Andrews Spared Death Penalty Trial Prosecutor Lowers Stakes For New Try At Conviction In ‘94 Double Slayings

The second trial of an accused double-killer will not involve the death penalty, Spokane County Prosecutor Jim Sweetser has decided.

Following a hung jury last month in the Joseph D. Andrews murder trial, Sweetser took another look at the strength of the prosecution’s case.

“It’s now not as strong as we thought at the beginning, when we added the death penalty notice,” Sweetser said.

Andrews’ next trial - still unscheduled - will be for lower stakes. If a jury convicts him of two counts of aggravated murder for the 1994 slayings of Eloise Patrick and Larry Eaves, he’ll face life without parole.

“That was the appropriate decision,” said Phillip Wetzel, one of two attorneys representing Andrews. “It was our opinion all along it was not appropriate to seek the death penalty.”

In the Andrews trial, jurors were divided evenly over the defendant’s guilt. They told attorneys afterward that the prosecution’s evidence needed to be stronger.

The second trial may be easier to win because death penalty trials create hyper-critical jurors, said Kootenai County Prosecutor Bill Douglas.

“You give jurors that extra responsibility, you really have to prove the case,” said Douglas. “It has to go to them not just beyond a reasonable doubt. It has to be a case of absolute perfection.”

The Andrews case was Sweetser’s second death penalty trial. He was assistant trial prosecutor in 1993 when a jury convicted Blake Pirtle of murdering two Spokane Valley fast-food workers and sentenced him to death. Pirtle remains in prison while appeals continue.

The Pirtle verdict is Spokane County’s only death sentence since Washington state restored capital punishment in the 1970s. Several other death penalty cases ended in guilty pleas or lesser verdicts.

Shortly after Sweetser was elected prosecutor in 1994, he decided to seek the death penalty against Andrews. A variety of legal problems delayed the trial until this year, making it the most expensive criminal trial in county history.

Sweetser said saving money had nothing to do with his decision not to seek the death penalty a second time.

But the move will save considerable time in jury selection. During the first trial, it took 12 days of questioning to find 60 “death-qualified” jurors .

Having no death penalty option also likely reduces Andrews’ court-appointed attorneys from two to one. Wetzel said Friday it was still unclear when Superior Court Judge Richard Schroeder will rule on which attorney will now represent Andrews.

One other capital case is pending. Dwayne Woods, accused of beating two Valley women to death last year, faces a possible death sentence if convicted.

Wetzel and Kevin Curtis, Andrews’ second attorney, suggested in court documents last year that Sweetser’s two decisions to seek the death penalty - against black defendants Woods and Andrews - were racially biased.

A judge rejected that argument. Sweetser said his office makes decisions in capital cases using state guidelines and office policies that have nothing to do with race.

Ultimately, though, he agreed that a subjective decision has to be made, and that is the job of the elected prosecutor.

After looking at the Andrews case and its circumstances, Sweetser said he turned to senior deputies in his office for advice before making a decision.

“Every case is different,” he said. “You may have a heinous crime, but not very good proof of premeditation. There are many variables that go into the decision.”

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