Teen's alleged writings argued in murder case

PALMER -- A Palmer prosecutor has asked that writings by the son of accused murderer Suzette Welton not be admitted at Welton's trial, scheduled to begin next week.

Palmer Assistant District Attorney Dave Berry filed a motion asking Anchorage Superior Court Judge Milton Souter to rule certain computer writings as inadmissible. Poems and songs believed to be authored by Sam Welton, 14, do not contain relevant content, Berry contends.

Palmer Public Defender Greg Heath and Assistant Public Defender George Davenport disagree.

The writings were taken from a computer police seized immediately after the Sept. 15, 2000, fire in which Sam Welton perished. His mother, Suzette Welton, was arrested on charges of murder and arson two months later.

Welton, 38, was indicted Nov. 30, 2000, on one count of first-degree murder, two attempted murder counts and one count of arson in connection with the fire that consumed the Mulchatna Drive duplex apartment where Welton and her three children were living.

Another son, Jeremiah, then 16, was able to get out of the home by jumping to the ground from a second-story window. Welton and her 6-year-old daughter escaped uninjured.

The defense wants to establish that there's a suspect other than Welton. "Other suspect evidence is admissible so long as the evidence tends to create a reasonable doubt as to the defendant's guilt," they argued.

"The state of mind of Sam is relevant because it tends to make it more likely that Sam caused the fire because he was attracted to thinking of death and he fantasized conduct that might result in death," the defense attorneys wrote in a counter motion.

Welton's attorneys intend to show that Sam had an equal opportunity to start the fire, and "that he had a more credible motive to start a fire than the motive attributed to the defendant by the state; namely, that he exhibited through his writings, art and songs an attraction to death, violence and suicide; and according to witnesses had been known to experiment or play with fire."

Berry said the state objects to raising issues about teen-age substance abuse, depression, suicide and writings by Samuel Welton. His motion outlines three objections: that the information is not relevant, that it is inadmissible because it could prejudice and confuse the jury, and because the writings found on the computer cannot be sufficiently authenticated.

"At best it seems to suggest that this 14-year old boy was into modern rap music, some of which uses violent language. That seems to have little probative value, especially when compared to the danger of confusing the jury about the real issues in the trial," Berry wrote.

Berry also challenged experts the defense intends to call to testify. Heath and Davenport intend to present two experts who can interpret Sam's state of mind around the time of the fire through their evaluations of his writings. Another witness is to present information about teen drug use.

Since such testimony relates to depression, suicide and drug use, Berry is asking the court to rule on the matter in an evidentiary hearing prior to trial.

The defense is arguing these areas are relevant and connected to the events that transpired before the fire.

Sam was the only family member who wrote poetry and one item presented as evidence was written two days before the fire, on Sept. 13, 2000, according to the defense's argument. Most of the seven items the defense wants to present as evidence were written within months of the fire, according to a computer analyst who dated the material.

While teen angst often lends itself to dark poetry and morbid thoughts, the defense contends something more extreme was at work in Sam's mind. He wrote: "There's a rope around my neck/don't stare help me/ there's a rope around my neck/you watch as my spirit starts to flee…what's wrong/ I don't have long…"

The problem with computer writings, the state contends, is that it is difficult to establish definite authorship. Who wrote what cannot be verified in the standard ways such as through handwriting analysis.

Heath and Davenport contend that "It should be sufficient foundation to acknowledge, as the State already has, that the computer was in the Welton household and the persons who had access to

it were limited to Samuel, Suzette and Jeremiah Welton."

The trial is scheduled for April 1 in Palmer Superior Court.