By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The Washington State Supreme Court will hear arguments next month on why Lewis County prosecutors should not have to hold a new trial for a man whose conviction for murder has been thrown out three times.
Kenneth L. Slert has three times been found guilty of second-degree murder in the October 2000 shooting death of 53-year-old John Benson at a campsite near Ashford. He claimed self defense.
Last year, after the appeals court remanded the case for a new trial, Lewis County prosecutors instead petitioned the Supreme Court to weigh in.
The case is among the few chosen to be heard during the current Supreme Court session.
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 appeals court said that was a violation of a public trial right.
The case is scheduled for 9 a.m. on Oct. 17 when each side will get 20 minutes to present their arguments. Two other cases are scheduled to be heard the same day on the same topic.
Slert is represented by defense attorneys Manek Mistry and Jodi Backlund. The state is represented by Lewis County Deputy Prosecuting Attorneys Brad Meager, Sara Beigh and Eric Eisenberg.
Lewis County Prosecutor Jonathan Meyer said yesterday if he wins, the conviction stands, but if Slert wins, his office will hold a fourth trial.
The former carpenter who lived in Tacoma has been in prison since after his first trial in 2004.
Tags: By Sharyn L. Decker, news reporter
Possibly you should all be asking WHY he keeps winning appeals. Twice his verdict has been overturned and he’s been tried & found guilty three times. Each time what has happened? Though the ‘jury’ found him guilty. The most recent appeal has to do with certain prospective jurors being eliminated (the reasons are unknown to the public). If you expect him Not to win another appeal, then expect that he receive as everyone should..A fair trial. Jury selection should not be a matter of Which jurors are most likely to find a person guilty. Expect LC prosecutors & judges to do their job right the first time & he wouldn’t have won so many appeals. I didn’t go to this trial, though I have been present in many jury selections & attended several trials. It’s an eye opener for those who aren’t familiar with ‘how stuff works”.
This is all so true. Thing that sucks through all of this is the family and friends. Like my dad always if you do the crime you have to do the time.
If you win an appeal the original conviction is overturned so double jeopardy doesn, t apply. He could be tried forever if he keeps winning appeals. Inmates have nothing but time on their hands.
But how many times can you try him for the same crime????
I had the great pleasure to have John Benson and what the s.o.b. is going to far. What should be done to him is what his did to John. John was a wonderful,kind this gentle man would give you the shirt right off his back. Why is the thing still getting to have this trails when the knows that his is guilty. So deal with and live with it and let the right of us live our lifes to.