Election delays DeLeon trial

The murder trial for a former foster mother in Stevens County has been delayed until early next year in the prolonged aftermath of an election battle for the prosecutor’s office.

The trial of Carole DeLeon, 51, was originally set for this fall but was postponed this week because incumbent Prosecutor Jerry Wetle was trailing challenger Tim Rasmussen. The trial has been rescheduled for February.

Wetle was still behind Rasmussen late Friday but had narrowed the gap as county workers continued to tally votes arriving in the mail. The longtime prosecutor trails Rasmussen by 190 votes with 1,200 votes remaining to be counted Tuesday.

Both Wetle and Rasmussen say they hope to prosecute the high-profile case in which DeLeon, a former paralegal, has been charged with second-degree murder in the death of her 7-year-old adopted son, Tyler.

“I think that’s a case that needs to go to a jury,” said Rasmussen, who currently works as a deputy prosecutor in Spokane County.

Wetle, who took office in 1980, has been criticized in the past year for his handling of the DeLeon case and for arranging a plea agreement with a high school teacher who impregnated a 15-year-old student. In an interview earlier this year, Wetle said he acted prudently in both cases.

Wetle moved to delay the DeLeon trial this week to allow Rasmussen to familiarize himself with the case.

“I told (Chief Criminal Prosecutor) John Troberg that he better get up to speed on the (DeLeon) case,” Wetle said Wednesday.

The death of Tyler DeLeon in January 2005 was one of the most controversial and high-profile cases handled by Wetle. DeLeon died of severe dehydration, and at the time of his autopsy, he weighed 28 pounds – the same as three years earlier.

In May, Wetle charged Carole DeLeon with criminal mistreatment of another young boy in her care. Two months later, DeLeon was charged with second-degree murder in Tyler DeLeon’s death.

Carole DeLeon has pleaded innocent to both charges. Through her attorney, she has repeatedly and strenuously denied any wrongdoing.

News of the delay in the trial – originally slated to begin in October – distressed the biological grandmother of Tyler DeLeon.

“This is a case that’s really hard to prove, and now it’s got to go into somebody else’s hands and start all over,” Pamela Reed said. “I just wish this whole thing was over so this family could get back together.”

After Tuesday night, Wetle trailed Rasmussen by 300 votes, but the county elections office had an additional 4,600 ballots to tabulate.

In Friday’s tally, Rasmussen led Wetle 2,776 to 2,586. The final results will be certified Sept. 29.

Rasmussen and Wetle faced off in the Republican primary in the conservative county north of Spokane. The winner will not face a Democratic opponent in the Nov. 7 election.

After Tuesday night, the elections office had thrown out 14 percent of the ballots because voters did not mark Republican or Democrat.

“This is not something I would prefer to have happen,” said Tim Gray, the county’s auditor. “But I think it was within the norm of what was happening across the state.”

Rasmussen said he would postpone any meeting with other employees of the prosecutor’s office – some of whom supported Wetle – until the election has been certified.

“That’s Mr. Wetle’s team,” Rasmussen said. “I appreciate any willingness they have to work with me. I also recognize that some people may have difficulty with it.”

Wetle said he had not decided what he will do if voters remove him from office.