2002 Murderer Out Of Appeals

State Supreme Court Denies Review Of Huwe's Case; 39-year

Sentence Stands

DAYTON - Daniel Huwe has just about exhausted his options. The 31-year-old man was found guilty of second-de­gree murder and first-degree assault by jury trial in Dayton in 2007. He was sentenced to 468 months, or 39 years, in prison. For years, Huwe has fought that sentence, begin­ning with his first conviction in 2005, which he was suc­cessful in having overturned. The State retried his case in Columbia County in 2007, this time bussing in a jury from Walla Walla County. Huwe was again found guilty.

Again he appealed, argu­ing that his constitutional rights had been violated in 15 instances, including bias on the part of County Prosecu­( tor Rea Culwell and Judge William D. Acey. The state Supreme Court agreed in March of this year to review his case on just one particular: whether Huwe's rights had been violated by bussing in jurors from Walla Walla County.

On Nov. 4, however, the Supreme Court determined by unanimous decision that the review was "improvidently granted." The review was dismissed. Conviction and sentencing stand.

"The Supreme Court withdrew its review because they decided they shouldn't have granted it in the first place," Culwell said Monday.

Huwe has two options left, Culwell said. He could take his case to the U.S. Supreme Court, asking that they review the state Supreme Court's decision. He could also bring forth, as he has done in the past, a personal restraint petition.

Personal restraint petitions are an avenue for convicted criminals who believe their constitutional rights have been or are being violated, perhaps with their underlying case or with how or where they're being held or treated, to request that the court of appeals or the Supreme Court hear their case.

These petitions, which are more difficult to pursue and do not grant the petitioner the right to an attorney, are used once a convicted criminal has run out of all other shots at an appeal.

According to court documents, on June 12, 2002, Captain Mark Franklin of the Columbia County Sheriff's Office responded to a 911 call at Cathlin Donohue's residence in Dayton. He found Lenore L. Lawrence and Donohue lying on the floor suffering from gunshot wounds. Lawrence had been shot in the back and Donohue in the thigh.

Donohue named Huwe, whom she previously dated, as her assailant. The two victims were taken to the hospital, where Lawrence died from her wounds.

Huwe was arrested near the shooting scene that same day with the gun on his person. The State charged Huwe with first-degree premeditated murder and first-degree assault. He was found guilty in 2005 of second-degree murder and first-degree assault.

The State court then granted Huwe's personal restraint petition, vacated his convictions, and ordered a new trial.

In 2007, the new panel of jurors from Walla Walla County found him guilty of second-degree murder against Lawrence and firstdegree assault-domestic violence against Donohue. The jury also found the existence of a firearm enhancement on both counts and one aggravating circumstance on the count of first degree assaultdomestic violence, which increased sentencing from the first trial.

Huwe is currently serving his sentence at Coyote Ridge Corrections Center in Connell, Wash.