Defense wants teen's mental health info
Defense wants teen's mental health info
Eakin may take stand Thursday; trial on hiatus Wednesday
EPHRATA — Attorneys defending 15-year-old Evan Savoie must jump a large hurdle before proceeding with their intended argument that someone else killed 13-year-old Craig Sorger on Feb. 15, 2003, at Ephrata's Oasis Park.
Following a ruling by Grant County Superior Court Judge Ken Jorgensen, defense attorneys Randy Smith and Monty Hormel must base their argument on evidence before it can be used to defend Savoie who is charged with first-degree murder for Sorger's death.
The trial began Monday for Savoie who has pleaded innocent. The teen faces up to 26 years in prison if convicted.
"I have not seen the evidence," Jorgensen said Monday.
Further, the judge said he will not change his ruling until a legal basis is established to admit the evidence.
Hormel proceeded to name a man he believe was the last person to see Sorger alive, other than Savoie and his former co-defendant Jake Eakin, 15 of Moses Lake. Eakin pleaded guilty in April 2005 to second-degree murder by complicity in connection with Sorger's death and is serving 14 years.
Hormel said the man he believes was the last person to see Sorger alive has a criminal history, including assault.
"He loves knives," Hormel added.
"The idea of making him a perpetrator is a big leap," Jorgensen said.
Hormel has also raised the possibility the victim's father, Chuck Sorger, carried out the murder.
"He has a proven (Child Protection Services) record of abusing this boy," Hormel said. "We believe that he could have been a participant in his own son's murder."
The defense team is currently struggling to obtain a second interview with a provider at a local mental health agency who worked with Sorger. Defense attorneys interviewed a separate caregiver at the agency late last month.
The defense's attempts at reaching another provider have been met with objection from the Grant County Prosecutor's Office and Moses Lake attorney Garth Dano, a court-appointed and county-funded attorney for Sorger's family.
Hormel said Chief Deputy Prosecuting Attorney Stephen Hallstrom, who represents the agency, has denied the defense team access to the second caregiver.
Hallstrom said mental health officials consider information about treatment provided to its patients both privileged and confidential. They requested further access to be off limits to the defense attorneys.
The prosecutor's office, Hallstrom said, believes the defense attorneys are attempting to exploit the privileged and confidential records related to Sorger.
"(Sorger), an innocent child, whose life was wrongfully snuffed out before he could even experience most of what life has to offer, should not be further vicitimized by the defense team's shameful tactics to smear him and the whole Sorger family," Hallstrom wrote in a letter Friday to the defense team.
Jorgensen wants Smith and Hormel to establish what information they expect to receive before allowing the interview.
Hormel continues to object to the ruling.
During Tuesday's arguments, jurors heard from the first three Ephrata Police Department officers to arrive at Oasis Park and find Sorger's body.
Sgt. Dan Bohnet, who has been with the department for 19 years, testified first.
Bohnet was the first officer to reach the park after Sorger's mother, Lisa, had called 911 at 6:23 p.m.
Officers Joe Downey and Jeff Wentworth also testified. Downey found Sorger's body.
The trial was postponed Wednesday as Jorgensen was unavailable due to illness. The trial is expected to resume Thursday.
Eakin is scheduled to testify once the trial resumes. He has been moved from western Washington to a Chelan County detention facility in order to testify this week.
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