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WEDNESDAY, JULY 21, 2021
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‘Peace and closure’ delayed for family
of murdered Salem mother, son
Virginia Barreda Salem Statesman Journal
USA TODAY NETWORK
The family of a Salem woman and her
son who were kidnapped and murdered
more than two years ago expressed their
frustration in a hearing as the trial for
the man accused of killing them was de-
layed again.
“My sister and my nephew lost their
lives. The [Oregon] Supreme Court had
ruled, and I don’t understand why (the
defense) are continuing with what
seems like games to me,” Katrina Kent
said over the phone at the hearing in
Yamhill County Circuit Court.
Karissa Fretwell, 25, and her son Bil-
ly, 3, vanished from their West Salem
apartment May 13, 2019. Their bodies
were discovered June 15 in a heavily-
wooded area in Yamhill County.
Michael Wolfe, now 53, of Gaston,
was arrested and charged in connection
to their murders.
On Monday, the court agreed to post-
pone Wolfe’s December trial due to an
ongoing legal argument between prose-
cutors and defense attorneys over
whether he should be eligible for the
death penalty.
Judge Cynthia Easterday set a status
check for Sept. 20, but didn’t set a new
trial date.
Karissa’s mother, Nyla Bales, ap-
peared in court and Karissa’s sisters
were present over the phone.
“I’d really like to find peace and clo-
sure with the situation ... none of us
have been able to do that yet because it
just keeps dragging out,” Kent said.
Monday’s hearing was prompted by a
motion filed by Wolfe’s defense team on
June 22 arguing to postpone the De-
cember trial due to legal uncertainty
surrounding Wolfe’s aggravated murder
charge for killing Billy. The charge would
make Wolfe eligible for the death penal-
ty, if convicted.
Wolfe initially faced an additional ag-
gravated murder charge for Karissa’s
death until it was dismissed and re-
placed with counts of first-degree mur-
der and first-degree murder constitu-
ting domestic violence following the
2019 passage of Senate Bill 1013 — a law
narrowing the scope of the death penal-
ty.
The legal fight has been over whether
the aggravated murder charge for Billy
should be removed due to the new law
as well. Most recently, the Oregon Su-
preme Court reversed Yamhill County
court’s decision to revoke the aggravat-
ed charge and sent the case back to the
circuit court to continue proceedings.
Wolfe’s attorneys then announced
they would ask the state’s Supreme
Court to reconsider the ruling, which
prevents the case from returning for
further proceeding in the Yamhill Coun-
ty court. The defense’s response is due
July 15.
On Monday, Wolfe’s attorneys argued
it’s still unclear whether Wolfe will be
facing an aggravated murder charge and
say it will likely be months rather than
weeks for the state’s Supreme Court to
make its decision.
“I know that can be frustrating to the
court, the prosecution and to people
that have an interest in the case,” de-
fense attorney Patrick John Sweeney
said. “When it’s a capital case, it just
takes longer to do everything.”
Sweeney said it would be difficult to
Karissa Alyn Fretwell, 25 of Salem, and her three-year-old son, William “Billy”
Fretwell. PROVIDED BY SALEM POLICE DEPARTMENT
move forward with the case until the
state’s Supreme Court returned its deci-
sion.
“The motions that we’d be doing ... if
we did them as a capital case, they’d be
fundamentally different than if we did
them as a non-capital case,” Sweeney
said. “If we move forward incorrectly,
we just come back to square one.”
Karissa Fretwell’s cause of death
Karissa and Billy were last seen May
13, 2019.
Karissa, who lived in West Salem,
worked as a security guard and was
studying to become a teacher at West-
ern Oregon University. She had full cus-
tody of Billy.
Detectives said records from her
phone indicate she and Wolfe were to-
gether overnight May 13.
Karissa had recently taken Wolfe, her
former co-worker, to court over child
support. She had once worked as a se-
curity guard at Cascade Steel Rolling
Mills in McMinnville, where the married
Wolfe worked as a supervisor.
When contacted by investigators,
Wolfe told police the child support hear-
ing “did not go well” and he was ordered
to pay $900 dollars a month.
Wolfe also disappeared briefly, and
Salem police listed him as a wanted man
and searched his rural home in Gaston
and another property near Hopewell.
