Judge denies another delay in trial over officer's death

By Christine Clarridge
Seattle Times staff reporter

	Charles Champion
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The trial of Charles Champion, 21, has been continued a half-dozen times, to the frustration of prosecutors and the Underwood family.

Yesterday, King County Superior Court Judge Anthony Wartnik refused to grant a defense motion to once again postpone the trial, currently set to begin in May, for another six months. He left open, however, the possibility of reconsideration at a later time.

Champion is charged with aggravated first-degree murder for the shooting death of Underwood on Pacific Highway South on March 7, 2001, and is facing the death penalty if convicted.

Defense attorneys have argued from the beginning that Champion, who was 18 at the time of the shooting, should not have been a candidate for capital punishment.

They said the state has never proven that the shooting was premeditated, a necessary condition for the charge of aggravated murder.

Defense attorneys also argued in a recent motion that it's fundamentally unfair for prosecutors to attempt to seek the death penalty against their client after sparing Gary L. Ridgway.

King County Prosecuting Attorney Norm Maleng decided not to seek the death penalty against Ridgway, who pleaded guilty late last year to killing 48 women.

"That clearly demonstrates that the decision-making process is arbitrary," said defense attorney Jackie Walsh. "Nobody could have guessed Charles Champion would be facing the death penalty and Ridgway would not."

Yesterday, Wartnik also denied the defendant's request on the fairness of the death penalty in light of the Ridgway decision, but he told attorneys he was open to considering further information.

Among the many issues that have been raised by defense attorneys during the nearly three-year legal battle are questions about the constitutionality of the death penalty, whether it's applied proportionately and fairly; the relationship between black men and the police and whether race played an issue in the crime. Champion is black.
 
In addition, delays were granted to accommodate changes in the makeup of the defense team and funding issues for those lawyers.

Most recently, defense attorneys for Champion have argued that prosecutors reneged on an oral agreement to advocate against the death penalty in exchange for witness cooperation.

King County Superior Court Judge Robert Alsdorf has already ruled that there is not enough evidence against prosecutors to warrant an evidentiary hearing, but he agreed to reconsider his initial ruling.

Earlier this week, defense attorneys argued that prosecutors induced the cooperation of Champion's brother by promising they would advocate against the death penalty.

Prosecutors denied ever having made such a promise.

A decision from Alsdorf, due next week, could potentially delay the trial further.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com

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