Murder Ruling Sought In Firefighers’ Deaths King County Says Court Erroneous In Limiting Pang’s Liability To Arson

The King County prosecutor will ask the state Supreme Court on Wednesday to reconsider its 5-4 decision to block the state from trying Martin Pang for murder in the deaths of four Seattle firefighters.

A pre-filing copy of the 25-page motion said the state high court majority misread treaty law when it concluded that Pang may be tried for arson but not murder, under terms of an extradition order signed by Brazil and upheld by that nation’s court system.

No new issues were raised and no major errors were asserted.

Pang fled to Brazil after a 1995 fire that claimed the four lives and destroyed his parents’ frozen food warehouse.

It’s rare for the high court to reopen a case.

Dan Donohue, spokesman for King County Prosecutor Norm Maleng, characterized the move as “a necessary step we have to do prior to filing an appeal with the U.S. Supreme Court.”

Because of the divisions among federal courts on treaty law and extradition law, the U.S. Supreme Court is likely to grant review so the discrepancies can be resolved, Maleng chief of staff Dan Satterberg said in a recent interview.

“The issues involved in this case go well beyond our interest in the full prosecution of Martin Pang,” he said.

“They have implications nationally and for future cases.”

Satterberg said it could take as long as seven months before the U.S. Supreme Court says whether it will hear the appeal.

Pang lawyers declined comment until after the papers are filed.

After the court’s divided ruling on July 31, Pang attorney John Henry Browne called the decision a “no-brainer,” given the extradition terms.

The high court said King County can prosecute Pang only on the charge of first-degree arson.