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CAMPAIGN 2008

NATION HOLDS BREATH AS GUSTAV ZEROES IN

McCain orders convention curtailed for storm

Official business, aid to victims on agenda
BY DAVID ESPO
The Associated Press

ERIC GAY / AP

Members of the National Guard patrol the area along Bourbon Street in New Orleans on Sunday, an area Hurricane Gustav is expected to hit today.

Post-Katrina preparations to be put to the test

BY STACEY PLAISANCE AND BECKY BOHRER
The Associated Press

NEW ORLEANS With a historic evacuation of nearly 2 million people from the Louisiana coast complete, gun-toting police and National Guardsmen stood watch as rain started to fall on this citys empty streets Sunday night and even presidential politics took a back seat as the nation waited to see if Hurricane Gustav would be another Katrina. The storm was set to crash ashore late Monday morning with frightful force, testing the three years of planning and rebuilding that followed Katrinas devastating blow to the Gulf Coast. The storm has already killed at least 94 people on its path through the Caribbean. Painfully aware of the failings that led to that horrific suffering and more than 1,600 deaths, this time officials moved beyond merely insisting tourists and residents leave south Louisiana. They threatened arrest,

loaded thousands onto buses and warned that anyone who remained behind would not be rescued. Looters will go directly to jail. You will not get a pass this time, Mayor Ray Nagin said. You will not have a temporary stay in the city. You will go directly to the Big House. Col. Mike Edmondson, state police commander, said he believed that 90 percent of the population had fled the Louisiana coast. The exodus of 1.9 million people is the largest evacuation in state history, and thousands more had left from Mississippi, Alabama and flood-prone southeast Texas. Late Sunday, Gov. Bobby Jindal issued one last plea to the roughly 100,000 people still left on the coast: If youve not evacuated, please do so. There are still a few hours left. Louisiana and Mississippi temporarily changed traffic flow so all highway lanes led away from the coast, and cars were packed bumper to bumper. Stores and restaurants
SEE GUSTAV, A5

ST. PAUL, Minn. John McCain tore up the script for his Republican National Convention on Sunday, casting himself as above politics as Hurricane Gustav churned toward New Orleans. We will act as Americans, not partisans, he declared. President Bush and Vice President Dick Cheney scrapped plans to address INSIDE the convention Monday night, COUNTDOWN: Biden and McCains matched Cheney in aides chartered a draft deferments. A6 jet to fly delegates JOEL CONNELLY: back to their hurricane-threatened Rating the highs and states along the lows from Denver. B1 Gulf Coast. Campaign manager Rick Davis said SEATTLEPI.COM the first-night proFor election stories, gram was being statistics, photos, blogs cut from seven and commentary, visit hours to 212. seattlepi.com/ Officials said elections08. that as part of the conventions opening night, Laura Bush and McCains wife, Cindy, would speak from the podium and describe ways to help victims of the storm bearing down on a region that was devastated three years ago by Hurricane Katrina. This is a time when we have to do away with our party politics, and we have to act as Americans, McCain said as fellow Republicans converged on their convenSEE CONVENTION, A6

JIM WATSON / AFP / GETTY IMAGES

Rosemarie Jarreau and her son, Devontay Jenkins, hug their puppies at an emergency evacuation center before boarding the last Amtrak out of New Orleans.

SEATTLEPI.COM
For continuous news updates and a gallery of photos, visit our Web site.

State GOP defends Rossi, others for staying home

Voters more important than hoopla, party says
BY STEWART M. POWELL
P-I Washington Bureau

Life-or-death decision for prosecutor

Satterberg faces first capital punishment call in Carnation case
BY LEVI PULKKINEN
P-I reporter

This isnt about life and death, for me. (Its) about the overwhelming sense of remorse that I have, for having let everyone down.
Michele Anderson, in a letter to a friend
ents Carnation home. She wants to die, she told a friend in a jailhouse letter, to be responsible. For now, though, the decision isnt hers to make. It falls instead to Dan Satterberg, who faces his first life-ordeath decision since becoming King County prosecutor after the death of Norm Maleng. Having spent the 17 years before Malengs death as the prosecutors chief of staff, Satterberg has been inti-

If Michele Anderson is taken at her word, she wants to die for killing. In letters and public statements, Anderson has asked to be executed for her role in the Christmas Eve slaying of six members of her family at her par-

mately involved in King Countys capital cases. And, he said in an interview last week, hes relying on Malengs example as he decides whether Anderson and her co-defendant, Joseph McEnroe, might face execution. One of the things I learned at the feet of the master, Norm Maleng, was this is a decision that uniquely rests with the elected prosecutor, Satterberg said. Its not the product of a committee vote, and its not something we put on victims families to decide. The prosecutor has to act as a
SEE SENTENCE, A7

ST. PAUL, Minn. Washington state Republicans on Sunday defended decisions by gubernatorial candidate Dino Rossi and two congressmen to skip the Republican convention, contending they were showing greater concern for voters and problems back home than Democratic Gov. Chris Gregoire, who took a prominent role at the rival convention in Denver in her bid for re-election. The Republican candidates decided to forgo the convention hoopla and formal nominations of Sen. John McCain, R-Ariz., as presidential candidate, and Alaska Gov. Sarah Palin as his running mate, before ofSEE GOP, A6

INDEX
TODAYS WEATHER Skies clear after noon. High 67. Low 47. B6 Comics Crosswords Editorial Horoscope Lottery Obituaries Television E4,5 E4,5 B5 E2 B2 B4 C3

The P-I and seattlepi.com reach 1.3 million readers a week in Western Washington, including three-quarters of a million Monday through Saturday. To subscribe, call 206-464-2121.
2008 SEATTLE POST-INTELLIGENCER

(FJECD|16000V

TOP STORIES

Teachers strike looms

School district officials and the Bellevue Education Association have called in a mediator to help in contract negotiations. The teachers expect to meet at 5 p.m. today to decide whether to strike. B3

Benefits of building tall?

