GUILTY WA - Sarah Yarborough, 16, found deceased, Federal Way, 14 Dec 1991 *DNA arrest in 2019*

[Andreee]

Amazing and rapidly getting more and more amazing.

Thanks!

This article is from just a few weeks ago, discussing the case in general and its 'firsts' in using DNA markers.

Case Study: Sword of Damocles

The pioneering use of genetic genealogy in 2011 to generate forensic intelligence on the 1991 Sarah Yarborough homicide was an inauspicious start to what has become a revolution in human identification.

identifinders.com

 

[Andreee]

Amazing and rapidly getting more and more amazing.

Thanks!

This article is from a year ago online, discussing the case in general and its 'firsts' in using DNA markers Case Study: Sword of Damocles Not sure if posted before. As far as the local newspaper, I don't see any updates there but I did write in to suggest the case be updated by them.

 

[Andreee]

From the article I just posted, they included this wonderful plaque in honour of Sarah. Not sure if it has been on this thread before but worth reposting even so. I think the pine/fir that happened to land on it adds a special little touch.

 

[Niner]

Looks like they might have stopped the trial. Usually the trial date are in bold - but I see they have changed it over the weekend.

Docket update:

Documents List
Sub # Date Filed Document Name
103 03/23/2023 MTDSM - Motion to Dismiss

link: https://dja-prd-ecexap1.kingcounty.gov/?q=node/405/2747013/FV-Public-Case-Documents-Portal

 

[Niner]

Well - according to this article the trial is still on!! But some motions first.

Trial starts for suspect in Sarah Yarborough murder | Federal Way Mirror

Federal Way High School student was killed in 1991.

www.federalwaymirror.com

Mar. 26, 2023
More than three decades after the murder, the trial against the alleged killer of Federal Way High School student Sarah Yarborough began this week.

The first-degree murder case against Patrick Leon Nicholas was scheduled to start March 23. The case will likely see a significant jury selection period, and the King County Prosecutor’s Office expects opening statements to be delivered in the case April 6 or April 17, according to spokesperson Casey McNerthney, as the court will be in recess for the week of April 10.
[.....]
While attorneys have not yet given opening statements in the case, a trial brief submitted to the court by Nicholas’ attorneys indicates some legal arguments they may make.

His attorneys argue in that brief that police “turned to a hobbyist” (Dr. Fitzpatrick) to identify a suspect, and claim that Fitzpatrick hoped to apply for grants and prizes by finding a suspect for police in Yarborough’s murder.

The attorneys argue in that case that Fitzpatrick had identified numerous false leads before finally landing on Nicholas, using a genealogical process that has not been studied enough to be deemed reliable.

 

[Niner]

I am going to go ahead & post this - and see what the court site says tomorrow.

Monday, March 27th:
*Trial set to begin with Jury Selection (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/27/23 with jury selection. (for the 10th time). Judge Wiggs presiding.
Court info from 10/3/19 thru 3/23/23 reference post #151 here:
https://www.websleuths.com/forums/t...-14-dec-1991-dna-arrest-in-2019.159660/page-8
3/23/23 Update: The murder case Nicholas was scheduled to start 3/23/23. The case will likely see a significant jury selection period & the King County Prosecutor’s Office expects opening statements to be delivered in the case 4/6/23 or 4/17/23, according to spokesperson Casey McNerthney, as the court will be in recess for the week of 4/10/23.
While attorneys have not yet given opening statements in the case, a trial brief submitted to the court by Nicholas’ attorneys indicates some legal arguments they may make. His attorneys argue in that brief that police “turned to a hobbyist” (Dr. Fitzpatrick) to identify a suspect, and claim that Fitzpatrick hoped to apply for grants & prizes by finding a suspect for police in Yarborough’s murder. The attorneys argue in that case that Fitzpatrick had identified numerous false leads before finally landing on Nicholas, using a genealogical process that has not been studied enough to be deemed reliable. 3/24/23. Motion to Dismiss filed. Jury selection starts on Monday, 3/27/23.

 

[Niner]

The court site does not have any current dates - last was on 3/23/23. But since the article said they are doing jury selection I shall keep posting this until another article says that jury has been selected.

