EVERETT, Wash. — A Snohomish County judge is considering whether to grant a mistrial for a man convicted for the second time in the 2002 killing of an 18-year-old Marysville woman.
Lawyers for John Whitaker argue that his trial that ended with his conviction June 30 was so flawed that the only remedy is a redo.
says Superior Court Judge Linda Krese heard arguments Wednesday, including testimony from 15 jurors. She told lawyers to expect a written ruling by Friday.
Whitaker was previously convicted of aggravated murder in the 2002 death of Rachel Burkheimer, but the state appellate court in 2013 granted him a new trial.
According to the Herald,
"the Marysville teen was beaten, bound, stuffed in a duffle bag and driven to a rural area in east Snohomish County. The 18-year-old was forced to disrobe and to kneel into a shallow grave. Her ex-boyfriend, John "Diggy" Anderson, repeatedly shot Burkheimer."
"Whitaker was accused of taking part in the plot to lure Burkheimer to a south Everett townhouse. Prosecutors also alleged he helped dig Burkheimer's grave in the Cascade foothills and took the girl's jewelry."
Whitaker's lawyers say jurors in the June trial shouldn't have heard that their client invoked his right to remain silent when questioned by police in 2002.
The victim's father, Bill Burkheimer, says Whitaker has had two fair trials and two fair appeals.
The Associated Press contributed to this report.
Cox Media Group
