A12 Saturday, 06.21.2014 The Daily Herald
Trial From Page A1
evidence found 19 years ago but was not a suspect in either case until DNA testing in 2008. Giles’ criminal record includes the 1987 rape of a woman attacked while she was using a Lynnwood tanning bed and other crimes against women and girls, starting in his teens. He was just two days from finishing his latest prison sentence — for flashing his genitals at young women in Seattle — when King County prosecutors in July 2011 obtained court orders to have him locked up indefinitely at the state’s Special Commitment Center on McNeil Island while they pursued a civil case to
have him declared a sexually violent predator. Giles was awaiting trial on that civil case when he was charged in late 2012 with the Snohomish County cold-case killings. King County prosecutors promptly dropped the sexpredator case. Records reviewed by the defense demonstrate prosecutors in the neighboring counties were working in concert three years ago, and they shouldn’t now be able to benefit by maintaining that the civil and criminal cases were separate efforts, Friedman said. Giles was the client in the civil case and he has not invited the people now trying to convict him of two murders to examine work done by attorneys who were earlier working on his behalf, Friedman said. Snohomish County deputy prosecutor Craig
Matheson told Weiss on Friday that prosecutors in both counties had similar interests in Giles but pursued separate cases. He said that emails Friedman found from Matheson discussing the “favor” King County prosecutors had done on Giles were being taken out of context. Weiss said what happened when the civil case was under way was less important than what has happened since. Giles’ previous attorneys waived attorney-client confidence when they supplied Friedman with the materials they’d gathered, including notes from interviews they conducted with potential witnesses in what is now a criminal case, the judge ruled. He ordered Friedman to give Matheson the records but restricted whom he can
share the material with, at least temporarily. Lawyers earlier this month arrived at a schedule for arguing the host of legal issues that must be resolved before his trial, which is now scheduled for late September. The judge has been told to anticipate battles over the admissability of statements Giles allegedly made about the charges against him; how much jurors should be told about the troubled work history of some of the police who worked the case over the years; and whether it is proper for Giles to be tried simultaneously for the Berry and Brazzel cases. Brazzel’s body has never been found. In court papers, Giles’ lawyers say they do not believe her death can be proved beyond a reasonable doubt.
Safe
There are also questions over whether state forensic scientists will be able to provide defense attorneys all the information they need ahead of the September trial date. Another delay might be necessary, Weiss was told Friday. Giles was living south of Everett in 1995, supporting himself through under-the-counter jobs. He was known to frequent the same pub where Brazzel reportedly was last seen and where Berry often stopped after work, according to court papers. The statistical probability of a random DNA match to Giles in the Berry case was calculated at 1 in 580 million, and 1 in 56 quadrillion in the Brazzel case, according to court papers. Scott North: 425-3393431; north@heraldnet. com.
Free swim-class schedule
From Page A1
most important is attentiveness when a child is in or near water, Parent said. Many people incorrectly assume that if someone is at risk of drowning, they will thrash in the water and yell for help. “Most drownings are very silent,” Parent said. One study found that 88 percent of children were being supervised at the time they drowned. Parents seem to underestimate the level of supervision they need to provide. They think that simply being nearby is enough, instead of being in the water so they can reach a child immediately, according to a study about drowning published last year by the journal Accident Analysis and Prevention. Sharon Salyer: 425-3393486; salyer@heraldnet. com.
Mill Creek YMCA July 7-31, Mondays and Thursdays: 12:30 or 1 p.m. July 7-30, Mondays and Wednesdays: 4, 4:30 or 5 p.m. July 8-Aug. 1, Tuesdays and Fridays: 12:30 or 1 p.m. July 8-31,Tuesdays and Thursdays: 5:15, 5:45 or 6:15 p.m.
Everett YMCA GENNA MARTIN / THE HERALD
Harvinder Kaur, 6, jumps off the wall to Aquatics Director Jannette Parent during Wednesday’s Swim Access class at the Mill Creek YMCA.
Free swim classes Free swim classes for children from 3 to 12 years old will be offered at the Everett and Mill Creek branches of the YMCA of Snohomish County. Registration must be in person. The Mill Creek branch is at 13723 Puget Park Drive, Everett. The Everett branch is at 2720 Rockefeller Ave. More information is available at tinyurl.com/YMCAswimsafety or by contacting Janette Parent, aquatics director, at parent@ymca-snoco.org.
June 30-July 10, Mondays, Tuesdays, Wednesdays and Thursdays: 10:30 a.m., 11 a.m., 11:30 a.m., 3 p.m. or 3:30 p.m. June 30-July 23, Mondays and Wednesdays: 4:15 or 4:45 p.m. July 1-24, Tuesdays and Thursdays: 4:15 or 4:45 p.m. July 14-24, Mondays, Tuesdays, Wednesdays and Thursdays: 10:30 a.m., 11 a.m., 11:30 a.m., 3 p.m. or 3:30 p.m. July 28-Aug. 7, Mondays, Tuesdays, Wednesdays and Thursdays: 10:30 a.m., 11 a.m., 11:30 a.m., 3 p.m. or 3:30 p.m.
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plan to finish the western portion in September. Rugh said he hopes the new highway will be open by October. During Thursday’s meeting, people from Oso said they worry that keeping side roads open during construction could lure “looky-loos” interested in accessing the slide zone. Security patrols are planned to prevent access to the slide area, Rugh said. Snohomish County Parks Director Tom Teigen said it’s common for people to visit the scene of a disaster. A future memorial could draw 250,000-plus visitors each year, he said. Planning for such a memorial is in the early stages, he said. It’s likely to be a multi-year effort, funded through private donations and driven by the families affected most by the slide. “This is going to be your memorial site,” Teigen said. “It’s going to be brought together by people who have suffered an extreme personal loss of a loved ones.” Several people at Thursday’s meeting urged that any discussions of a memorial be put on hold until the last of the 43 mudslide victims is recovered. Molly Kristine “Kris” Regelbrugge, 44, has not been found. Neighbors asked that any money being raised for a memorial instead be directed to search efforts. “We’re willing to go to bat for that,” Teigen said. Noah Haglund contributed to this report. Kari Bray: 425-3393439; kbray@heraldnet. com.
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