TACOMA, Wash. — Quick Facts
* Jim Sanders murdered in April 2010
* Family had placed ad on Craigslist
* One convicted suspect wins new trial
One of the four so-called Craigslist killers will get a new trial after the Washington State Appeals Court overturned his 2011 murder conviction.
Clabon Berniard, 27, was found guilty in the murder of Jim Sanders during a robbery at Sanders’ home in Edgewood on April, 2010.
Sanders and his wife had placed an ad on Craigslist to sell a ring. Their home was invaded and Sanders was shot to death. Berniard, Amanda Knight, Kyoshi Higashi and Joshua Reese were convicted of plotting the robbery and murder.
Berniard’s conviction was thrown out when the appeals court ruled Pierce County Superior Court Judge Roseanne Buckner acted improperly by dismissing a juror during the deliberation phase of his trial.
The juror, identified only as juror 2, told court officials she was emotionally and mentally distraught because of the case saying, she was afraid "that all the jurors would be against her.” The juror never indicated whether she thought Berniard was guilty or innocent.
The court also ruled that a Pierce County sheriff’s detective should not have been allowed to testify that Berniard was identified as one of the robbers by co-defendant Higashi because Higashi was never called to testify, denying Berniard his constitutional right to confront an accusing witness.
Pierce County prosecuting attorney Mark Lindquist said his office is prepared to try Berniard a second time.
“Our evidence remains strong, we will retry the case, we will get another conviction,” Lindquist said. “I’m sorry the Sanders family has to go through this a second time.”
No new trial date has been set.
KIRO
