder and received a sentence of 33 years in prison. Ward pleaded guilty to first-degree murder and was sentenced to life in prison without the possibility of parole. Their cases were not appealed.
Bauer is currently incarcerated at the Coyote Ridge Corrections Center in Connell.
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Reporter Paula Hunt can be reached by email at paula.hunt@peninsuladailynews.com.
