Jurors In Roth Murder Trial Will Hear Of The Death Of A Previous Wife In 1981
Jurors will be permitted to hear evidence that a Woodinville man, accused of drowning his wife for insurance money, also collected a large payment when a previous wife fell off a cliff a decade ago, a King County Superior Court judge ruled today.
Over strenuous arguments by attorneys defending Randy Roth, Judge Frank Sullivan ruled that the evidence may be heard during Roth's first-degree murder trial.
Senior Deputy Prosecutor Marilyn Brenneman told Sullivan that the 1981 death of Roth's second wife is a critical link in portraying his alleged pattern of committing crimes for insurance money.
Sullivan already had ruled that the prosecution could introduce evidence that Roth may have faked a burglary at his home to collect insurance.
Roth is accused of killing Cynthia Roth, his fourth wife, who drowned in Lake Sammamish July 23, 1991. Roth was with her in a small raft, and told police she fell overboard when it was overturned by a wake from a passing speedboat.
Cynthia Roth had $365,000 in insurance policies naming her husband as beneficiary. He collected $115,000 when his second wife, Janis, fell off a 300-foot cliff while hiking with him in Skamania County in 1981.
Defense attorney John Muenster argued that allowing the jury to hear evidence on the second wife's death, even though Roth was never charged with any wrongdoing, would be overwhelmingly prejudicial and destroy his chances for a fair trial.
"There are no witnesses saying that she (Janis) was killed by any other way than slipping off the cliff," Muenster said. "Introducing this testimony could very well be a miscarriage of justice."
But Brenneman said the Skamania County death is critical in establishing that Roth would kill for money. She said in both incidents, Roth was with his wife when she died, was experiencing marital problems, gave conflicting accounts and stood to gain financially.
Brenneman also said Roth, a mechanic, showed an odd coolness after both deaths.
Witnesses at Lake Sammamish said Roth rowed slowly to shore although his wife lay unconscious in the raft. When he arrived at the shore, he allegedly told one of his children to find a lifeguard casually, to avoid "making a scene."
Roth claims he tried to save Cynthia but could not reach her in time. His attorneys claim the prosecutor's case is based entirely on circumstance and suspicion.
Brenneman plans to show the jury a videotape of tests conducted by King County police which allegedly shows it is virtually impossible for a speedboat's wake to tip over a raft like the one the Roths used.
Roth and Cynthia, 34, married on Aug. 1, 1990, after dating for a month. Roth had been married to his second wife for eight months before she died.
After nearly a week of pretrial motions, Judge Sullivan has sided with the prosecution on nearly every major point intended to paint Roth as a habitual insurance-fraud artist.
His trial is to begin Feb. 24.
Sullivan ruled that evidence concerning the alleged fake burglary is relevant to the murder charge because insurance fraud was involved. But the judge sided with the defense that an alleged theft of auto parts from Roth's employer, a car dealership, was not relevant to the murder case.
Muenster has told Sullivan that the state has "at the very best a weak case" but is attempting to overwhelm the jury by throwing out a "potpourri" of allegations about Roth's supposed insurance fraud.
Brenneman countered that linking the various evidence is legitimate because it demonstrates a "common scheme": insurance fraud.
Outside court, Muenster said he may also have to fight the prosecution over evidence about Roth's younger brother, David, being a convicted murderer.
David Roth, 34, confessed to killing a hitchhiker in August 1977. The woman was never identified and was buried as "Jane Doe."
David Roth is serving a life sentence at the state prison in Walla Walla. He is eligible for parole in 1997.
Muenster said Brenneman had advised him that she may ask to include testimony from witnesses who said Roth commented that his brother was "stupid for getting caught."