Wolfe was taken into custody May 24
at Blue Star Donuts in Portland.
Karissa’s and Billy’s bodies were dis-
covered June 15 in a heavily-wooded
area in Yamhill County.
Karissa’s cause of death was deter-
mined to be from a single gunshot
wound to the head. Billy’s cause of
death has not been released.
Aggravated murder charge
Wolfe was initially charged with two
counts of aggravated murder.
The aggravated murder charge for
Karissa’s death was dismissed and re-
placed with counts of first-degree mur-
der and first-degree murder constitu-
ting domestic violence after Senate Bill
1013 went into effect in September 2019.
The law narrowed Oregon’s use of the
death penalty by whittling down the
number of crimes that qualify as aggra-
vated murder — the only offense pun-
ishable by death.
Previously, 20 circumstances made
homicide qualify as aggravated murder.
Now, there are four:
h Terrorist killings of two or more
people.
h Premeditated murder of police offi-
cers.
h Murder committed in a prison or
jail by someone who was already con-
victed of murder.
h Premeditated murder of a child un-
der the age of 14.
In November, Wolfe’s attorneys filed
a motion to dismiss the lone aggravated
murder charge for killing Billy. Defense
attorney Dianna Gentry argued that it
violated state and federal ex post facto
laws.
An ex post facto law is a law that ret-
roactively changes the punishment for
actions committed before the enact-
ment of the law.
Judge Easterday ruled the charge did
not violate ex post facto law.
Wolfe’s attorneys tried again — this
time, arguing to dismiss the charge
based on a different aspect of SB 1013,
which eliminated a portion of the previ-
ous aggravated murder law that re-
quired prosecutors to prove a defen-
dant’s “future dangerousness” to obtain
a death sentence.
Previously, to obtain a death sen-
tence, 12 jurors would have to answer
yes to the following questions:
h Was the murder committed delib-
erately?
h Was the killing unreasonable in re-
sponse to the provocation, if any, by the
deceased?
h Is there a probability that the de-
fendant would commit criminal acts of
violence and be a continuing threat to
society?
h Considering all mitigating and ag-
gravating circumstances, should the de-
fendant receive a death sentence?
In February 2020, the state conceded
that sentencing Wolfe under SB 1013
would violate ex post facto law, but said
the dismissal of the charge was not the
“appropriate remedy.”
Ultimately, Easterday ruled to drop
the remaining aggravated murder
charge for killing Billy in an opinion filed
March 2.
But about a month later, Yamhill
County District Attorney’s office filed an
appeal on Easterday’s ruling in the Ore-
gon Supreme Court in pursuit of the
death penalty, delaying the criminal
case for about a year.
On May 6, the Oregon Supreme Court
released an opinion reversing the dis-
missal and sending the case back to
Yamhill County.
First-degree murder carries a sen-
tence of life in prison with the possibil-
ity of parole after 30 years. But the court
may sentence a murderer to life without
the possibility of parole if the judge
states the reasons for imposing a true
life sentence.
‘They’re ready to move forward’
Currently, Chief Deputy District At-
torney Kate Lynch said Wolfe’s charges
have reverted back to what they were in
the amended indictment in October of
2019:
h Aggravated murder.
h Two counts of first-degree murder.
h Two counts of first-degree murder
constituting domestic violence.
h Two counts of first-degree kidnap-
ping.
Lynch acknowledged it would be dif-
ficult to proceed in the case with uncer-
tainties, but said the reason for the
state’s objection was on behalf of Karis-
sa and Billy’s family.
“(The family’s) input is just that
they’re ready to move forward,” Lynch
said. “Their input is still their input to
give and so I’m objecting on their be-
half.”
Jayne Downing, executive director of
the Center for Hope and Safety, said trial
delays take a toll on everyone involved,
not just family members and friends of
victims but prosecutors and district at-
torney’s offices, too.
Downing has been leading the agen-
cy that assists survivors of domestic vi-
olence, sexual assault, stalking and hu-
man trafficking for more than 24 years.
“The surviving family members I’ve
worked with over the years, it’s just
heartbreaking for them to have it go on
so long and to have things change and to
not feel like they have that closure,” she
said.
