Mullen pleads not guilty to sex-offender slayings

A week-and-a-half ago, Michael A. Mullen told Bellingham police that he murdered two sex offenders. A day later, the 35-year-old Whatcom County man told a judge he wanted to plead guilty and that he didn't want a lawyer.

Now — perhaps because of a quirk in state law or a change of heart — Mullen says he's not guilty.

At his Whatcom County Superior Court arraignment yesterday, Mullen, with two public defenders at his side, pleaded not guilty to two counts of aggravated first-degree murder, a charge that carries either the death penalty or life in prison as the only possible sentences.

The not-guilty plea may have come as a surprise to some, considering how Mullen previously proclaimed his guilt in letters to news outlets, including The Seattle Times, and in Web postings. Mullen said he killed Victor Vazquez, 68, and Hank Eisses, 49, on Aug. 27 because he wanted to protect society from sex offenders.

"Guys in this situation often do change their mind," explained Tim Ford, a defense lawyer who has handled death-penalty cases.

Even if Mullen did not change his mind, however, state law says a defendant charged with aggravated first-degree murder may only plead guilty with the consent of prosecutors during the 30-day period following arraignment. That's the time frame during which prosecutors decide whether to file a notice of intent to seek the death penalty.

Ford said the law dates back to the case of Donald Martin, who pleaded guilty to aggravated first-degree murder before the prosecutor filed a death-penalty notice. Martin later argued, successfully, that meant he was insulated from the death penalty.

Mullen's attorneys have 30 days to gather information about him to show prosecutors why he should not be put to death.

"There are basically no limits that can be placed on the introduction of mitigating evidence," said Jeff Ellis, a defense lawyer who's in the middle of a death-penalty case in Snohomish County.

Some mitigating factors that might be considered are whether Mullen had a history of mental-health problems, and his state of mind at the time of the crimes, Ellis said.

Larry Mullen said his younger brother spent the weeks leading up to the murders drinking and taking prescription drugs. He also said Michael Mullen had been molested as a child.

In letters to the media and to police, Michael Mullen said he was spurred to kill the two men after hearing about the case of Joseph Edward Duncan III, a sex offender who allegedly abducted two children in Idaho.

"My goal is to beat J. Duncan to death, so I can be there when he arrives," he wrote in a letter to The Seattle Times sent from Whatcom County Jail.

Reporter Mike Carter contributed to this story. Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com