Victim's Kin Upset By Overturned Death Sentence

After hearing yesterday that a federal judge had overturned the death sentence of the man convicted of killing her daughter, Barbara Parker-Waaga summarized her sentiment in four words.

"I have had it," she said.

In 1987, a Kitsap County jury convicted Brian K. Lord, 36, of the rape and murder of Tracy Parker, 16, of Poulsbo. He was sentenced to death.

A decade later, in a decision made public yesterday, Judge Barbara Rothstein upheld Lord's conviction, rejecting his claims that he was poorly represented by his lawyer and that key evidence was mishandled. But Rothstein threw out Lord's death sentence on grounds that his sentencing proceedings were flawed.

"My child's over here (in Kitsap County) in a graveyard where I visit her, and he's . . . celebrating tonight," said Parker-Waaga, who now lives in Port Hadlock in Jefferson County.

Rothstein ruled that prosecutors were unfairly permitted to cross-examine Lord after he addressed the jury during his sentencing. In his remarks to the jury, Lord alluded to his prior criminal history and accused police officers and prosecutors of lying.

According to Rothstein's ruling, the state could seek the death penalty for Lord through new sentencing proceedings in Kitsap County Superior Court, or waive the death penalty and Lord would be confined to prison for life without possibility of parole.

But prosecutors could appeal Rothstein's ruling to a higher court.

In cross-examining Lord, Rothstein ruled, prosecutors emphasized a polygraph test he failed and highlighted his past criminal convictions in California - tactics she said were "devastating" to Lord's case.

Rothstein ruled that the trial court erred in permitting prosecutors to question Lord about his statements to the jury, which she said violated his right to address his sentencers directly and without cross-examination.

"We certainly think justice was done with that decision, but we're disappointed she didn't order a new trial," said Lord's attorney, Sheryl Gordon McCloud.

Prosecutors characterized Rothstein's ruling as a setback, but said it remains possible that Lord will face the death penalty.

Assistant Attorney General John Samson said his office is considering whether to appeal to the U.S. 9th Circuit Court of Appeals, or to ask Rothstein to reconsider.

"One jury has already determined that a sentence of death was entirely appropriate for him," said Kitsap County Deputy Prosecutor Pamela Loginsky.

Lord's death sentence was upheld by the Washington State Supreme Court in 1994. Eight months later, the U.S. Supreme Court declined to review his appeal, sending the case back to federal court in Seattle.

Yesterday, Parker-Waaga said she viewed Rothstein's ruling as yet another bureaucratic snag in her family's 11-year quest.

"You can't imagine how long and drawn out this has been," she said. "The idea that he's happy and thinks he has one foot out of jail is not making my family happy."

Responding to the contention that yesterday's decision revolved around a loophole, McCloud said: "I don't think constitutional rights are technicalities. But I'm not going to criticize what the family said. They suffered a tremendous loss."

Jake Batsell's phone message number is 206-464-2595. His e-mail address is: jaba-new@seatimes.com