Alleged ‘Lakewood 4’ driver’s third trial begins; city must rescind mistrial reaction

A Pierce County Superior Court Judge presiding over the third murder trial of the alleged getaway driver in the 2009 killings of four Lakewood police officers has ordered the city to scrub statements posted online where the police chief called the evidence “undisputed” following last year’s mistrial.

Dorcus Allen, 51, faces four first-degree murder charges for driving his friend and employer, Maurice Clemmons, to and from a coffee shop in Parkland where Clemmons gunned down the four Lakewood officers: Mark Renninger, Tina Griswold, Gregory Richards and Ronald Owens.

Allen’s defense attorneys say he didn’t know about Clemmons’ plan. Clemmons was killed by Seattle police during the ensuing manhunt.

“The issue that I have is specific to the comments made by Chief (Mike) Zaro in regards to the obvious guilt of the defendant,” said Judge Edmund Murphy, citing his obligation to ensure a fair trial.

An attorney argued on behalf of the city that the Police Department is a victim in the case and Zaro’s opinions are shielded by the First Amendment.

“As public officials, they still have rights to give their opinions,” said Erin Ehlert, a private attorney and former King County prosecutor.

Ehlert also noted jury selection for Allen’s third trial has been completed. Opening arguments are expected Monday.

Allen’s initial 2011 conviction and 420-year prison term were vacated by the state Supreme Court in 2015 because a prosecutor’s assertions that Allen “should have known” Clemmons intended to kill the officers misstated the law for jurors.

The jury for Allen’s second trial was not able to reach a verdict in November after more than a week of deliberations.

Late last year, defense attorney Pete Mazzone moved to dismiss the charges against Allen, citing the publicity that’s surrounded the case for years and the statement from Zaro reacting to the hung jury.

“There’s a lot of unfairness as it is, and this is nonsense,” Mazzone said in court Thursday.

Murphy issued his directive to Lakewood last week without input from city officials. He reaffirmed his ruling in court Thursday after Ehlert argued a motion to rescind the orders.

“To express disappointment, I think, is OK,” said Murphy. But Zaro, he said, crossed a line by commenting on the strength of evidence as a public official and police chief.

“There are things that I can’t comment on. There are things I can’t do as a judicial officer,” Murphy said.

Lakewood officials are reviewing Murphy’s orders, which direct the city to remove the statement from its website and delete a Police Department Facebook post, according to spokesperson Brynn Grimley.

In court, Ehlert called withdrawing the statements troubling and raised whether the city must also contact local media.

“That’s where we have to go next,” said Ehlert, who noted Murphy’s ruling might draw more attention to the matter.

Chief criminal deputy prosecuting attorney Jim Schacht said in court that he believed the jury has been insulated from news coverage and concurred with Ehlert’s concerns about free speech rights. But he chose not to pick a side on Murphy’s ruling.

“I didn’t take this lightly as a decision,” Murphy said from the bench.