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Thread: Byron Eugene Scherf - Washington

  1. #11
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    Suspect in Biendl murder booked into Snohomish County jail

    The suspect in the murder of Corrections Officer, Jayme Biendl, has been booked into the Snohomish County jail, which is the first step towards formally initiating his prosecution.

    The Snohomish County Prosecutor anticipates filing charges into District Court shortly, and a felony dismissal date of March 11, 2011, being set.

    Either before or on that March 11 date, charges must either be filed into Superior Court, dismissed, or the felony dismissal date extended by the parties.

    At this point, prosecutors anticipate filing charges into Superior Court on or about that March 11 date. That, of course, can change if there are further developments.

    Any charges that are filed are merely accusations. The defendant is presumed innocent until and unless proven guilty.

    This timeline has been communicated in writing to the suspect’s attorney, with a request that any mitigating information the defense wishes to present to must presented by March 7, 2011.

    Last week prosecutors met with many members of Officer Biendls’ family to answer their questions, express condolences on their loss, and explain how they intend to handle the case involving her alleged killer.

    They expressed their wish that the suspect, if convicted, receive the death penalty. Their wishes are part of what Prosecutor Mark Roe will consider in making that decision.

    “We all hope that the focus can remain on Officer Biendl, her sacrifice, and the risks that all law enforcement face every day,” Roe said in a written statement.

    The case will be handled by Senior Deputy Prosecutors, Ed Stemler and Paul Stern.

    http://www.lakestevensjournal.com/ne...sh_county_jail

  2. #12
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    Death-penalty decision in prison slaying may come quickly

    Snohomish County Prosecutor Mark Roe may not wait long before deciding whether to seek the death penalty against the prison inmate accused of killing corrections officer Jayme Biendl in January.

    Roe has given defense attorneys for Byron Scherf until Monday to submit their death-penalty mitigation information to his office, four days before Scherf is expected to be charged with aggravated murder in Snohomish County Superior Court.

    The mitigation information will essentially outline why the defense believes Scherf should not face the death penalty if he's convicted of strangling Biendl at the Monroe Correctional Complex.

    Roe will review the information before deciding whether to seek the death penalty or life in prison without parole.

    Traditionally, once a defendant is charged with aggravated first-degree murder in superior court, prosecutors in Washington state have 30 days from the arraignment to decide whether to seek the death penalty. The decision often is delayed if the defense needs more time to compile mitigation materials.

    Scherf isn't scheduled to be charged in Snohomish County Superior Court with Biendl's slaying until March 11 and arraigned on March 15. He was charged last month in Everett District Court, but that charge will be dismissed and refiled in Superior Court.

    On Tuesday, Roe said that he is not required to take the entire 30 days after Scherf's arraignment to make a decision on the death penalty, hinting it may come sooner. He said he already has reviewed Scherf's extensive prison and criminal records.

    "This is a somewhat unique situation in that the suspect has been a prison inmate for a good part of his adult life. Many records already exist," Roe said.

    Roe did not say whether this means he already has made up his mind.

    Roe said members of Biendl's family told him that they support the death penalty. But Roe said Tuesday that "there are steps that I intend to take before I make my decision."

    "One of those is meeting with Jayme's family, which I have done once and I will do again. Another is to meet with all of my senior deputies and review the case and [meet with] the law-enforcement folks who investigated it," Roe said. "I have a real benefit personally in that I have handled many homicide cases and two cases where the death penalty was sought. I think that experience will benefit me in being able to make a decision in a timely fashion."

    Everett lawyer Karen Halverson, who is leading Scherf's defense team, did not return phone calls or e-mails on Tuesday. Scherf, who has spent much of the past 30 years in prison, was serving a life sentence for his third rape conviction when the 34-year-old Biendl was slain on Jan. 29.

