Haq's second murder trial in Jewish Federation shooting goes to jury

For at least one survivor of the 2006 shooting attack at the Jewish Federation of Greater Seattle, the second trial for admitted gunman Naveed Haq was worst than the first.

Cheryl Stumbo, 47, choked back tears Thursday after hearing more than three hours of closing arguments in the trial of Haq, whose fate now lies in the hands of a King County jury. The 34-year-old Tri-Cities man faces a possible life sentence for storming the Belltown offices, killing the federation's campaign director and wounding five other women.

"It almost seems worse for me as time goes by," said Stumbo, who was among the five women wounded. "I hope they come to a decision quickly. I can't go through this again."

Haq's first trial ended in a mistrial in June 2008 after jurors said they were deadlocked on all but one of the 15 criminal counts he was facing. Stumbo and the other victims testified during both trials.

The focus during the seven weeks of the second trial was Haq's mental state at the time of the July 28, 2006, attack. The defense did not dispute that Haq walked into the offices and killed one employee and wounded five others, but insisted that he was legally insane at the time.

Haq has pleaded not guilty by reason of insanity, and the defense produced several mental-health experts who testified about his illness. Defense attorneys are asking that Haq be sent to a state mental hospital.

"Mr. Haq had a mental disease or defect on July 28, 2006," defense attorney Christopher Swaby said during his closing argument. "It affected his ability to know the difference between right and wrong."

Senior Deputy Prosecutor Erin Ehlert, in her closing argument, told jurors they could "disregard" mental-health experts called as witnesses "because the state agrees he has a mental illness."

But prosecutors believe Haq was not insane when he opened fire in the federation offices.

"He wanted to kill these women," Ehlert told the jury. "He knew exactly what his intent was when he walked in there. He planned this."

Since the trial started, victims of the attack and other witnesses who testified in the first trial recounted what happened for a second time. Stumbo said the second trial was much more emotional because she is no longer numb from the post-traumatic stress disorder she had during the first trial.

In addition to Stumbo, Carol Goldman, Dayna Klein, Christina Rexroad and Layla Bush were also wounded. Killed was Pamela Waechter, 58.

For the second trial, prosecutors reduced the number of charges to simplify things for jurors. They eliminated seven of the charges from Haq's case, including one count of first-degree burglary, five counts of malicious harassment and one count of kidnapping.

The jury is deliberating on eight counts — one count of aggravated first-degree murder; five counts of attempted first-degree murder; one count of unlawful imprisonment; and one count of malicious harassment, the state's hate-crime law.

In the second trial, prosecutors also introduced audio recordings from 10 phone calls Haq placed to his family after his arrest. In the calls, recorded by the King County Jail, Haq told his mother he was "a soldier of Islam."

Prosecutors did not introduce the recordings during Haq's first trial because they didn't think the tapes would have any relevance, said Ian Goodhew, deputy chief of staff for King County Prosecutor Dan Satterberg.

Throughout the trial, and in her closing argument, Ehlert played the recordings of Haq's phone to show that Haq was sane.

"You should be proud of me. I'm a martyr now. I'm going to go to heaven," Haq said in one call to his mother. Haq's parents were present for closing arguments Thursday; his mother appeared emotional once jury deliberations began.

Witnesses said Haq, who is of Pakistani heritage, railed against Jews and U.S.-Israeli policies as he opened fire.

Haq surrendered after talking with a 911 dispatcher who said that she couldn't fulfill his demand that she patch his phone call into the CNN newsroom.

On the 911 tape, which the prosecution played for jurors Oct. 21 during on the opening day of the trial, Haq said he was tired of the world ignoring the Muslim point of view.

"I don't care if I die," Haq said to the dispatcher. "This is just to make a point."

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com

Information from Seattle Times archives is included in this report.