By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Kenneth Slert will have to wait a while longer to find out if prosecutors will attempt for a fourth time to get a murder conviction to stick.
The Lewis County Prosecutor’s Office will petition the state Supreme Court in hopes of avoiding yet another trial in the case of a fatal campground shooting from almost a dozen years ago.
An appeals court last week remanded the case for a new trial for Slert. Slert was convicted of second-degree murder in the October 2000 death of 53-year-old John Benson, a truck driver and father of five from Eatonville.
Three times Slert has been found guilty in Lewis County Superior Court and three times the appeals court has overturned his convictions.
Most recently, the panel of judges said there was a violation of a public trial right and Slert’s right to be present at all times.
At issue is a closed door meeting between the judge and attorneys that led to four prospective jurors being excused during his most recent trial.
The former Tacoma man claimed self defense when he shot Benson twice following an evening of drinking and arguing over politics at a hunting camp off Skate Creek Road in East Lewis County.
Lewis County Prosecutor Jonathan Meyer excused himself from the decision making process because he represented the former Tacoma man when he was a defense attorney.
Senior Deputy Prosecuting Attorneys Sara Beigh and Will Halstead were tasked with deciding whether to hold a new trial, not hold a new trial or petition the Supreme Court.
Beigh today said the office will ask the state Supreme Court to review the appeals court decision.
There are a lot of cases on hold regarding a similar issue, Beigh said.
“We’re hoping at least a decision to stay the decision until the court decides that issue,” she said.
Th office has until early next month to file its petition and then it usually takes three to four months to get any type of response from the Supreme Court, she said.
Slert was sent to prison in mid-2004 and has been serving a sentence of a little more than 23 years.
Tags: By Sharyn L. Decker, news reporter
Self defense my butt. If you were so scared why were you hidding from the cops for pretty much all day. Then ran to the east coast if you were not guilty. John was a kind man and all hunters and camper have this rule that you do not go in to any camp site that some else is in unless you are invited. Furthermore why were there all of things stolen and things did not add up what you said and the evidence said other wise butt head