    Scherf, 52, told Monroe police that he waited for everyone to leave the prison chapel on Jan. 29 before approaching Biendl from behind and wrapping a cord around her neck, according to a probable-cause statement released by prosecutors. After the slaying, Scherf sat down in the chapel foyer and waited for prison staff to find him, according to the statement.

    http://seattletimes.nwsource.com/htm...scherf02m.html

  3. #13
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    Scherf’s lawyers fail to make prosecutor’s deadline for info

    By Diana Hefley
    Herald Writer

    EVERETT -- As of Monday afternoon Byron Scherf's attorneys hadn't sent Snohomish County Prosecuting Attorney Mark Roe information for him to consider before deciding whether to seek the death penalty.

    Roe had given the defense until Monday to provide him with any information that may argue for leniency.

    Scherf, a convicted rapist, already is serving a life sentence without possibility of release. He now is charged with aggravated murder for the Jan. 29 strangulation death of corrections Officer Jayme Biendl at the Washington State Reformatory in Monroe.

    "I have not received anything," Roe said Monday afternoon. "I'll listen to anything they want to tell me."

    He already has reviewed a large amount of material that is available because of Scherf's lengthy history with the courts, Roe said.

    Scherf's lawyers said last month that they wouldn't be able to meet Roe's deadline. They sought an injunction to bar Roe from making a swift decision about the death penalty. They asked a judge to give them more time to gather information.

    No hearings have been scheduled for the injunction. Lawyers may be waiting for the criminal case to move into Superior Court before filing any motions.

    Scherf's lead attorney, Karen Halverson, couldn't be reached for comment on Monday.

    Regardless of what Roe decides, it will be up to a jury to decide if there are reasons to spare Scherf's life.

    Roe plans to meet with senior deputy prosecutors Wednesday to discuss the case. He also expects to talk with Biendl's family after the meeting, he said.

    Prosecutors have until Friday to refile the charge in Superior Court. Scherf could be arraigned as early as March 15. Under the law, Roe has 30 days after the arraignment to file an intent to seek the death penalty.

    Lawyers can ask the court for more time to compile and review any mitigation information, such as mental health history.

    In Scherf's case, much of his life has been documented through multiple trials and his three decades in prison. The state Department of Corrections has kept a detailed log of Scherf's behavior behind bars, including an in-depth risk assessment in 2001.

    That evaluation probed Scherf's violent criminal history and mental health. A corrections official concluded that Scherf is dangerous and should always be considered a risk to female staff.

    "Staff are concerned that his next victim could be a staff person," one corrections worker wrote June 1, 2001.

    Scherf has been serving a life sentence under the state's "three-strikes law" since 1997. He has convictions for rape and second-degree assault. All his victims have been women.

    Scherf is accused of attacking Biendl in the prison's chapel, where the officer worked alone. Evidence indicates that Biendl fought off the inmate until he was able to get a weapon -- an amplifier cord left on the chapel's stage.

    Scherf reportedly admitted that he strangled Biendl after he became angry with her over a conversation from earlier in the night. He allegedly told detectives that he deserves the death penalty for the killing.

    Biendl's family told Roe that they wish to see Scherf put to death.

    http://www.heraldnet.com/article/201...9922/-1/NEWS07

  4. #14
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    Prosecution moving in Monroe prison guard death

    The prosecutor is moving closer to a decision on whether to seek the death penalty for an inmate accused of strangling a correctional officer at the Washington prison at Monroe.

    The Daily Herald of Everett reports Snohomish County Prosecutor Mark Roe is discussing the case Wednesday with senior deputy prosecutors and meeting with the family of Jayme Biendl. She was strangled Jan. 29 in the prison chapel.

    A 52-year-old inmate, Byron Scherf, has been charged with aggravated murder in Everett District Court. Prosecutors have until Friday to refile the charge in Snohomish County Superior Court. Scherf could be arraigned as soon as March 15. Then, Roe would have 30 days to make the death penalty decision.

    Scherf's lawyer is expected to ask for more time to compile mitigating information

    http://seattletimes.nwsource.com/htm...ardkilled.html

  5. #15
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    Prosecutors move Scherf murder case to Superior Court; decision close on death penalty

    Snohomish County Prosecuting Attorney Mark Roe says he's close to deciding whether he'll seek the death penalty for a convicted rapist accused of killing Monroe corrections officer Jayme Biendl.

