Abrams trial pushed back

Murder defendant seeks expert witness

EPHRATA — A Grant County man representing himself on charges of murder won't face a jury trial this week as previously scheduled.

Jury selection for the trial of Dustin Gene Abrams had been scheduled for Wednesday, but the 21-year-old defendant filed a motion Tuesday in Grant County Superior Court to delay proceedings. That motion was approved by Grant County Superior Court Judge Ken Jorgensen.

Abrams has been charged with first-degree murder in the death of 79-year-old Michael Mallon last year. Mallon was last seen alive in March of 2004, and his body was found in a shallow grave near his home in the Willow Lakes area Nov. 4. The cause of death was determined to be a gunshot to the back of the head.

Abrams had been serving a sentence at the Walla Walla State Penitentiary for stealing guns at Mallon's home. He reportedly confessed to authorities last year that he killed Mallon, but that confession likely won't be heard by a jury because the written and taped statements made at the penitentiary were allegedly made after Abrams told detectives that he didn't want to continue the conversation.

In his written motion filed with the court this week, Abrams said he has been unable to obtain expert witnesses for the case as his phone card and phone privileges have been temporarily taken away at the Grant County Jail.

"I'm forced to choose today between a fast and speedy trial or being prepared for trial," Abrams wrote in his motion, "If today I was to proceed on to trial it would prejudice me in a fair trial."

Abrams is representing himself in the case, but has a stand-by legal council in public defender Alan White. White wrote in court documents that he is looking to retain a former Washington State Patrol lab supervisor now in private practice to conduct further ballistics testing on bullet fragments found in Mallon to those seized by the Grant County Sheriff's Office.

A new schedule in the case now has a new date for trial of Sept. 27.

Abrams and prosecutors have been before the court much in recent weeks, and the motion to continue the trial was one of a number that the defendant filed. A recent motion to dismiss the case was not granted by Judge Jorgensen.

Grant County Prosecuting Attorney John Knodell said Wednesday that prosecutors were prepared to go to trial before the motion was made Tuesday, but did acknowledge that Abrams may need more time.

Abrams has also recently been charged with attempted escape and malicious mischief after an alleged escape attempt from his cell in the Grant County Jail.

Following the trial continuance, Abrams will now face his next pretrial conference on the murder charge Sept. 12.