Court administrators explain "difficult" role on bench

In response to questions directed at a judge who declined to revoke bail for Isaiah M.K. Kalebu six days before he allegedly raped and killed a South Park woman, King County court administrators said on Monday that bail decisions are "some of the most difficult decisions faced by judges."

King County Superior Court Judge Brian Gain declined to comment on the case directly. However, court administrative staff released a statement explaining how judges must strike a balance between the safety of the community and the rights of the accused.

The statement said "it must be remembered that each one of us is entitled to be presumed innocent when we are brought before the court and that judges are required to apply the law in making bail decisions — some of the most difficult decisions faced by judges."

The statement cited the state Supreme Court rule that outlines the various issues judges must consider when weighing whether a criminal defendant should be allowed to remain free or be held in custody.

Kalebu, 23, is being held in King County Jail for investigation of first-degree murder, first-degree attempted murder and two counts of rape and burglary in connection with the July 19 stabbing death of 39-year-old Teresa Butz and the attack on her partner in the couple's South Park home. King County prosecutors said they expect to file charges against Kalebu on Wednesday.

Kalebu is also a suspect in the deaths of his aunt and her tenant in a July 9 arson-homicide at the aunt's home in University Place, Pierce County. However, he has not been charged in connection with the crime.

On July 13 — six days before the South Park attack and four days after the fire — Kalebu appeared before Gain for a hearing on unrelated criminal charges stemming from alleged threats he had made against his mother in March 2008. Kalebu had appeared before Gain at least two other times on the charges, according to court records.

Deputy King County Prosecutor Zac Hostetter asked Gain to remand Kalebu into custody, citing the University Place homicides, concerns over Kalebu's mental instability and the protection order his aunt had filed against him before her death. But Gain denied the motion.

Dan Donohoe, spokesman for King County Prosecuting Attorney Dan Satterberg, would not comment Monday on the judge's decision to let Kalebu remain free. Gain has not returned phone calls seeking comment.

Gain has been a Superior Court and District Court judge for 28 years, according to the statement.

Administrative court personnel said in the statement that the judge's decision to allow Kalebu to remain free was based on Supreme Court Criminal Rule 3.2, which lays out how a judge is to set bail and when a suspect is to be released.

According to Rule 3.2, the judge is generally to release a suspect on personal recognizance unless the judge is aware of a likely danger that the defendant will commit a violent crime, will attempt to intimidate witnesses, or may flee. The rule also lays out a long list of considerations that should be weighed by the judge, including the defendant's ties to the community, their reputation, mental condition and criminal record.

"Crimes, such as those alleged to have been committed by Isaiah Kalebu, leave our entire community reeling. Families in King and Pierce County are in mourning and will never be the same," the statement said.

The July 9 fire at the University Place home of Kalebu's aunt, Rachel Kalebu, came just one day after she received a temporary order of protection against her nephew, claiming he threatened to kill her. Isaiah Kalebu was questioned by police immediately after the fire and released.

On July 19, police say, Kalebu crawled through an open window at the South Park home of Butz and her partner, a 36-year-old woman. Butz died after being stabbed numerous times. Her partner survived and was released from a Seattle hospital the next day.

Kalebu was arrested Friday after DNA evidence from the South Park attack was linked to an attempted burglary in Auburn.

King County prosecutors and Pierce County detectives recognized Kalebu from a surveillance video taken during the Auburn burglary, authorities said.

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

Information from Seattle Times archives and news researcher Gene Balk is included in this report.

The information in this article, originally published July 28, 2009, was corrected. A story on a King County Superior Court judge's decision to allow Isaiah M.K. Kalebu to remain free six days before he allegedly killed a South Park woman incorrectly attributed a statement about that decision to the judge, Brian Gain. The statement was actually written and released by King County Superior Court administrative staff in response to media requests for comment from Gain. Judges are not allowed to comment on ongoing cases.