Lazcano plea offer returns

A motion to enforce a previously rejected plea agreement in the Daniel Lazcano murder case was filed Monday in superior court by Lazcano’s defense attorney, Eric Christianson.

The plea agreement, which would have led to a conviction on a reduced charge of second degree manslaughter, was rejected by Superior Court Judge David Frazier in a hearing July 19.

Since the July 19 ruling the court has moved Lazcano’s third trial to Spokane County and Judge Maryann Moreno of Spokane has been named to preside.

The motion filed Monday contended when Judge Frazier rejected the plea bargain agreement, he referred to evidence which was not presented in the two Daniel Lazcano trials here. Both of the trials here ended in a mistrial after each jury reported they were unable to reach a verdict on charges of first-degree kidnapping and first degree murder of Marcus Schur, 23, Rosalia, in Malden, Dec. 27, 2011.

Monday’s motion also contended Judge Frazier in July had the option to reject the plea agreement but not Lazcano’s plea of guilty to the reduced charge.

A transcript of the July 19 ruling was filed with the motion.

When he rejected the plea bargain agreement Judge Frazier compared the potential length of sentence Daniel Lazcano would face with the 25-year sentence received by his brother, Frank Lazcano, after the jury in his case convicted him of felony murder. A conviction on second-degree manslaughter would involve a sentencing range of between 21 and 27 months.