Statesman Journal reporters Capi
Lynn and Whitney Woodworth contrib-
uted to this story.
Virginia Barreda is the breaking
news and public safety reporter for the
Statesman Journal. She can be reached
at
503-399-6657
or
at
vbarreda@statesmanjournal.com. Fol-
low her on Twitter at @vbarreda2.
SPORTS BRIEFS
Source: Panthers’ Moton agrees to 4-year, $72M
extension
Jets, Maye unable to reach long-term deal by
deadline
CHARLOTTE, N.C. – The Carolina Panthers have
agreed to a four-year, $72 million deal with offensive
tackle Taylor Moton, narrowly beating the deadline to
sign players with the franchise tag to a contract exten-
sion, according to a person familiar with the situation.
The deal includes $43 million in guaranteed money.
The person spoke to The Associated Press on Thursday
on condition of anonymity because the team has not yet
announced the contract.
Moton has started all 16 games in each of the past
three seasons at right tackle and has been the team’s top
offensive lineman during that span.
Panthers running back Christian McCaffrey took to
Instagram after the news came out, posting “It’s an hon-
or to continue the journey with you brother! Well de-
served! #Year5”
The new contract will ostensibly keep Moton with the
Panthers through the 2025 season as it comes in addi-
tion to the $13.7 million he was expected to make next
season as the Panthers’ designated franchise player.
The deal was reached about an hour before the 4 p.m.
league-wide deadline for signing franchise players to
long-term deals.
Now the big question becomes whether the Panthers
will consider transitioning Moton over to left tackle,
something the team has considered but has not moved
on. Moton continued to work at right tackle during OTAs
and minicamp, but the team did draft Brady Christensen
in the third round and he has been working at right tack-
le as well.
The deal is the highest ever for a Panthers offensive
lineman.
A second-round pick in 2017, Moton has never missed
a game during his four seasons with Carolina. He was a
reserve as a rookie, but stepped in as a full-time starter in
2018 and has been a mainstay at right tackle ever since.
NEW YORK – The New York Jets and Marcus Maye
were unable to reach an agreement on a long-term con-
tract Thursday, so the star safety will play this season
under his franchise tag tender.
The sides had until 4 p.m. to work out a deal, per NFL
rules. Maye will make $10.6 million this season and is
eligible to become an unrestricted free agent next offsea-
son.
The Jets could try to work out a long-term deal after
the season or allow Maye to explore free agency. New
York could also opt to use the franchise tag on Maye
again, preventing him from becoming a free agent for
one more year – which would likely cause more tension
between the sides.
The 28-year-old Maye signed his franchise tag tender
in March and the sides had some talks during the offsea-
son, but couldn’t get a deal done.
Chicago wide receiver Allen Robinson, New Orleans
safety Marcus Williams, Jacksonville offensive tackle
Cam Robinson, Tampa Bay wide receiver Chris Godwin
and Washington guard Brandon Scherff also received
franchise tags and were unable to come to agreements
on long-term deals with their teams by the deadline.
Maye was drafted by the Jets in the second round out
of Florida in 2017 and has been a steady playmaker and
leader for New York. General manager Joe Douglas said
in January that Maye’s contract situation would be a top
priority for the team this offseason.
The safety reported for the team’s mandatory mini-
camp in June, but declined to speak to reporters. So it
was uncertain whether Maye was optimistic – or other-
wise – about a deal getting done with the Jets.
Maye was the first Jets player to be tagged since Mu-
hammad Wilkerson in 2016. Unlike Maye, Wilkerson
signed a long-term contract later that offseason.
Maye is expected to team with veteran Lamarcus
Joyner, a free agent signing in March, as New York’s
starting safeties this season. Maye’s versatility has made
him a valuable part of the secondary, including playing
in coverage and close to the line of scrimmage – taking
over the role previously held by Jamal Adams. That
makes him an ideal fit in the defense of coach Robert
Saleh and coordinator Jeff Ulbrich.
Maye, voted the Jets’ MVP by his teammates last sea-
son, had 78 tackles, two interceptions, two sacks, two
forced fumbles, a fumble recovery and a team-leading 11
passes defensed. A team captain, the safety has six ca-
reer interceptions, 22 passes defensed and 257 total
tackles.
— Wire services
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