Stepdad charged with murdering 3-year-old gets out of jail to go to dentist (Seattle, Washington)

Stepdad JOEL M. ZELLMER is charged with 1st-degree murder in the drowning death of his 3-year-old stepdaughter. Yet he was recently released from jail for 4 hours so he could go to the dentist. Nobody was watching him but his own father. The mother of the dead child was shocked and fearful that he was let out with no security. Zellner has a history of "accidents" involving the children of women he is involved with.

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Last updated July 26, 2009 8:02 p.m. PT

Man charged with murder was released to see dentist
No officers guarded man accused of drowning 3-year-old girl

By SCOTT GUTIERREZ
SEATTLEPI.COM STAFF

Joel M. Zellmer isn't someone you should trust, police say.

Charged with first-degree murder, he's accused of drowning his 3-year-old stepdaughter and making it look like an accident. His bail is set at $5 million - a high amount that's reserved for people considered a threat and a risk to run.

Yet Zellmer was released into the community July 1 for four hours with no one guarding him but his father, so he could be driven to his dentist in Kent.

Zellmer, 39, was experiencing pain from a decaying tooth and disagreed with a dentist's recommendations in the jail. Zellmer's lawyers argued that the pain was so severe it affected his ability to communicate, and thus aid in his own defense.

Police and prosecutors didn't think he should've been released at all. The Department of Adult and Juvenile Detention, which runs the jail, argued that Zellmer just needed to have a tooth pulled, which could be done in custody.

But King County Superior Court Judge Catherine Shaffer thought Zellmer proved that he was entitled to a second opinion at his own expense, and asked prosecutors to make security arrangements. Jail officials, however, objected, arguing that they didn't have the resources to escort every inmate who disagrees with jail medical staff, according to court records.

Shaffer, saying she had no authority over the jail, said she would reluctantly release Zellmer to his father, whether or not the jail, or even detectives with the Sheriff's Office, would provide security. No law enforcement officers escorted him.

In the latest hearing last Friday, Shaffer turned down Zellmer's request for at least three more visits to Bright Now Dental in Kent to treat other dental problems. This time, prosecutors had dental records showing that even Zellmer's dentist agreed with the jail - his tooth should be extracted.

The judge also received a letter from the victim's mother, Stacey Ferguson, who said she was "shocked and appalled" that Zellmer was allowed to see a dentist only three miles from her home. She begged the court not to allow Zellmer out of jail for any future dental visits.

"I fear for the lives of my daughter, myself and my family. It is because of these extreme fears and concerns that I am making a plea to this court once again to please not release Joel Zellmer from custody," she said.

Zellmer, charged with first-degree murder, second-degree murder, and first-degree theft for allegedly defrauding the state of workers compensation, is set to go to trial next March. He's also accused of mortgage fraud to hide money from the sale of his home due to his ex-wife's wrongful death lawsuit against him, court documents say.

Zellmer's court-appointed lawyer, Mick Woynarowski, pointed out that Zellmer came back to jail as ordered and that he has never violated court orders barring him from contacting the victim's family. Woynarowski declined to comment after the hearing.

Stepdaughter found dead

Zellmer's stepdaughter, Ashley McLellan, died after she was found floating in the family's pool on the night of Dec. 3, 2003. Zellmer said he could only figure that the girl had snuck outside to eat a piece of cake left on the deck, and possibly slipped while washing her hands in his pool, court documents say.

Sheriff's investigators initially classified it as an accident, but reopened the case two years later after learning details that were hard to ignore. Three months before Ashley's death, Zellmer had asked her mother to buy a $200,000 life insurance policy for the girl. They also discovered a trail of "accidents" involving children of women that Zellmer had dated over the last 15 years, court documents say.

When Zellmer was arrested, he was armed and wearing a bulletproof vest, court documents say. He's been in jail since June 2007.

A dentist in the jail had examined Zellmer and recommended pulling his tooth. But Zellmer wanted a root canal, and at first sought a court order for the jail to perform it. After that request was denied because the jail can't provide beyond basic taxpayer-funded dental services, Zellmer asked for a court order allowing him to seek a second opinion from his own dentist, according to court documents.

Prosecutors, including the jail's lawyer, argued that Zellmer's release would set an unfortunate precedent for other inmates with medical issues at a time when King County has few extra resources. Zellmer had tried to frame his case in the context of a recent federal investigation that found inadequate medical care inside the jail, according to court records.

Escorting inmates to and from medical or dental appointments is routine, but is reserved for emergencies or services that the jail can't provide, said Maj. William Hayes, a jail spokesman. Each transport requires a security detail of three officers, which stretches resources.

Secondly, jail officials typically pre-arrange the inmate's appointment with the health-care provider. They don't tell the inmate the day or time until it's time to go. That reduces the risk of an escape attempt or ambush. But in this case, Zellmer had set up the appointment without coordinating through the jail, which jail officials thought was a security concern, according to court documents.

As it turned out, Zellmer's dentist, Dr. Benjamin Dorantes, wasn't even aware that Zellmer was in jail until after the fact. He also told prosecutors that he was "not amenable to having security personnel accompany the defendant into a treatment room," according to court documents.

Shaffer, a former prosecutor, said during the July 1 hearing that this was the first case she had seen where no one wanted to escort an inmate who posed security risks. She noted her concerns, but said she had to consider whether Zellmer's pain was interfering with his ability to work with his attorneys. She noted that inmates are occasionally released for the birth of a child or a funeral. She signed an order that morning and he was released at 11 a.m. to his father, Dennis Zellmer.

Jail officials say they then simply followed the judge's order.

"If we get the directive, an order from the court to release this guy to his father, from this time to this time, that's what we do," Hayes said. "He left at the time he was supposed to and he returned at the time he was supposed to."

Shaffer also had asked prosecutors whether they could get the Sheriff's Office, which investigated the case, to provide an escort for Zellmer.

Sheriff's Sgt. John Urquhart said last week the idea was a drastic departure from protocol. The agency doesn't escort inmates from jail, unless it's for an investigation and the Sheriff's Office arranged the security plan.

"There is a long-established procedure for prisoners that need medical treatment. The procedure is that the jail guards them, not the Sheriff's Office," Urquhart said. "We don't have the training for it, we don't have the manpower for it - it's not something we do."

"This judge was going to release him whether he was guarded or not and that's what she did," he added.

A detective, however, concerned about Zellmer's release, decided to tail him to the appointment without telling supervisors, prosecutors said in court. The detective observed Zellmer reunite with other family members in the parking lot, which was not approved by the court.

Shaffer said during Friday's hearing that she might entertain future requests for dental treatment, depending on the circumstances. Through her bailiff, she declined to comment for this story because the case is still before her.

Senior Deputy Prosecutor Marilyn Brenneman said during Friday's hearing that the issue also is one of resources. Before King County's massive budget deficits, the jail or Sheriff's Office may have been more able to accommodate Zellmer.

"I think the court was generally trying to balance competing interests here and trying to meet the needs of all the parties," she said outside the courtroom.