Pirtle Moves Another Step Closer To Execution U.S. Supreme Court Refuses To Hear Appeal Of Double-Murder Conviction

Tue., June 25, 1996

Bonnie Harris Asso Staff writer

The U.S. Supreme Court on Monday refused to hear Blake Pirtle’s latest death penalty appeal, sending the case back to a Spokane County judge who must set an execution date.

Last fall, the state Supreme Court upheld Pirtle’s sentence and ruled the 28-year-old Spokane Valley man should be executed for the “very brutal” murders of two young restaurant workers in 1992.

During his trial, Pirtle admitted to the throat-slashing killings, but argued the bloodshed wasn’t premeditated.

He blamed chronic drug abuse for sparking his sudden psychotic seizure inside the Burger King on North Argonne Road, about a mile from his home.

While robbing the restaurant of $4,200 on May 17, 1992, Pirtle killed two former co-workers: 20-year-old Dawnya Calbreath and 24-year-old Tod Folsom.

After Monday’s action, the next step in the appeals process will come in July, when Superior Court Judge Michael Donohue will hold a death warrant hearing.

An execution date will be set for sometime between July 24 and Sept. 23, said Deputy Prosecutor Kevin Korsmo.

Pirtle’s lawyer, Joan Fisher of Genesee, Idaho, wasn’t surprised by Monday’s development.

“It doesn’t mean anything,” Fisher said. “The Supreme Court doesn’t take many cases.”

She said Pirtle still has “many years” of appeal options left.

After Donohue sets the execution date, Pirtle can again appeal to the state Supreme Court. If it is denied, Pirtle can ask for a review of that decision in the federal courts.

If that fails, he can then file a habeas corpus petition in the federal system.

Under a new death penalty act signed by President Clinton earlier this year, Pirtle will be limited to one habeas corpus appeal, although the U.S. Supreme Court is considering a challenge to that law.

“There’ll be lots of challenges to that law,” Fisher predicted Monday. “The intent is to kill as quickly as possible.”

She said Pirtle won’t likely reach that stage in the appeal process until 1998. By then, the law could be changed.

Pirtle is one of a dozen men on Death Row at the Washington State Penitentiary in Walla Walla.

He will return to Spokane for the death warrant hearing next month. A date has not yet been set.

, DataTimes The following fields overflowed: CREDIT = Bonnie Harris Staff writer Associated Press material was used in this report.

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