Tuesday, March 28th:
*Trial continues with Jury Selection (Day 2) (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/27/23 with jury selection. Trial to begin on 4/6/23 or 4/17/23 for opening statements. Judge Wiggs presiding. No trial for the week of 4/10/23.
Court info from 10/3/19 thru 3/23/23 & Jury Selection Day 1 (3/27/23) reference post #166 here:
https://www.websleuths.com/forums/t...-14-dec-1991-dna-arrest-in-2019.159660/page-9
3/27/23 Monday, Jury Selection Day 1: No info available. Jury selection continues on Tuesday, 3/28/23. King County Prosecutor’s Office expects opening statements to be delivered in the case 4/6/23 or 4/17/23, according to spokesperson Casey McNerthney, as the court will be in recess for the week of 4/10/23.

 

[JerseyGirl]

Trial starts for man charged in Sarah Yarborough murder | Kent Reporter

Federal Way High School student was killed in 1991 in Federal Way.

www.kentreporter.com

The first-degree murder case against Patrick Leon Nicholas was scheduled to start March 23 in King County Superior Court. The case will likely see a significant jury selection period, and the King County Prosecutor’s Office expects opening statements to be delivered in the case April 6 or April 17, according to spokesperson Casey McNerthney, as the court will be in recess for the week of April 10.

@Niner. Edit: whoops you already for that info!

 

[Niner]

You have purchase court records - so we do not know WHAT the 2 orders are for State & defense Motions in Limine - at least Motion to Dismiss was DENIED!!

Document Listings:
Sub # Date Filed Document Name Additional Information
104 03/27/2023 BR - Brief

105 03/28/2023 ORGMT - Order Granting Motion / Petition FOR FRYE HEARING

106 03/28/2023 ORDYMT - Order Denying Motion / Petition TO EXCLUDE SEAN CARHART

107 03/28/2023 ORGMT - Order Granting Motion / Petition TO SUPPRESS IDENTIFICATION

108 03/28/2023 ORDYMT - Order Denying Motion / Petition FOR DISMISSAL

109 03/28/2023 OR - Order ON STATE'S MOTIONS IN LIMINE

110 03/28/2023 OR - Order ON DEFENSE MOTIONS IN LIMINE

link: https://dja-prd-ecexap1.kingcounty.gov/?q=node/405/2747013/FV-Public-Case-Events-Portal


From same article posted above from 3/27/23. Under the picture they had this:

In this composited picture, a prosecuting attorney (left) and Patrick Nicholas’ defense attorney (right) argue over pretrial motions during the first day scheduled in the trial against Nicholas, accused of the 1991 murder of Sarah Yarborough in Federal Way. Judge Josephine Wiggs asked attending news media reporters not to photograph Nicholas in court at this time, as jury selection has not yet begun. Alex Bruell /Sound Publishing

Trial starts for man charged in Sarah Yarborough murder | Kent Reporter

Federal Way High School student was killed in 1991 in Federal Way.

www.kentreporter.com

I am going to correct my notes & put motions hearings for the previous days.

 

[Niner]

Wednesday, March 29th:
*Trial continues with Jury Selection (Day 3)-MAYBE? (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/27/23 with jury selection. Trial to begin on 4/6/23 or 4/17/23 for opening statements. (for the 10th time). Judge Wiggs presiding. No trial for the week of 4/10/23.
Court info from 10/3/19 thru 3/23/23 & Jury Selection Day 1 (3/27/23) reference post #166 here:
https://www.websleuths.com/forums/t...-14-dec-1991-dna-arrest-in-2019.159660/page-9
3/27/23 Monday, Jury Selection Day 1: No info available. Jury selection continues on Tuesday, 3/28/23. King County Prosecutor’s Office expects opening statements to be delivered in the case 4/6/23 or 4/17/23, according to spokesperson Casey McNerthney, as the court will be in recess for the week of 4/10/23.
3/27/23: Brief (#104). 3/28/23: Order (#105) granting motion for Frye Hearing. Order (#106) denying motion to exclude Sean Carhart. Order (#107) granting motion to suppress identification. Order (#108) denying motion for dismissal. Order (#109) on State's Motions in Limine. Order (#110) on defense Motions in Limine.
3/28/23 Tuesday, Jury Selection Day 2: No info available. Jury selection continues on Wednesday, 3/29/23 – Maybe!

 

[Niner]

Not coming up with anything new in the docket. I shall go ahead & post this - just in case jury selection IS going on. I can always correct my notes.


