Scanlan to be retried in September Scanlan to be retried in September (July 09, 2004)

County prosecutors will push again for death penalty

By David Herbert

Last month's mistrial in the Seti Scanlan murder case has not discouraged San Mateo County prosecutors, who will begin a new trial in September and make a fresh appeal for the death penalty for him.

After a deadlocked jury failed to conclude whether Scanlan, who pleaded guilty to the 2002 murder of Burlingame bank manager Alice Martel, deserved the death penalty or life in prison, the judge declared a mistrial. Undeterred, San Mateo County prosecutors, led by Chief Deputy District Attorney Steve Wagstaffe, will head back to court Sept. 7 for a rare second trial and a renewed call for Scanlan's death.

Scanlan, a former Mountain View resident, also shot local police officer Cary Shueh in the face during an escape in 2002.

According to Wagstaffe, the prosecution will present largely the same argument it made in its first failed bid, pointing to the nature of the crime, the plea of Martel's widower for capital punishment and Scanlan's own bizarre request for the death penalty.

Despite the desire of all parties for capital punishment, some jurors found reasons to spare his life.

"Three jurors were moved by his difficult childhood and the fact that he turned himself in," said Wagstaffe, who spoke to 11 of the 12 jurors following the mistrial.

Scanlan has also made repeated appeals for death, declaring that he deserves to pay the ultimate price for his crimes, a peculiar twist that Wagstaffe thinks may also have influenced the jury.

"The jurors told us afterward that [his demands for death] didn't matter. It does make you wonder if it subconsciously did," he said.

E-mail David Herbert at dherbert@mv-voice.com

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