    Prosecutors on Friday moved the criminal case against Byron Scherf to Superior Court. Scherf is charged with aggravated murder for the Jan. 29 homicide.

    That paperwork doesn't say if Roe will seek the death penalty.

    "I believe I'm close to making a decision. I have for some been time reviewing the wealth of information that is available about the defendant, owing to his many years of incarceration."

    Some of the information would argue for leniency and some would not, Roe said.

    Scherf reportedly sent the prosecutor's office a note on Feb. 14. In that note, Scherf allegedly wrote: "I ask you to charge Aggravated 1st Degree Murder (w/the death penalty) at my arraignment and I WILL plead guilty! I have a moral obligation to do so. The Biendl family deserves no less. I will not put them through any more suffering than they area already enduring. They deserve swift justice and closure."

    Scherf has been serving a life sentence for the 1997 rape and kidnapping of Spokane area realtor. He has spent most of his adult life locked behind bars. The state Department of Corrections has kept a detailed log of Scherf's behavior in prison, including an in-depth risk assessment and mental health evaluation following a 2001 suicide attempt.

    Roe met with his senior deputy prosecutors on Wednesday to discuss the case. He also plans to meet with Biendl's family again Monday.

    "I may well have made a decision by that time, in which case I plan on announcing my decision Tuesday morning," Roe said Friday.

    The prosecutor said he remains open to hearing from Scherf's defense attorneys.

    He also cautioned that people should remember that filing a charge is different than presenting evidence of guilt.

    "Everyone is presumed innocent," Roe said.

    Scherf could be arraigned as early as next week, making his first in-person appearance in Superior Court.

    "In the event the death penalty is sought, a plea of guilty would not eliminate the need for a special proceeding to determine the appropriate penalty," Snohomish County deputy prosecutors Paul Stern and Ed Stemler wrote in charging papers.

    That's because only a jury can rule on whether a convicted murderer should be sentenced to die.

    Scherf made a brief video appearance last month in district court after he was arrested and booked into the jail for aggravated murder. Prosecutors first filed a criminal complaint in district court. Friday was the deadline for moving the case into Superior Court.

    After the Feb. 24 hearing, Roe told reporters that he was giving Scherf's defense attorneys until March 7 to provide him with information arguing for leniency.

    The day before the hearing Scherf's lawyers filed a civil lawsuit, arguing they didn't have adequate time to provide Roe with mitigation information. They asked a judge to bar Roe from making a swift decision and asked for more time to compile information for the prosecutor to consider.

    Nothing has happened with the civil case.

    Scherf also reportedly has told detectives that he should "forfeit" his life for killing Biendl, according to court papers.

    Scherf reportedly said that he attacked the corrections officers after he became upset with her over a conversation they'd had earlier in the night. Biendl, 34, was strangled with an amplifier cord left on the stage in the chapel at the Washington State Reformatory.

    http://www.heraldnet.com/article/201...WS01/703119827

  6. #16
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    Edited:

    Scherf death penalty decision expected Tuesday

    Snohomish County Prosecuting Attorney Mark Roe has scheduled a Tuesday morning press conference to announce whether he'll seek the death penalty for a Monroe inmate charged with the Jan. 29 killing of corrections officer Jayme Biendl.

    http://heraldnet.com/article/2011031...9890/-1/NEWS01

  7. #17
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    Prosecutors to seek death penalty in corrections officer's slaying

    Snohomish County prosecutors plan to seek the death penalty against Byron Scherf, the prison inmate accused of strangling a female corrections officer at the Monroe Correctional Complex in January.

    Prosecuting Attorney Mark Roe made the announcement Tuesday morning, ending speculation that began last month when Scherf was charged with aggravated murder in connection with the slaying of 34-year-old Jayme Biendl in the prison's chapel. The only penalties possible for aggravated murder are death or life in prison without parole.

    Roe said that Biendl's family supports the death penalty.

    Scott Frakes, superintendent of the Monroe Correctional Complex, said if there were ever a situation warranting the death penalty, "this is that situation."

    Scherf is scheduled to be arraigned at 2:30 p.m. Wednesday in Snohomish County Superior Court.

