A state appeals court Thursday ordered a new trial in Ephrata for a man who was the youngest defendant charged as an adult with murder in the state’s modern history.
The Court of Appeals decision faulted a Grant County judge for improperly closing the criminal trial of Evan Savoie, who was 12 years old at the time of the 2003 murder of a schoolmate.
The unanimous three-judge ruling also faulted Judge Ken Jorgensen, who has since retired, for improperly appointing a private attorney for the victim’s family and allowing that attorney to intervene in the criminal trial.
Savoie and co-defendant Jake Eakin were the youngest defendants tried as adults since 1931, making their case a nexus of debate about the culpability of juveniles.
Savoie, now 20, was convicted in 2006 of the brutal murder of 13-year-old Craig Sorger. Eakin, who was 13 at the time of the killing, pleaded guilty and testified against Savoie at trial. Savoie is serving a 20-year sentence at Airway Heights Corrections Center near Spokane.
David Koch, Savoie’s appeals lawyer, said Jorgensen closed the trial to the public during jury selection to discuss sensitive mental-health and child-protection records obtained by Savoie’s defense attorneys, as well as which witnesses would be called at trial.
Savoie’s attorneys objected to the closure, and to the appointment of an attorney for the Sorger family. In Thursday’s opinion, the appeals court found that the closure was “intended to protect the Sorgers’ interest” but did not Savoie’s interests.
Savoie’s appeal was stayed in 2008 while the state Supreme Court heard two cases about the right to open trial. In 2009, the high court ruled that improper closure was a constitutional violation warranting a new trial.
Thursday’s ruling “reaffirms the right to a public trial. We don’t have secret proceedings in Washington,” said Koch, Savoie’s attorney.
It is unclear if Grant County will appeal the ruling to the Supreme Court, or if he will retry the case. Prosecutor Angus Lee could not be immediately reached for comment.
The ruling does not affect Eakin’s case, as he pleaded guilty. He is serving a 14-year sentence at Stafford Creek Corrections Center near Aberdeen.
