PORT ANGELES — Whether a confession that accused murderer Tommy Ross Jr. gave 19 years ago should be used as evidence in his newly scheduled murder trial will be argued at a hearing Tuesday in Clallam County Superior Court.
The hearing will include testimony from a former police chief and a former prosecuting attorney.
Ross, 58, is in the Clallam County jail on $1.5 million bail on charges of first- and second-degree murder in the nearly four-decades-old strangling death of Port Angeles resident Janet Bowcutt, 20.
Bowcutt’s body was found April 24, 1978 at her apartment in the 600 block of West Eighth Street, where her infant son also was found, crying.
Ross’s trial, scheduled for Aug. 28, was moved to March 19, 2018 at a court hearing Tuesday.
The delay was caused by scheduling conflicts among witnesses and personnel involved in the trial, and lengthy DNA testing of evidence that is expected to take more than three months, former county Prosecuting Attorney Deborah Kelly, who is representing Clallam County pro bono in the case, said Thursday.
Kelly said retired Port Angeles Police Chief Tom Riepe, former Clallam County Prosecuting Attorney David Bruneau and former Detective Ken Fox will testify at the 9 a.m. Tuesday court session, called a 3.5 hearing, in the first testimony in the case since Ross was arrested in mid-November.
Riepe was a detective sergeant when he, Bruneau and Fox visited Ross, then 29, at Saskatchewan Federal Penitentiary in Canada and interviewed him about Bowcutt’s murder.
Ross was serving a life sentence after being convicted of murder in the May 14, 1978 strangulation death of Victoria, B.C. resident Janice Forbes, 26, who like Bowcutt was found bound, gagged, fully clothed and strangled in her apartment.
Paroled in November, he was arrested by Clallam County authorities in connection with Bowcutt’s murder immediately after crossing into the United States at the Blaine border crossing.
At the hearing last Tuesday, Ross suddenly stood up at the defense table and made a lengthy, impromptu statement about the visit by the three men to the Canadian prison 29 years ago.
He challenged Clallam County Superior Court Judge Brian Coughenour on Coughenour’s recent ruling in which he allowed fingerprint evidence implicating Ross to proceed to trial and denied that he confessed to Riepe, Bruneau and Fox that he killed Bowcutt.
“I didn’t make those statements,” Ross insisted.
The Nov. 16 probable cause statement that led to the murder charge says otherwise.
“Ross admitted post-Miranda to Detectives Fox and Riepe that he killed Bowcutt,” according to the probable cause statement.
“Ross also admitted that he had killed two other females in Anaheim and one other in Los Angeles.
“Ross showed no remorse for the killing and stated that if he had to do things in his life over again, he’d do everything the same way.
“However, when asked, Ross refused to disclose any details of the homicides without guarantees from Riepe and Fox that he would receive the death penalty.”
Kelly said Thursday the probable cause statement, written by Port Angeles Police Detective David Arand, was based on reports from the men who conducted the 1988 interview.
She said the hearing will determine if Ross was given his legal rights before he spoke and will include “whether the questioning was done in accordance with various procedures and was the statement voluntary.”
Port Angeles lawyer Lane Wolfley, representing Ross, said at the hearing last Tuesday that Ross had asked to see the officers while living under “horrendous” conditions, including solitary confinement “for many years.”
Ross had been stabbed and had lost an eye,Wolfley said.
The inhumanity Ross suffered “is a little difficult for anyone to understand,” he said.
When he met with Detective Riepe, “he was willing to say anything to guarantee his life would be taken,” Wolfley said.
“He entered into a negotiation that he preferred death over the existence that he had,” he added.
“This is not a confession.
“It’s a negotiation.”
Kelly responded that Wolfley was not challenging if the statements Ross’ statements were voluntary, and Wolfley agreed.
Wolfley also said he did take issue with “some of the things” that the officers attributed to Ross.
“There were circumstances in his life which compelled him to summon them there,” Wolfley added.
“Those policemen were not forcing anything out of him.”
Wolfley said Wednesday that some of the notes of the interview were written by Ross’ interviewers “several weeks” afterward and emphasized the conditions under which his client lived while in prison.
“It was a pretty horrible thing he had to endure,” Wolfley said.
Wolfley said that Ross said, in essence, “I’ll tell you anything you want if you kill me.”
“He would disagree on some of the details.
“He would not disagree on the incident or purpose of the negotiation.
“He had a negotiation with the police when he was trying to get returned to the U.S. and to end his life.”
Wolfley has filed an appeal to the state Court of Appeals to overturn Coughenour’s decision to allow fingerprint evidence that does not include original fingerprint cards.
Wolfley claims a fingerprint was fraudulently copied by law enforcement officials, citing the lack of original fingerprints and inconsistencies in the print processing, numbering system and tape used to obtain the evidence.
At his hearing Tuesday during his impromptu comments, Ross criticized Coughenour, saying the judge “unfairly tipped the balance” in Kelly’s favor.
“I don’t think there is any value in trying to convince me one way or the other,” Coughenour responded. “I’ve already made my ruling.
“It’s up to you and [your] counsel on how you want to proceed.”
“You know your ruling is going to get overturned,” Ross responded.
“At this point in time, I don’t think there’s any value in this,” Coughenour replied.
“I understand you wanted to make your statement.”
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
