By Sharyn L. Decker
Lewis County Sirens news reporter
Convicted triple-murderer John A. Booth Jr. has lost one appeal, but at least one other is still pending.
The former Onalaskan was sentenced to life in prison for the August 2010 shootings at the home of 52-year-old David West Sr., from whom prosecutors contended Booth was seeking payment of a debt for Robbie Russell, a local drug dealer.
[1]John A. Booth Jr.
Seattle lawyer Stephanie Cunningham argued numerous reasons his convictions in 2011 by a jury should be overturned, but a three-member panel of the Washington State Court of Appeals affirmed the convictions.
The 23-page opinion [2] issued earlier this week was authored by Justice Thomas R. Bjorgen, with justices Bradley A. Maxa and Linda Cj Lee concurring.
According to testimony and evidence in the eight-day trial in Lewis County Superior Court, Booth was visiting the Salkum-Onalaska area residence when West brought out a shotgun to get him to leave and Booth shot him with a 9 mm handgun. Prosecutors said the shootings that followed were executions to eliminate witnesses.
Losing their lives that day, along with West Sr., were 16-year-old David “D.J.” West Jr. and 50-year-old Tony Williams of Randle. West Sr.’s girlfriend, Denise Salts, survived. Booth denied shooting them.
Booth’s appeal lawyer claimed that 1) the to-convict jury instruction violated his right to trial by jury and 2) the state presented insufficient evidence to allow a conviction on the attempted extortion charge. In a statement of additional grounds, Booth also alleged that (3) the state obtained evidence against him in violation of the Privacy Act, chapter 9.73RCW; 4) the prosecutor committed misconduct when cross -examining him; 5) the trial court infringed his right to counsel; and 6) the trial court erroneously imposed legal financial obligations that his indigence prevented him from paying.
The appeals court disagreed with most of Cunningham’s contentions.
Booth was sentenced under the state’s so-called three strikes law.
A post-trial motion Booth filed from Walla Walla State Penitentiary asking a judge to to vacate his judgement and sentence however, still has not been argued.
Booth contends eavesdropping on inmates in the jail was governmental misconduct and jeopardized his rights to confidential communications with his lawyers. He called it “ear hustling”.
For that motion, he is represented by Aberdeen-based defense attorney Erik Kupka and his partner.
Booth was convicted in Lewis County Superior Court of one count of second-degree murder, two counts of first-degree murder, attempted first-degree murder, attempted extortion and being a felon in possession of a firearm.
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For background, read:
• “Convict loses argument about burial expenses related to 2010 triple-homicide” from Monday December 16, 2013, here [3]
• “One of John Booth’s appeals to murder conviction grinding slowly through local court” from Wednesday September 4, 2013, here [4]
• “Ear hustling”: Convicted murderer John Booth tells judge about problems at Lewis County Jail” from Friday July 5, 2013, here [5]
• State of Washington, Respondent V John Allen Booth Jr., Appellant – No. 42919-5-II, Unpublished Opinion, here [2]