Dead Washington Man to Appeal Murder Conviction With Sister's He - Spokane, North Idaho News & Weather KHQ.com

Dead Washington Man to Appeal Murder Conviction With Sister's Help

SEATTLETIMES.COM - A convicted killer who committed suicide four days after he was sentenced to life in prison is appealing his case from the grave — at taxpayers' expense.

Christopher Harrison Devlin, a 57-year-old long-haul truck driver, was convicted a year ago of killing a man who had been set to testify against him in an assault trial, and was sentenced to life in prison. Devlin's attorneys immediately appealed his conviction.

But on Sept. 20, 2010, Devlin was found dead of an overdose in his Spokane County Jail cell.

Despite his death, Devlin's attorneys and his sister, who had herself appointed trustee of his estate, are moving ahead with the appeal in hopes of clearing his name. They also insist the state should pay for it because Devlin was broke when he died.

"She believed he was innocent and unless she continued his appeal, his innocence wouldn't be established," said Robert Lamp, a Spokane probate attorney who represents Leslee Devlin, of New York City. Leslee Devlin could not be reached for comment.

For nearly a century, under a common law known as abatement ab initio, convictions like Devlin's were automatically dismissed in Washington and most other states if the defendant died before sentencing or before exhausting all of his appeals. In 2006, for example, a federal judge in Texas tossed out former Enron chief Kenneth Lay's convictions for conspiracy, securities fraud and wire fraud because he died before sentencing.

But Gregory Link, an attorney for Devlin, contends that a recent decision by the state Supreme Court, which overruled abatement ab initio in a Seattle case, should clear the way for the appeal to move forward. And since Devlin's estate is insolvent, Link said, the appeal should be funded by the state.

On the other side is Mark Lindsey, senior deputy Spokane County prosecutor, who insists that Devlin's constitutional rights are not transferrable to another person after his death.

"The right to appeal a criminal conviction is solely for an individual," said Lindsey. He also opposes efforts to have the state pay for the appeal, which he estimates could cost tens of thousands of dollars.

Lindsey has the support of the Washington Association of Prosecuting Attorneys, which wrote in an appellate court filing: "There is no constitutional right or statutory authority for the use of public funds to underwrite the estate's moot appeal."

Both sides have turned to the state Court of Appeals to settle the matter. >>>CLICK HERE TO READ MORE FROM THE SEATTLE TIMES

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