Thursday, March 30th:
*Trial continues with Jury Selection (Day 2)-MAYBE? (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/29/23 with jury selection. Trial to begin on 4/6/23 or 4/17/23 for opening statements. (for the 10th time). Judge Wiggs presiding. No trial for the week of 4/10/23.
Court info from 10/3/19 thru 3/27/23 reference post #170 here:
https://www.websleuths.com/forums/t...14-dec-1991-dna-arrest-in-2019.159660/page-10
3/28/23: Motions hearing. Order (#105) granting motion for Frye Hearing. Order (#106) denying motion to exclude Sean Carhart. Order (#107) granting motion to suppress identification. Order (#108) denying motion for dismissal. Order (#109) on State's Motions in Limine. Order (#110) on defense Motions in Limine. Jury selection begins on 3/29/23.
3/29/23 Wednesday, Jury Selection Day 1: No info available. Jury selections continues on Thursday, 3/30/23.

 

[Niner]

And this will be the last posting until I find more info on what is going on with this case.

Friday, March 31st:
*Trial continues with Jury Selection (Day 3)-MAYBE? (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/29/23 with jury selection. Trial to begin on 4/6/23 or 4/17/23 for opening statements. (for the 10th time). Judge Wiggs presiding. No trial for the week of 4/10/23.
Court info from 10/3/19 thru 3/28/23 reference post #171 here:
https://www.websleuths.com/forums/t...14-dec-1991-dna-arrest-in-2019.159660/page-10
3/29/23 Wednesday, Jury Selection Day 1: No info available. Jury selections continues on Thursday, 3/30/23.
3/30/23 Thursday, Jury Selection Day 2: No info available. Jury selection continues on Friday, 3/31/23.

 

[Niner]

Docket update:

Document Lists:
Sub # Date Filed Document Nam
111 04/05/2023 MTAF - Motion and Affidavit / Declaration TO EXCLUDE EVIDENCE 9

112 04/05/2023 RSP - Response TO MOTION

link: https://dja-prd-ecexap1.kingcounty.gov/?q=node/405/2747013/FV-Public-Case-Documents-Portal


no update on a hearing yet.

 

[Niner]

Documents List:
Sub# Date Filed Document Name Additional Information
112 04/05/2023 RSP - Response TO MOTION

113 04/10/2023 OR - Order RE MEDIA COVERAGE

114 04/10/2023 ORMTL - Order on Motion in Limine

115 04/10/2023 FNFCL - Findings of Fact and Conclusions of Law RE CRR 3.6

116 04/10/2023 FNFCL - Findings of Fact and Conclusions of Law RE CRR 3.5

117 04/10/2023 ORMTL - Order on Motion in Limine

118 04/10/2023 ORMTL - Order on Motion in Limine

119 04/10/2023 OR - Order RE CONTESTED REDACTIONS

120 04/11/2023 RSP - Response STATE'S RESPONSE TO DEFENDANT'S PROPOSED REDACTIONS OF DEFENDANT'S POST-MIRANDA STATEMENT

121 04/11/2023 OR - Order ON CONTESTED REDACTION OBJECTIONS

122 04/12/2023 FNFCL - Findings of Fact and Conclusions of Law AND ORDER DENYING MOTION

123 04/12/2023 ORDYMT - Order Denying Motion / Petition IN LIMINE - NO 2

124 04/13/2023 FNFCL - Findings of Fact and Conclusions of Law & DENYING DEF MOTION TO EXCLUDE


No hearing dates listed.

link: https://dja-prd-ecexap1.kingcounty.gov/?q=node/405/2747013/FV-Public-Case-Events-Portal

 

[Niner]

Well the court site is still not updated since the last time I looked. But this article says the trial starts on Monday, 4/17. So hopefully the court site will be updated on Monday - which I shall check!

Man charged for strangling Federal Way student 30 years ago set to stand trial

A cold case that went decades without an arrest is now headed to trial in King County.

komonews.com

April 14, 2023
SEATTLE — A cold case that went decades without an arrest is now headed to trial in King County.
[.....]
Now, more than 30 years after Yarborough's murder, Nicholas’ trial starts Monday.

A trial brief filed by Nicholas’ defense attorneys gives a look into how they might try to poke holes in the state’s case, painting a picture of desperate detectives with few leads turning to a genetic genealogist they call a “hobbyist” with no background as a geneticist or population statistician.
[.....]
KOMO News is digging into this case on this week’s Operation Crime & Justice. Opening statements in the murder trial of Patrick Nicholas are scheduled to start Monday morning. The trial is expected to last about three weeks.

