Anchorage Daily News

The state of Alaska is attempting to put a Craig woman back on trial for the murder of her mother.

A judge nearly three years ago dismissed the case against Rachelle Waterman, now 20, for orchestrating the murder of her mother, Lauri Waterman. The dismissal came after a jury couldn't reach a verdict.

Assistant attorney general Diane Wendlandt on Thursday asked a three-judge Appellate Court to grant a new trial.

Wendlandt argued the state should be allowed to retry Waterman given the particularly heinous nature of the crime.

"Bottom line, you'll be letting a murderer off the hook. Not because the police made a mistake, not because the prosecution made a mistake, but because of an unreviewable trial court error," said Wendlandt. "The public deserves better than that, and review is appropriate in this case."

Waterman's attorney, Beth Trimmer, argued the state has no right to appeal "this case for one reason, jurisdiction."

Lauri Waterman's body was found by a hunter off a remote logging road on Prince of Wales Island in November 2004. Waterman, 48, had been kidnapped from her home in the middle of the night and was beaten and suffocated to death.

Brian Radel and Jason Arrant, both 24 at the time, burned Waterman's minivan with her body inside in an attempt to destroy evidence of their crimes.

Both men pleaded guilty to first-degree murder and agreed to testify at Waterman's trial, which ended in a mistrial when the jury reported itself deadlocked.

Arrant testified that he and Radel were carrying out the wishes of Rachelle Waterman, who claimed her mother abused her. Radel said the only contact he had in planning the killing was with Arrant.

Both men were former lovers of the teenage girl, from the time she was 15 until she turned 16.

Juneau Superior Court Judge Patricia Collins threw out Waterman's indictment because she said the confession on which it was based may have been coerced.

The girl's statements to police were the centerpiece of the state's arguments to the grand jury that handed down the indictment in the case.

Waterman told police at the time that she knew of the plot to kill her mother and did nothing to stop it. Those videotaped interviews were shown during the trial.

Collins said the prosecution had not proved her statements were voluntary. Collins said police lied to Waterman about evidence in the case and were coercive when they threatened her with harsher consequences if she did not confess.

Waterman was set free in March 2006.

If the state wins its argument, Waterman would face a new trial with her statement to police again being used as evidence against her.

Waterman's attorney says it should remain suppressed.

Waterman did not appear at the Thursday hearing in Anchorage.

Her father, Carl "Doc" Waterman, did attend and said his daughter is currently living out of state and working on a college degree.

Waterman said he still lives in the same home in Craig.

"They (residents in Craig) still believe that she should've been convicted and it's difficult because most of them are my friends; I've known them for years," Doc Waterman said. "But life goes on, and it's a great community. Craig is the best place in the world to live," he told Anchorage television station KTUU.

It was not known when the appeals court would issue a decision.