    Scherf, 52, was serving a life sentence after being convicted of three rapes since age 19 when Biendl was killed on Jan. 29. It was the first time a corrections staff member at the Monroe prison had been killed and the first slaying of an officer in a state prison since 1979.

    Biendl, of Granite Falls, had been with the state Department of Corrections since 2002 and was named the prison's Officer of the Year in 2008.

    According to the probable-cause documents outlining the police case, Scherf told police that Biendl said something that offended him while they were in the prison chapel the night she was slain. Scherf said it "triggered a response in me."

    "I got to the point where I knew I was going to kill her," Scherf said in his statement to police.

    According to the probable-cause statement:

    Scherf said he waited for everyone to leave the chapel. He then came up from behind Biendl and started pulling at her radio, eventually breaking it. Scherf said the two fought. Biendl bit him and stomped on his foot before they wound up wrestling on the floor, the probable-cause statement said.

    The document said Scherf then took a cord and wrapped it around Biendl's neck and strangled her.

    Scherf said he then sat down in the chapel foyer and waited for prison staff to find him, according to the statement. When corrections staff asked him about the injuries to his hands and blood on his jacket, he said he had gotten into a fight with other inmates.

    Prison staff did not inspect the chapel until about an hour later, when watch-control officers were notified Biendl had not returned her equipment before the end of her 9 p.m. shift, the probable-cause statement said.

    According to the statement, Scherf asked to speak with Monroe police investigators and waived his right to remain silent on Feb. 9.

    "I'm responsible for the death of the correctional officer," Scherf said, according to police. "I strangled her to death on January 29 at approximately 8:40 in the chapel."

    He also told investigators that he deserved to die.

    "I took her life and I think I should forfeit mine. If I get a life sentence and she's [dead] then there's no punishment attached to it because I already have a life sentence."

    When asked Tuesday morning whether Scherf's statement was a factor in his decision, Roe said "not at all." He said the decision was based on the crime and Scherf's criminal history.

    http://seattletimes.nwsource.com/htm...scherf16m.html

  8. #18
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    Convicted rapist accused of strangling guard in Wash. prison chapel pleads not guilty

    A convicted rapist charged with strangling a prison guard at the Monroe Correctional Complex has pleaded not guilty to a charge that could bring the death penalty.

    The Seattle Times reports that Byron Scherf's lawyer entered the plea on his behalf in Snohomish County Superior Court on Wednesday, one day after Prosecutor Mark Roe announced he would seek Scherf's execution if he's convicted.

    The 52-year-old is accused of killing Officer Jayme Biendl on Jan. 29 inside the prison chapel. According to court documents, Scherf has told police that he deserves to die for killing Biendl.

    A trial date was set for May 6, but that is likely to be delayed.

    http://www.therepublic.com/view/stor...-Guard-Killed/

  9. #19
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    Federal report due Monday on slaying of corrections officer at Monroe prison

    As one investigation into operations at the Monroe prison wraps up, another is set to begin.

    Gov. Chris Gregoire plans to be at the Monroe Correctional Complex on Monday to discuss findings from a federal report she ordered after state corrections officer Jayme Biendl was strangled Jan. 29 while she worked alone in the Washington State Reformatory chapel.

    Convicted rapist Byron Scherf, 52, is charged with aggravated first-degree murder and could face the death penalty if convicted.

    An internal investigation into what happened that night could begin in the next two weeks, Monroe Correctional Complex Superintendent Scott Frakes said Friday.

    "There are answers that need to be determined and questions that remain," Frakes said.

    The internal investigation will be done by leaders from three other prisons across the state.

    "It's never done in a 'got ya' manner," Frakes said. "It is an in-depth and critical assessment of what occurred and what needs to be fixed. It's not really to figure out if staff broke the rules or made errors that could be seen as disciplinary issues."

    But what if people made mistakes that contributed to the tragedy?

    "If through all of this we find that someone willfully broke the rules then there would be a separate investigation," Frakes said. "I don't have any sense today that any staff member willfully broke the rules."

