Motion for new counsel and judge denied in Bothell murder case

Last week, Bothell resident Alan Smith requested new council and a new judge to render his sentence following the verdict of guilty for the charge of murder given on Feb. 4, however Judge Michael Downes denied the request today in Snohomish County Court.

February 25, 2015 6:29 pm
Bothell resident Alan Smith is accused of murdering his estranged wife in February 2012.
Bothell resident Alan Smith is accused of murdering his estranged wife in February 2012.

Last week, Bothell resident Alan Smith requested new council and a new judge to render his sentence following the verdict of guilty for the charge of murder given on Feb. 4, however Judge Michael Downes denied the request today in Snohomish County Court.

The request, filed on Feb. 20 with the Snohomish County Prosecuting Attorney’s office, noted that Smith requested appointment of new counsel for his case.

“Mr. Smith believes that current counsel provided ineffective assistance of counsel during trial and [he] has no faith in their ability to represent him fairly at sentencing…,” motion documents state.

The denial of new counsel by Downes will allow the sentencing to move forward.

Currently, sentencing is scheduled at 2:30 p.m. on March 5 at the Snohomish County Courthouse in Everett.

The prosecution has already released their requested duration of sentence of between 264 and 344 months, around 22 to 28 years, not including the 36 months Smith would have to be in community custody.

The motion documents also state that, along with the requested duration, that Alan Smith never have contact with any of the victim’s, his estranged wife Susann Smith, family for life, including the portion of Susann’s family currently caring for their children.