Court of appeals reverses manslaughter conviction
By Terry Murry on Monday, May 22nd, 2023 in Columbia Basin News More Top Stories
SPOKANE – The Washington State Court of Appeals, Division III, filed a judgement Thursday that a Waitsburg woman’s August 2021 conviction for first-degree manslaughter must be reversed and that the matter is remanded for further proceedings. The three-judge panel’s published opinion states Leslie Moreno’s attorney, Julie Ann Carlson Straube, undermined the court’s confidence in the outcome of the case.
Walla Walla County Prosecuting Attorney Gabe Acosta said since Thursday’s ruling by the state Court of Appeals, his office has arranged to produce Moreno from prison. A court hearing is scheduled for 8:45 a.m. on June 1 to discuss further proceedings.
Moreno was originally charged with first degree premeditated murder in connection to the Dec. 28, 2018, stabbing death of her boyfriend, Marcus J. Allessio outside a Waitsburg residence they lived together in. However, Moreno was convicted at a trial of a lesser offense of first-degree manslaughter.
In the Washington Court of Appeals decision, it states Moreno asserted a claim of self-defense based on a theory of either excusable or justifiable homicide. The jury was instructed on justifiable and excusable homicide as to first-degree murder and two other lesser offenses. But Carlson Straube reportedly failed to request similar instructions as to first-degree manslaughter and repeatedly admitted on the record that they did not make this request based on their belief that the defenses of excusable and justifiable homicide did not apply to first-degree manslaughter.
On appeal, Moreno argued that Carlson Straube provided constitutionally ineffective representation when the attorney failed to seek self-defense instructions applicable to first-degree manslaughter. All three judges unanimously agreed and stated Carlson Straube failed to recognize the defenses of excusable and justifiable homicide can apply to all forms of illegal homicide.
As a result, the court’s jury instructions improperly suggested Moreno’s defenses did not apply to the offense of first-degree manslaughter, of which Moreno was ultimately convicted. Moreno was sentenced to 10 and a half years in prison, minus just over two and a half years for time already served.
