Attorneys For Yates Win Delay They Get More Time To Prepare Argument Against Death Penalty

A Superior Court judge gave defense attorneys for accused serial killer Robert Lee Yates Jr. another month to prepare an argument that could save his life.

Spokane County Prosecutor Steve Tucker was supposed to decide by Friday whether to pursue the death penalty against Yates, who is accused of eight counts of aggravated first-degree murder, one count of attempted first-degree murder and a count of attempted first-degree robbery.

But on Friday, defense attorney Richard Fasy asked Tucker to delay that decision until July 31 so he can prepare a mitigation package.

“It’s not the type of thing that can be capsulized in one sentence or one paragraph,” Fasy said of the report, meant to persuade prosecutors not to seek the death penalty for Yates.

The mitigation packages contain “positive character information,” he said. Psychological evaluations also can be included.

Fasy said many potential references for Yates are retired military officials whom defense attorneys have not been able to reach. Yates is a former Army helicopter pilot.

Other references for Yates will come from family and friends. It’s possible defense attorneys will seek another 30-day extension from the prosecutor before the July 31 deadline, Fasy said.

“Mr. Yates is 48 years old and has a lot of associates, so it’s going to take some time to locate these people,” Fasy said.

Tucker said that’s why he agreed to postpone a decision on the death penalty.

“We want to be calculating at every step in this process,” Tucker said. “We want to carefully analyze everything.”

Tucker went before Judge Richard Schroeder with deputy prosecutors Jack Driscoll and Larry Steinmetz. Fasy was present with Scott Mason and Jay Ames.

Yates, who has grown a full beard since his arraignment on May 31, said nothing in court during his less than three-minute appearance.

Unlike Yates’ previous court appearances, the courtroom was not overflowing with members of Yates’ family or victims’ families.

“We discouraged them (Yates’ family) because we knew this was going to be short,” Fasy said.

But Yates still received an armed escort of eight sheriff’s deputies to and from the Spokane County Jail for security purposes.

Spokane prosecutors believe Yates may be responsible for at least two more murders here and two in Pierce County. Tucker said he wasn’t sure “at this point” if Yates would be charged with additional murders in Spokane County in the near future.

Prosecutors say he shot his victims, all of whom were involved with drugs or prostitution, and dumped their bodies in remote locations.

Jerry Horne, chief criminal deputy prosecutor in Pierce County, said charging Yates for the murders of Melinda Mercer and Connie LaFontaine Ellis probably won’t happen soon.

“We don’t have any time lines on that. We do intend to charge, but we’re not under any time constraints,” Horne said. “We’ll coordinate with the Spokane County prosecutor’s office before we make any charging decision.”

Tucker said his office is in the process of drafting a federal search warrant that would give investigators permission to search Yates’ Army locker at Fort Lewis in Tacoma.

“There’s a lot more information the government wants in order for us to obtain a search warrant of federal property,” Tucker said.

Deputy Prosecutor Patti ConnollyWalker, who is working on the search warrant, would not say what prosecutors hope to find in the locker.

Late last week, prosecutors were stymied by Schroeder in their attempts to obtain Yates’ psychological and medical records.

“It’s more appropriate that we have those records before the state,” Fasy said.