Family of murder victim wants closure

EPHRATA — While the case surrounding the March 2004 killing and robbery of Michael B. Mallon languishes in Grant County Superior Court, a proper funeral continues to weigh heavily on the hearts of the victim's family.

On Friday, Grant County Prosecutor John Knodell revealed plans to proceed with the release of Michael Mallon's body to the family. He predicted it may take about two weeks before the Grant County Coroner's Office can finally release the remains.

"At this point, apparently, they've got all the evidence that they need or can get," said 68-year-old Brendan Mallon, Michael Mallon's younger brother.

Brendan Mallon serves as a pastoral associate at St. Peter's Catholic Church in Portland, Ore. He hopes to have his brother's funeral service at St. Peter's.

"We've been waiting quite anxiously for about a year to be able to give him proper respect and honor and closure," Brendan Mallon said Saturday. "We knew it would be a long process, but we thought it would probably be more like a year. It is coming up on two years now."

Michael Mallon was a 79-year-old retired state employee and World War II Army veteran who served in the Philippines.

He maintained a vigorous lifestyle, running 1,000 miles in the year prior to his death. He began running marathons at the age of 60.

Michael Mallon was enthusiastic about hiking and climbed several Northwest mountains, including Mt. Adams in Washington. He also loved to go gold mining near Medford, Ore., with his brother.

"He never smoked and he was a physical fitness person, very healthy in his lifestyle," Brendan Mallon said. "With any luck he would have had another five or 10 years of healthy living most likely."

However, Michael Mallon was last seen alive on March 26, 2004 in Soap Lake. His home was burglarized the same week he disappeared. The perpetrators stole a number of vintage World War II firearms, memorabilia, coins and a generator.

Both Brendan and Joseph Mallon planned to visit their brother at his 10-acre property in the Grant County Ranches area in early April 2004, but reported him missing after being unable to contact or find him.

The Grant County Sheriff's Office Posse searched the Willow Lakes area near Michael Mallon's home April 3, 2004. Deputies assumed he had been hurt in an accident during one of his regular hikes.

Michael Mallon's body wouldn't be found until eight months later, in November 2004. He was buried under a wood pile about 200 feet from his house. An autopsy showed the cause of death was a gunshot in the back of the head. His family hired a former FBI employee who was operating as a private investigator in Moses Lake. He led authorities to the body using a map drafted with the alleged help of an inmate at the Washington State Penitentiary in Walla Walla.

That inmate, Dustin Gene Abrams of Moses Lake, had entered an Alford plea in June 2004, admitting enough evidence existed to convict him of stealing Michael Mallon's guns. He received 30 months in the state penitentiary.

In June 2005, Abrams was charged with the murder of Michael Mallon and transported to Grant County Jail.

While waiting for the first-degree murder trial to begin, Abrams, now 22, tried to escape from the county's jail by chiseling halfway through the cell's concrete wall. A Grant County jury in October 2005 convicted him of attempted escape and malicious mischief.

He now awaits a May 2 trial date for the aggravated first-degree murder charge. Superior Court Judge John Antosz is scheduled to preside.

The state elected not to seek the death penalty in the case, according to court documents. If convicted, Abrams would likely receive life in prison without the possibility for parole.

"This was a hideous action and it caused great grief and frustration for so many people," Brendan Mallon said.

Patti Lee, one of Michael Mallon's seven children and the family's spokesperson, said she has had funeral arrangements in place for a year. She said the family has been frustrated by the number of continuances in the case.

"With every continuance the steps required for our family's emotional closure is continually postponed," she wrote to the court last month. "The emotional roller coaster that these continuances have created on our family's well-being is excruciating, especially for those very elderly family members."

Lee, of Idaho City, Idaho, said the process in court has taken too long and delayed the funeral.

"All of my dad's siblings are still alive but one and that's probably been the most difficult for them," Lee said. "Not to be able to have a burial or a memorial or anything for him."

She wants a speedy trial, but not at the cost of receiving a conviction that could be overturned.

"It's been really frustrating," Lee said. "But nobody wanted to make a mistake that would allow him future appeals."

Knodell is determined to make sure that doesn't happen.

"What's important is to have a conviction we can hang on to," he said.

Knodell attributes the drawn out process to one person.

"The decisions the defendant makes have the biggest influence of when this goes to trial," Knodell said. "Unfortunately, the state and the victim's family don't have a lot of say or rights at this point."

According to Brendan Mallon, the family blames Abrams for the delays too.

"We think he's just stalling," Brendan Mallon said. "Hopefully, this will finally come to an end in May."

Abrams initially represented himself against the murder charge and utilized Moses Lake attorney Alan White as his standby legal counsel. White eventually became Abrams' attorney in the case. Earlier this year, pubic defender David Kraft joined White in representing Abrams.

Kraft will have until May to prepare for the case and analyze discovery material which fills three large three-ring binders and two photo albums.

"I have devoted time to this case every day since first receiving discovery and I have not even begun to scratch the surface in terms of adequate preparation," Kraft wrote in court documents dated Jan. 19, 2006. "The one thing that I do know for sure is that there is a great deal more to the facts of this case than is contained in the 4,000-plus pages of discovery."

Kraft stated he would be prepared to proceed with the trial by Aug. 29.

Knodell said August is too late and believes a defense attorney should be able to prepare for this trial in four to six months.

"I don't think the Abrams case is that complex," Knodell said.

"With the people that I've talked to, nobody can believe that this has taken this long," Lee said. "And to be honest, I don't really know why it has taken this long. We've been pulling our hair out."

Brendan Mallon said a trial in May would bring closure.

"We thought the trial was going to happen about a year ago," he said. "Ultimately, what matters most is that there be a just verdict and a suitable punishment."

Lee hopes other high-profile cases in Grant County don't overshadow her father's case.

"My fear is that we will just get swept underneath the rug," she said.