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Tuesday, August 17, 2004 - Page updated at 10:43 A.M.

Arlington man's murder conviction upheld

By Jennifer Sullivan
Times Snohomish County bureau

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An Arlington man convicted of killing his wife lost his appeal before the state Court of Appeals Monday.

In October 2002, David Schubert was sentenced to 13 years in prison for the second-degree murder of Juliana Schubert. Her body was never found.

In his appeal, