Tag Archives: Kitsap County Superior Court Judge Leila Mills

Closing Arguments in the Mustard Trial

CASE BACKGROUND: Closing arguments are slated this morning in the trial of Daniel J. Mustard, 19, accused of stabbing to death 87-year-old Ruby Andrews in South Kitsap on April 5, 2009.

The trial has largely revolved around Mustard’s mental state at the time of the crime. Jurors will be asked to decide whether he knew the nature and quality of his act on that day. Jurors will be asked to consider whether he could form the intent of his actions due to “involuntary intoxication” or “diminished capacity.”

He faces a life sentence if convicted of first-degree premeditated murder or a commitment at Western State Hospital if acquitted.

Closing arguments are slated to start about 9:30 a.m. or so.

LIVE BLOG: Dr. Dietz Testifies for Kitsap Prosecutors in PO Murder Trial

CASE BACKGROUND: A nationally known forensic psychologist is expected to testify today that a South Kitsap teen wasn’t legally insane when he killed an 87-year-old woman in April 2009.

Kitsap County Prosecutors plan to call Dr. Park Dietz to the stand in their first-degree murder case against Daniel J. Mustard. It’s been a long time coming; the trial has already been going since late September.

There is no argument between the attorneys involved of the fact that Mustard stabbed Andrews to death at her South Kitsap home on April 5, 2009. The contention is whether Mustard was insane under the state’s legal definition at the time of the crime.

Mustard’s attorney, Bryan Hershman, has already has already called to the stand a doctor who testified that Mustard was indeed insane when he killed Andrews.

We’ll begin the live blog at 9 a.m.

Mustard Trial Update: Prosecutors Close to Resting Case

The prosecution of Daniel J. Mustard for the murder of Ruby Andrews continues this week in Kitsap County Superior Court.

Prosecutors are continuing to put witnesses on the stand that back up deputy prosecutor Kevin Kelly’s opening argument: that the killing was an “act of greed and violence,” and Mustard told many others of the brutal homicide and how he’d committed it. That includes people he was with the day of the murder and jail inmates he’d told after he was arrested, as well as several hours of telephone calls being played for jurors.

The case hinges upon Mustard’s mental state at the time of the crime. There is no dispute of the fact that Mustard stabbed Ruby Andrews, 87 to death at her South Kitsap home on April 5, 2009.

Deputy prosecutor Kevin Hull told me Tuesday that the prosecution is close to closing its own case and that could happen as early as Thursday.

On Monday, the defense plans to call Dr. Mark Whitehill to the stand, Hull said. Keep in mind that defense attorney Bryan Hershman bears the burden to prove to jurors that while Mustard committed the act, his mental state was diminished to the point he couldn’t comprehend his actions.

That means that once the defense finishes with its case, prosecutors will be able to rebut the insanity argument — and plans to do so sometime after Thanksgiving with nationally known forensic expert Dr. Park Dietz.

We will keep you posted on the trial’s developments.