Murder Trial For Real - No `Nightmare' -- Proceedings Unusual - In And Out Of Court

It might be a scene from Nightmare Court - complete with obscene phone calls, name calling, contempt findings, naughty language and a defendant who refuses to speak to his lawyer, or even come to court some days.

But this is no nightmare, it's reality, and it's been unfolding in King County Superior Court.

In recent days, during the trial of brothers Emmett Nash and Jose Nash, accused of kidnapping, raping and murdering a woman:

-- Emmett Nash, 31, has sometimes refused to leave his jail cell and won't speak to his attorney, Harvey Chamberlin, alleging that Chamberlin made up a defense and told him to lie. Nash now is saying he will not take the stand and perjure himself.

-- Chamberlin, who was once disbarred and later readmitted to the bar, has been found in contempt of court for using abusive language during private ``sidebar'' conservations with the judge. In front of jurors, he also used words like ``horse's ass'' to describe attorneys.

-- Jeff Baird, the prosecutor, is the same deputy who in 1982 prosecuted Chamberlin in the shooting of a service-station attendant. It was because of that conviction that Chamberlin was disbarred.

He was readmitted to the bar after the conviction was overturned because of a procedural error. A retrial resulted in a hung jury and prosecutors chose not to seek a third trial.

-- Two jurors in the case have received obscene telephone calls.

The convoluted trial before Judge Marsha Pechman became more of a sideshow this week when Baird called Emmett Nash ``ungrateful, hostile and a liar,'' and Jose Nash's attorney said the entire proceeding had become ``a mockery and a farce.''

The Nash brothers are charged with kidnapping, raping, strangling and beating to death Sharmin Marie Coleman, 21, a South Seattle woman they encountered as she and a companion were on the way to a rock concert in the Tacoma Dome.

Her nude body was found Oct. 28, 1988, in the back seat of a car east of Kent.

For days, a mistrial has appeared imminent, but yesterday morning, Pechman denied motions for a mistrial, saying that while there had been many ``irregularities'' during the trial, jurors are unaware of most of them.

But she did upbraid Chamerblin: ``It's not my job to protect your reputation. It's not my job to vindicate your righteousness. And it's not my job to protect you from the press,'' she said.

Terry Mulligan, an independent attorney appointed by the judge to size up relations - or lack of them - between Emmett Nash and Chamberlin, had told the court this week that there was, indeed, a breakdown between the two, and that Chamberlin therefore could not provide Nash effective counsel.

Mulligan asked the judge to declare a mistrial.

But Pechman refused, saying that while Chamberlin was at times ``inartful'' during cross-examination, there was no showing of a conflict of interest between Chamberlin and Nash, and no evidence that Chamberlin had engaged in illegal or unprofessional conduct.

Through Mulligan, Emmett Nash has expressed concern that his real defense will never get before jurors because of the thesis that has been before the panel for weeks.

In opening statements, Chamberlin had told the jury that Coleman had been slain by her companion - not his client. Jose Nash contends he did not kill Coleman, but that they had consentual sex earlier in the evening in Tacoma. Robert Leen, representing Jose Nash, 28, said Chamberlin has been under great stress and that he ``has not functioned effectively.''

Leen fears Chamberlin's behavior in court has rubbed off on Jose Nash's case. Jurors have been kept in the jury room for long periods while attorneys argue, Leen noted.

``I can't imagine that the jury doesn't think something very odd is going on here,'' said Leen, who also asked for a mistrial.

Chamberlin, who described himself as a ``street fighter,'' on Wednesday had asked permission to withdraw from the case, apologizing for his rambling cross-examination of an FBI witness, saying it was the ``Chamberlin ego gone awry.'' Pechman refused to let Chamberlin withdraw as the defense attorney in the case.

Chamberlin also was critical of Leen. Chamberlin had refused to participate in the sidebar discussions - whispered conversations between attorneys and the judge outside earshot of the jury - telling Pechman at one point: ``It was clear to me Mr. Leen has your ear and I do not.''

Although she denied a mistrial, Pechman decided that from now on, all courtroom discussions will be on the record.

Also yesterday, the judge appointed Mulligan to serve as co-counsel for Emmett Nash, who still won't speak to Chamberlin.

Leen has said that Chamberlin, a public defender in Snohomish County who took the case as a private attorney without pay, may have sought to prove himself - or even a score with Baird for prosecuting him in the 1982 shooting case. Chamberlin denied this.

Late yesterday, the trial took a bizarre twist when Jose Nash would not speak to Leen and said he didn't want him as his attorney. A new attorney was being sought to assist Leen in determining whether Nash would testify. Nash now also is saying that Leen also concocted a wrongful defense for him. Leen's motion for a new trial was to be heard today.