Yates’ Defender Seeks Another Delay Prosecutors Asked To Delay Decision On Death Penalty

Public defender Richard Fasy has again asked prosecutors to delay their decision on whether to seek the death penalty against accused serial killer Robert Lee Yates Jr.

Fasy met Wednesday with Spokane County Prosecutor Steve Tucker to discuss the delay, and Tucker may decide as early as today, Fasy said. A judge would have to approve the delay.

Tucker could not be reached for comment Wednesday.

Defense attorneys have already been granted three 30-day continuances to allow them more time to draft a mitigation package - arguments crafted to persuade Tucker not to seek the death penalty.

In Spokane County, Yates is charged with eight counts of aggravated first-degree murder, one count of attempted first-degree murder and one count of attempted first-degree robbery. Pierce County prosecutors have charged Yates with two counts of aggravated murder for killings near Tacoma.

All of the women Yates is accused of killing were involved in drugs, prostitution or both.

Fasy said he would like an extension of 45 to 60 days.

That would mean Tucker wouldn’t make a decision on whether to pursue the death penalty until mid- to late October. Under Washington law, there must be aggravating circumstances to merit the death penalty; Tucker has argued in court documents that those aggravating circumstances are present because Yates robbed the victims, killed them to cover up the robberies and committed the crimes as part of a common scheme.