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Monday, August 17, 2009

The Kalebu Tapes: Six Days Before The Murder In South Park, A Four-Minute Hearing

Posted by on Mon, Aug 17, 2009 at 7:00 AM

Kalebu.jpg
Isaiah M. Kalebu was having a bad summer. On the horizon: a trial on charges of felony harassment and domestic violence for threatening to kill his mother. Just behind him: a two-month stay at Western State Hospital (where he'd been declared mentally incompetent and then, after some treatment, declared mentally competent). This had been followed by the death of his aunt, who he'd been living with, in a suspicious arson.

It wasn't the most congenial of living arrangements. In early July, on the day before the arson, Kalebu's aunt kicked Kalebu out of her apartment and filed for a restraining order against him. On the day after the arson, police questioned Kalebu, found no immediate cause to hold him, but kept him in mind as a "person of interest" in the crime.

A few days after all of this, on July 13, Kalebu showed up at the Regional Justice Center in Kent for a hearing related to his upcoming trial. It was actually a re-do; he'd failed to show up for the original hearing date on July 10, perhaps because of all the goings-on related to the arson investigation.

King County Superior Court Judge Brian Gain presided, and although the hearing proceeded without a lot of high drama, it's worth watching closely now because of what King County prosecutor Zac Hostetter asked for, what Judge Gain ruled, and what happened six days later.


Six days after this hearing concluded—with Judge Gain denying Hostetter's request that Kalebu be taken into custody on $50,000 bail—a man crawled through the window of a home in South Park where Teresa Butz and her partner were sleeping.

He raped them both and stabbed them both—Butz fatally. Police and prosecutors say DNA and fingerprint evidence proves that the man who did this was the man who was in Judge Gain's courtroom on July 13, the man who Hostetter wanted held: Isaiah M. Kalebu.

The crime in South Park unnerved the neighborhood and the city because of the gruesome brutality involved, and after Kalebu was arrested and charged with the rapes and the murder of Teresa Butz, a lot of questions arose about this particular hearing. People blamed Judge Gain. At the same time, a representative for the court tried to explain that the judge was bound by strict rules about when a defendant in a criminal case should be held or released.

There's been a bit of a discussion here about how much blame Judge Gain should actually take for his decision on July 13. There's also, I think, been some misunderstanding about just how forceful Hostetter was in arguing for Kalebu to be held. More on that later today, but for now check out the video—which The Stranger went to some lengths to turn into a digital file—and decide for yourself.

Tomorrow: Kalebu's pit bull approaches the bench.

Video wizardry: Kelly O.

 

Comments (13) RSS

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1
Kalebu is to blame.
Posted by Display name on August 17, 2009 at 7:34 AM
Fifty-Two-Eighty 2
Eli, I expect a little more journalistic integrity from you than I do out of most of the people there. Whatever your opinions are (and they're the same as mine, by the way), this man is innocent until proven guilty. As far as I know, that hasn't happened yet.
Posted by Fifty-Two-Eighty http://www.nra.org on August 17, 2009 at 8:40 AM
3
PBS Frontline, The Released

http://www.pbs.org/wgbh/pages/frontline/…
Posted by PBS LINKER on August 17, 2009 at 8:51 AM
4


Drawn out trial ending in insanity plea aquittal: $2,345,000
Eighteen feet of rope: $12.45
Satisfaction of seeing a piece of evil human garbage dangling at the end of said rope and saving $2,344,987.55 : priceless
Posted by hang'em high. on August 17, 2009 at 8:52 AM
gloomy gus 5
I don't have the training to declare for sure what constitutes yellow journalism in this day and age, but this certainly raises the question for me.
Posted by gloomy gus on August 17, 2009 at 9:06 AM
6
I agree that it seems unethical to convict the man in public opinion before he's gone to trial. The Stranger's coverage is creating an opportunity for the defense to claim (rightfully) that they're not going to find impartial jurors locally.

I also think it's pretty awesome to have this video available. If the accompanying text had been more neutral, this would have been ground breaking. As is, it's too inflammatory and crosses the line between journalism and muck-raking.

The coverage is bringing much-needed attention on how screwed up our criminal justice system is. How, exactly, was this guy released as a suspect in the arson investigation? Who was supervising his compliance with the order requiring he take his meds?

De-escalate the language, Eli. This is important stuff. It's okay to be furious--and to show it--but stick with very fact-based language.
Posted by MJ on August 17, 2009 at 11:15 AM
Eric Arrr 7
Yellow? How?

There's nothing in this post but the bare facts, a link to some un-edited video, and links to the usual public commentary that ensues.

I for one appreciate the opportunity to see the raw footage. It reminds me of the importance of the presumption of innocence in our judicial system.
Posted by Eric Arrr on August 17, 2009 at 11:21 AM
8
@6,

The defense is going to rely entirely on whether the guy is insane or not. With a surviving witness, fingerprints, and DNA, it would be a waste of time to challenge the facts of the case.
Posted by keshmeshi on August 17, 2009 at 12:01 PM
9
cut a Brotha some slack.
Don't make me come over there,
and don't do anything 'stupid'.
Posted by Barack Obama on August 17, 2009 at 12:27 PM
Will in Seattle 10
See, this is why I don't watch South Park on TV.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on August 17, 2009 at 12:32 PM
Todd 11
@4 Putting people to death does not save the public money, the capital punishment legal process is enormously expensive.
Posted by Todd on August 17, 2009 at 12:35 PM
12
I bet this never goes to trial. Unless some prosecutor thinks he can get higher up the ladder by insisting on making this a death penalty case, they will use it as leverage to get him to plead life without parole. I also think it's a hell of a long shot to go for the insanity defense. His disorder is supposedly bi-polar--going to be a tough job to convince a jury that he didn't know what he was doing was wrong given the facts of the case.
Posted by Westside forever on August 17, 2009 at 12:59 PM
13
Todd @ 11, don't assume you're dealing with somebody who wants to give the man any kind of trial. He wants to lynch the bad man.
Posted by CP on August 17, 2009 at 4:30 PM

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