The City Council will begin deciding how communities would benefit if developers are allowed to put in taller buildings in neighborhoods citywide in exchange for things like affordable housing. B1

Web trackers vs. privacy

A slow-building privacy movement is squashing efforts to sniff out consumers interests based on their Web surfing habits. Internet service providers are dropping deals with firms that offer targeted ads. C1

SEATTLE POS T-INTELLIGENCER | MONDAY, SEPTEMBER 1, 2008

A7

SENTENCE: Decision to rest partly on mental health status

FROM A1
sponge to absorb all of this and come up with a result that is justifiable. Anderson and McEnroe stand accused of gunning down Andersons parents, then slaying her brother, his wife and the couples two children when they arrived at the bloody scene. Police say both admitted to the killings shortly after being arrested at the crime scene the day the bodies were discovered. In letters sent from jail, Anderson reiterated her desire to be put to death, seeing her execution as a way to make right her wrong. This isnt about life and death, for me, said Anderson, in a letter to a friend filed with the court. This is about the overwhelming sense of remorse that I have, for having let everyone down. Satterbergs decision, which is expected sometime before a mid-September deadline, has been complicated by a tussle between Anderson and her former public defenders, Cindy Arends and Kevin Dolan. Despite Andersons claims to the contrary, Dolan and his cocounsel argued in court that Anderson is mentally ill and that evidence of her illness should be forwarded to Satterberg. Dolan and Arends were removed from the case at Andersons insistence, largely because they would not support her effort to go to the death chamber without a fight. Can you, as an advocate, assist a person you believe to be mentally ill in state-sponsored suicide? Dolan said in an interview last week. My opinion was, I cant do that with a mentally ill person. Locked away from the public and prosecutors sits a 500-plus page report on Andersons mental health, a packet made to offer prosecutors mitigating evidence that could sway them away from the seeking the death penalty. Anderson has said she doesnt want that mitigation packet sent to prosecutors and suggested her attorneys were lying about her mental state. Her former attorneys, who wont say whats in the packet, do want prosecutors to see it. Citing state law, Satterberg said his decision will rest in part on whether theres evidence a defendant suffered an extreme mental disturbance or mental disease or defect. He is trying to answer the question that would be put to a jury if a death sentence is sought: Are there sufficient mitigating circumstances to merit leniency? Such mitigating factors prompted Maleng not to seek a death sentence for Naveed Haq, who stands accused of killing one woman and injuring five other people in a shooting at Seattles Jewish Federation in 2006. In this state, only killers charged with aggravated firstdegree murder are eligible to be sentenced to death. Life imprisonment is the only other available punishment for the crime, which entails both premeditation and another aggravating factor such as multiple victims. Satterberg said the charge is reserved for the worst of the worst. Currently, four people accused of killings face aggravated murder charges in King County, including death penalty defendant Conner Schierman. If a death sentence is sought and Anderson continues not to challenge the case against her, shell likely to be the first woman executed in Washington history. Three of the four convicted killers executed since the death penalty was reinstated in the state 27 years ago have been socalled volunteers. Each of the eight men on death row is fighting execution, prompting some critics of the system to assert that Washington kills only those who ask to be executed. The system has changed since killer Westley Allan Dodd chose not to challenge his death sentence before his 1993 execution, said Assistant Attorney General John Samson, who prosecutes federal appeals in death penalty cases. The state Supreme Court now reviews cases of death penalty defendants who choose not to fight execution. But, Samson said, theres little litigation to be done when both concerned parties the state and the defendant agree on what the punishment should be. When you get to the point when you have a conviction and a sentence imposed, the interest of the state is in seeing an appropriate sentence carried out, Samson said. And, he added, defendants do have the right to waive their right to appeal. Katie Ross, director of the Washington Death Penalty Assistance Center, rejected the assertion that the state executes only those who ask for death. Convicted murder Charles Campbell was executed against his wishes on May 27, 1994, and Cal Coburn Brown, the next man scheduled to be executed, is fighting the death sentence imposed on him for a grisly rapemurder committed in 1991. If executed, Brown would be the first King County convict killed by the state since the death penalty was restored in 1981. Its been happenstance that the people whove been executed in Washington have been volunteers, Ross said. There are several cases that are far along in the process, and they are not volunteers. Allowing death penalty defendants latitude in what information is offered to prosecutors and, ultimately, the jury also short-circuits the justice system, said Dolan, Michele Andersons former attorney. The death penalty, Dolan said, is supposed to be delivered as a fair, considered punishment by a jury. In his view, enabling defendants to withhold potentially mitigating information from jurors evidence of abuse and mental illness in Andersons case goes against the interest of justice. It robs the jury of the chance to determine whether or not, in their minds as representatives of the people, this person should be put to death, Dolan said. (The death penalty) was never intended to provide a defendant a way to commit suicide thats completely contrary to the purpose of the punishment. In letters, Anderson went so far as to encourage McEnroe, who appears ready to fight execution if he receives a death sentence, to give up on his defense. Satterberg declined to discuss details of the Carnation case but said he puts little weight on a defendants wishes when it comes to deciding whether to seek execution. Whats more important is looking at the strength of the evidence and to make sure you have moral certainty that you can prove the case, Satterberg said.
P-I reporter Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com.

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