Auburn police officer’s murder trial again delayed

A King County judge on Friday said she would again postpone the murder trial of Auburn police Officer Jeff Nelson, accused in the 2019 shooting death of Jesse Sarey, saying pending motions will preclude a scheduled June trial date.

Superior Court Judge Nicole Gaines Phelps said a heavy caseload and the resolution of complex legal issues involved in the Nelson trial — which will be the first test of a new state statute on police use of deadly force — have forced the court to abandon a June 27 trial date.

Phelps did not set a new trial date. The judge said she hopes the case can be rescheduled in September but concedes it could be pushed back into the early months of 2023, more than three and a half years after Sarey was killed and over two years since Nelson was charged with second-degree murder and assault.

The judge’s statement prompted a plea by Elaine Simons, Sarey’s foster mother, who said the family has been patiently waiting for resolution and justice.

“We’ve been waiting 18 months,” Simons said after seeking the court’s permission to speak. “This is a real hardship for the family. If we push it to September, many of us have children and school starts. The public has been waiting for this trial.”

Phelps will hold a hearing Tuesday to adjust the briefing schedule and set a new trial date after the attorneys in the case confer.

Also Friday, Phelps denied a motion by Nelson’s attorneys seeking to gag the prosecutor’s office from publicly discussing evidence in the trial, ruling that the rules of professional conduct already address that issue.

The defense was protesting a YouTube video released by the prosecution that showed enhanced surveillance video of the shooting, as well as a tweet issued by the office quoting a Seattle Times story about a ruling in which the court said prosecutors could photograph Nelson’s extensive tattoos.