State cancels condemned killer's execution

OLYMPIA — The state Department of Corrections has canceled Wednesday's scheduled execution of Darold Ray Stenson following the state Supreme Court's refusal to lift his stay of execution.

The department said this evening that a new execution date will not be set for at least 90 days.

Judges in two separate courts have imposed stays of execution for Stenson, 56, who was convicted of two counts of aggravated murder for the 1993 slaying of his wife, Denise, and a business partner, Frank Hoerner, at Stenson's Clallam County exotic bird farm.

In a unanimous ruling Monday, the high court denied the county's request to vacate the stay of execution, but allowed the county to renew its effort before a trial court in three months.

Judges in two separate courts have imposed stays for Stenson, 56, who was convicted of two counts of aggravated murder for the 1993 slaying of his wife, Denise, and a business partner, Frank Hoerner, at his Clallam County exotic bird farm.

The state high court had been asked to consider the stay imposed by Clallam County Superior Court Judge Kenneth Williams on Nov. 25 after learning a former inmate had come forward as a possible witness.

Williams initially had declined to issue a stay so requested DNA testing could be conducted, but reversed his decision after hearing details of the possible new evidence.

According to a court transcript, the new witness, Robert Shinn, claimed a second man had told him that Stenson was not guilty and had been framed.

Shinn said both he and the second man were high on drugs at the time of the conversation, about eight years ago, the transcript said.

The high court's decision likely means the execution will not proceed as scheduled on Wednesday, said state Assistant Attorney General John Samson.

"It does not mean that the execution will not occur in the future. It does not rule invalid the sentence," Samson said. "It simply provides additional time to litigate the DNA issue, and it's the state's position that the hearings will show the sentence was appropriate and it will be carried out in accordance with state law."

The decision came after the state's clemency board postponed action on whether Stenson should be granted clemency, noting the pending court action.

Last week, the state asked the U.S. Supreme Court to consider lifting a federal stay to the execution. In that case, U.S. District Judge Lonny Suko in Yakima approved a request by Stenson's attorneys, who argued that the state recently revised its procedure for administering lethal injections without previously announcing any changes or going through a rule-making process.

Clallam County Prosecutor Deb Kelly was out of the office Monday and could not be reached for comment.

But earlier in the day at the clemency hearing she expressed frustration about the efforts to stop the execution.

"If there is anything that can be said, it is not that there is a search for truth going on, but rather a search for delay, and further delay," she said. "That is unfortunate."

Associated Press writer Shannon Dininny contributed to this report.