Michael Chadd Boysen has told his public defenders he doesn’t want them to fight the death penalty if he’s convicted of killing his grandparents.
And he asked a Superior Court judge to dismiss the two counts of aggravated first-degree murder against him in the interests of justice.
He also wants Judge Douglass North to “urgently address” his confinement and treatment in the King County Jail in Seattle, which his lawyers argue have stripped him of his will to live.
Dan Donohoe, a spokesman for King County Prosecutor Dan Satterberg, said Tuesday prosecutors will respond to the dismissal motion at a hearing on Aug. 2.
Boysen’s public defenders, James W. Conroy and Scott Ketterling, filed the motion last week.
Boysen is charged with killing his grandparents Norma and Robert Taylor at their Fairwood home March 9 just hours after they picked him up at the state prison in Monroe.
He was arrested on March 12 in a Lincoln City, Ore., motel after a 10-hour standoff with police. Police found him with multiple self-inflicted stab wounds.
Satterberg has until Aug. 30 to decide whether he will seek the death penalty.
Attorneys in the motion detail Boysen’s life in the county jail in Seattle since March.
Boysen has been placed for hours on a restraint board, unable to move and with no “sensory input,” after numerous suicide attempts. “A healthy human brain is ill-adapted to such conditions, let alone someone with significant mental health problems,” the attorneys write.
Attorneys detail an example on June 9 in which he was restrained for about 10 hours. Boysen told his attorneys he didn’t resist because he was weak from loss of blood caused by his suicide attempt.
For 23 hours a day Boysen is in solitary confinement, when he’s not meeting with his attorneys or occasionally with a non-professional visitor. During the 24th hour, he takes care of hygiene and any recreation. Access to books is limited, according to his attorneys.
On July 2, after several weeks in isolation and another “incident of self harm” followed by four hours of confinement on a restraint board, Boysen asked his attorneys to tell prosecutors “he no longer wanted to present any mitigation to the state” regarding the death penalty.
“In this case the King County Jail by its deliberate and willful actions succeeded in breaking Mr. Boysen’s will to live, pursue mitigation and assist his counsel in attempting to save his life,” his attorneys write.
They likened his “sensory deprivation” and confinement to “torture” in the motion and a violation of his constitutional rights.
Boysen wants the court to dismiss the case against him.
And he asks for the immediate action of the county’s Department of Adult and Juvenile Detention to:
• Discontinue the seclusion and restraint policy
• Maintain a constant watch over him so he doesn’t engage in self-harm
• Provide books, radio or a TV to provide sensory input
• Enjoin the detention department and staff from retaliating against him.