Story of Opel's childhood told as jury weighs penalty

EVERETT — Barbara Opel was the product of an extramarital relationship. She was spoiled and immature. And that could explain why she hired five teens to beat, stab and punch her boss to death, her attorney argued yesterday.

In opening statements in the death-penalty phase of Opel's trial yesterday, attorney Brian Phillips pleaded with jurors to consider Opel's inability to comprehend the consequences of the murder-for-hire plan. Phillips said Opel suffers from "brain dysfunction" and should not be executed for Jerry Heimann's slaying two years ago.

But prosecutors told the jurors they must send Opel to death row if they find no legal reason not to. And the dead man's son told jurors how Opel's actions have left him without a best friend and a father.

"Barbara Opel had my father tortured and his body mutilated as he was dying," Greg Heimann said. "How can anyone make sense of that?"

The same jurors who on Tuesday found Opel guilty of aggravated first-degree murder now must decide whether she should be executed or spend the rest of her life in prison. If Opel is condemned, she will be the first woman on Washington's death row. All 12 jurors must agree on the death penalty.

The 39-year-old Everett woman clutched a tissue and sobbed as Phillips gave jurors an overview of Opel's life, and a preview of about 25 character witnesses and relatives he began calling yesterday in an effort to persuade jurors to spare Opel's life.

When Opel was born in May 1963, her mother fled the hospital because the baby was the result of an extramarital relationship. Her mother collected the child at a Spokane-area orphanage two months later. And Opel and her mother became inseparable.

The family moved to a Bothell mobile-home park, and Opel was spoiled, bratty and appeared to have a split personality, witnesses testified.

Opel had two bedrooms filled with porcelain dolls and a closet filled with new clothes; her biological father, a gambler who spent much of his time at the racetrack, indulged her with her own horse, Opel's lawyer said.

Esther Lawrence of Woodinville, who went through school with Opel, testified that she never saw Opel play with her toys or ride her horse. She said Opel spent a lot of time with her mother.

"One minute she was your friend and the next minute was the glare," Lawrence said. "I was never sure of our friendship."

A few years after graduating from high school, Opel had her daughter Heather, who has been convicted in Heimann's slaying. Two more children followed.

Diane Quammen, an obstetrician-

gynecologist at The Everett Clinic who was Opel's doctor through all three pregnancies, said Opel's mother came with Opel to most prenatal visits. Even though Opel was married to William Opel during the first two pregnancies, and dating another man during the third, Quammen said she never saw a man with Opel.

Quammen said Opel and her mother seemed like sisters.

"It seemed like they didn't need the father, they had each other," Quammen said. "At that time, I envisioned Barbara would grow up and be like her mother."

Phillips said Opel's relationship with her mother was similar to the relationships she had with her three children.

Witnesses said Opel rarely left the children's sight.

She was present at nearly all of their sporting events and went to a roller rink with them every Friday.

"All of the (other) kids thought she was cool," said Peggy Osborn, whose daughter played softball with Heather. "She was not acting her age. She wanted to be a buddy to her kids."

Osborn and other witnesses said Opel seemed to identify only with children and was always surrounded by her kids' friends.

In the spring of 2001, Opel solicited several teens to kill Heimann. She had lived with the 64-year-old to care for Heimann's ailing mother since the previous December. She testified last week that she had gotten tired of his verbal abuse.

With the promise of cash, a car and free tickets to a roller rink, Heather, Jeffrey Grote, Marriam Oliver, Kyle Boston and Boston's 13-year-old cousin killed Heimann on April 13, 2001.

All five of the teens have been convicted of participating in the slaying. Boston, now 16, was scheduled to be sentenced this morning, and faces up to 18 years in prison.

Jennifer Sullivan: 425-783-0604 or jensullivan@seattletimes.com