 

[Niner]

Well - the court site is not updated - but I will go ahead & post this - since the article above said it starts today. Maybe later in the day the court site will be updated - I shall see! This trial has been DELAYED 10 TIMES!!!


Monday, April 17th:
*Trial set to begin with Jury Seleciton (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/29/23 with jury selection but was cancelled.
Trial set to begin on 4/17/23 with jury selection (I think) & then opening statements. (the trial date was change 10 times). Judge Wiggs presiding.
Court info from 10/3/19 thru 3/28/23 & Jury Selection Day 1 (3/29/23) reference post #171 here:
https://www.websleuths.com/forums/t...14-dec-1991-dna-arrest-in-2019.159660/page-10
3/29/23 Wednesday, Jury Selection Day 1: Was cancelled. 4/5/23: (#111) Motion & affidavit/declaration-to exclude evidence. Response to motion (#112). 4/10/23: #113 Order re media coverage. #114 Order on Motion in Limine. Findings of fact & conclusions of Law (#115 & 116). Order (#117 & 118) on Motion in Limine. Order (#119) re contested redactions. 4/11/23: Response (#120) State's response to defendant's proposed redactions of defendant's post-Miranda statement. Order (#121) on contested redaction objections. 4/12/23 Findings of fact & conclusions of Law (#122). Order (#123) denying motion/petition in Limine #2. 4/13/23: Findings of fact & conclusions of Law (#124) & denying defendant motion to exclude evidence.
4/14/23 Update: Per article: Trial is set to begin on 4/17/23.

 

[dotr]

Trial begins for man accused of killing Federal Way teen over 30 years ago

Sarah Yarborough, 16, was found dead at Federal Way High School in December of 1991, and in 2019, Patrick Leon Nicholas was arrested for her murder.

www.king5.com

April 17, 2023
''KENT, Wash. — The trial against the alleged killer of Federal Way High School student Sarah Yarborough begins Monday, over three decades after she was killed.
16-year-old Sarah Yarborough was found dead at her high school on Dec. 14, 1991, around 8 a.m.
In 2019, over 30 years after her murder, an arrest was made in the case. Patrick Leon Nicholas, who was 55 at the time of his arrest and 27 when he allegedly killed Yarborough was charged with first-degree murder and rape.''


Side-by-side comparison of the composite sketch of Sarah Yarborough's suspected killer and the man arrested for her murder in 2019.

 

[Niner]

Still no update in the court site...

 

[Niner]

Docket update - but no court dates listed..

Documents List:
Sub # Date Filed Document Name
125 04/14/2023 MTAF - Motion and Affidavit / Declaration

126 04/14/2023 MTAF - Motion and Affidavit / Declaration

127 04/14/2023 ORES - Order for Expert Services

128 04/14/2023 ORES - Order for Expert Services

link: https://dja-prd-ecexap1.kingcounty.gov/?q=node/405/2747013/FV-Public-Case-Documents-Portal

 

[Niner]

Not finding any articles - that I can access - that have what happened yesterday - should have been jury selection. And the court site isn't very helpful....


Tuesday, April 18th:
*Trial continues with Jury Selection (Day 2) (@ 8:30am PT) – WA – Sarah Yarborough (16) (Dec. 14, 1991, Federal Way near Seattle) - *Patrick Leon Nicholas (27 @ time of crime/55/now 58) arrested (10/2/19), charged (10/3/19) & arraigned (10/17/19) with 1st degree murder with sexual motivation & 2nd degree rape. Plead not guilty. $5M bond.
DNA from 2 cigarette butts matched DNA from crime scene.
Trial began on 3/29/23 with jury selection but was cancelled.
Trial set to begin on 4/17/23 with jury selection (I think) & then opening statements. (the trial date was change 10 times). Judge Wiggs presiding.
Court info from 10/3/19 thru 3/28/23 & Jury Selection Day 1 (3/29/23) & thru 4/14/23 reference post #176 here:
https://www.websleuths.com/forums/t...14-dec-1991-dna-arrest-in-2019.159660/page-10
4/14/23: Motion & Affidavit/Declaration (#125 & 126). Order for expert services (#127 & 128).
4/17/23 Monday, Jury Selection Day 1: No info available.
Trial continues with jury selection on 4/18/23.