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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Convicted killer, his public defender testify

Taryn Brodwater Staff writer

Gerald Barcella described Wednesday for the first time in court how he awoke in his landlord’s apartment in April 1995 and saw the 69-year-old man lying in a fetal position on the floor, a Pulaski ax between the two of them.

“Bill was dead. His eyes were glazed over, and he wasn’t breathing,” Barcella said, sobbing as he testified. “He wasn’t moving.”

Barcella then broke into uncontrollable sobs, prompting 1st District Judge John Luster to call a recess so Barcella could regain his composure.

The convicted ax-murderer took the stand Wednesday for a second day, detailing the reasons he believes he is entitled to a new trial. Barcella claimed, among other things, that his attorneys didn’t do a good enough job defending him in his 1997 trial.

Kootenai County Chief Public Defender John Adams was the first to testify Wednesday, called as a witness by Chief Deputy Prosecutor Marty Raap.

Raap said Adams was subpoenaed to respond to Barcella’s claims that Adams didn’t consider his wishes in defending the case, including arguing Barcella had diminished capacity.

Adams testified that his memory of the case – one of hundreds he’s handled in the past 25 years – was hazy. He said he couldn’t recall his discussions with Barcella in the months leading up to the trial. He couldn’t recall Barcella asking to take the stand in his own defense.

When Raap asked Adams if he felt he made any errors in the case, Adams said he did – one being that he didn’t win an acquittal.

“I’m sure I made many, many errors,” Adams said. “We all do in the heat of battle. I’m sure I did mess things up for Gerry’s defense.”

Adams said the state provides few resources for public defenders and noted that he was handling about 150 cases while representing Barcella in the death penalty case.

Barcella testified at length Wednesday about witnesses Adams should have called to impeach the prosecution’s witnesses and others who could have attested to Barcella’s reputation for honesty.

He said his criminal history was misconstrued by prosecutors and that one crime was noted as four separate convictions in the sentencing report provided to the judge, who sentenced him to 30 years to life in prison.

Prosecutors argued in Barcella’s 1997 trial that he killed Bill Smith because the landlord was threatening to evict him from Coeur d’Alene’s Harmony House apartments.

Barcella said Smith wasn’t trying to evict him, but another tenant. He also discounted other motives for the killing.

“I didn’t hate Bill,” he said. “I didn’t have any bad feelings toward him.”

He said he doesn’t remember killing Smith. He was in a drunken and prescription drug-induced stupor in the days leading up to the murder, Barcella said. He recalled crawling into his room that night and meeting Smith in the hall, who chastised him for coming home drunk at such a late hour.

After entering his apartment, Barcella said, he was drinking beer when he heard some young men from the neighborhood making noise outside his window. He said he yelled at them to “shut up,” then “grabbed the Pulaski and went out to talk to the kids.”

“That’s the last thing I remember,” Barcella said.

He said the killing was not premeditated.

Luster asked Barcella’s attorney, Michael Palmer, to prepare a written brief outlining Barcella’s arguments for a new trial. Raap will get a chance to respond before Luster issues a decision in the case.