    On Monday, the governor plans to brief reporters about findings by a team of investigators from the National Institute of Corrections.

    A three-member team from the federal agency, an arm of the Department of Justice, spent a week at the Monroe prison. The experts reviewed policies and procedures, staffing levels and the Department of Corrections' inmate classification system, which determines an offender's custody level.

    Scherf has a long history of violent crimes against women. He was classified as medium security despite being sentenced to life in prison with no possibility of parole. The move came about a year after a corrections department risk assessment of Scherf found he posed a particular risk to female staff and "should always be seen as potentially predatory and dangerous."

    Frakes said he has not seen the report, but he expects it will identify issues about the prison procedures and policies in place the night Biendl was killed. He also anticipates the report will raise issues about staff accountability and about how inmates are moved around the prison.

    Corrections Secretary Eldon Vail said earlier that he, too, expects recommendations will touch on issues identified by corrections officers, including whether more cameras are needed and if officers should be issued personal body alarms.

    The federal report is one of several investigations expected in Biendl's death. A criminal investigation led to charges against Scherf. There's also an ongoing investigation by the state Department of Labor and Industries, which will determine whether state workplace safety laws were violated. If labor officials find something wrong, they can issue citations and fines.

    The corrections department internal investigation will be run by three superintendents and associate superintendents from other prisons in Washington. All understand the state's prison system, but none has worked at Monroe, Vail said earlier.

    Scherf allegedly has admitted killing Biendl while she worked alone at the prison chapel, a place where he had volunteered for years. One of his attorneys has entered a not guilty plea on his behalf.

    Prosecutors allege Scherf waited for everyone else to leave before he attacked.

    The chapel remains closed, even though detectives no longer need it for their crime scene investigation.

    "I am going to keep it closed until we are absolutely sure that there isn't another issue" in terms of investigations, Frakes said. "I think we will start talking about the future of the chapel this summer."

    For now, religious services have taken place in a program and activities building.

    That's one of the changes put in place since Biendl's death.

    Frakes also has cut inmates visiting hours. The reduction will remain in place at least through June 30.

    It's part of what Frakes calls "the new normal" at the prison.

    Relatives will now get roughly two hours each visit. Previously, they could spend up to seven hours visiting on a given day.

    "We really need to take a hard look at are we leaving enough staff in place to adequately supervise what we are doing," Frakes said.

    That means making sure that there are enough staff free when corrections officers take their legally mandated 30-minute unpaid breaks midway through their shifts, Frakes said.

    Frakes discussed the changes Thursday night with about 75 friends and family members of inmates. Administrators also met with eight reformatory inmates Friday to discuss prison issues, including visitation and additional access to programs and showers that were cut during a lockdown after Biendl's slaying. The inmates are "tier representatives," who are appointed to represent fellow prisoners in their living units.

    Rachel Luther, whose husband is serving time at Monroe, said the changes will be hard on inmates and their families.

    Inmates at Monroe earned their medium and minimum security status through good behavior, she said.

    "They rely on those visits so much," she said. "It means so much to them."

    Many families travel for several hours to get to the prison.

    For now, the changes are necessary, Frakes said.

    "I certainly do understand the issue of a long drive and a short visit, especially with the issue of $4-a-gallon gas," Frakes said.

    http://heraldnet.com/article/2011032.../1059/COMM0618

  10. #20
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    Report on corrections officer death recommends personal body alarms, pepper spray

    Corrections officers at the Monroe prison should wear personal body alarms and carry pepper spray. Those are two of the findings in a report given to Gov. Chris Gregoire after an investigation into the death of a corrections officer inside the prison chapel on Jan. 29.

    Gregoire on Monday announced the findings by the National Institute of Corrections at the Monroe prison near Everett, where the slaying occurred.

    Correctional Officer Jayme Biendl was strangled to death. Convicted rapist Byron Scherf has pleaded not guilty to aggravated first-degree murder and could face the death penalty if convicted. According to court documents, Scherf earlier confessed to killing Biendl, saying he was angry with the way she spoke to him minutes earlier.

    http://www.therepublic.com/view/stor...-Guard-Killed/

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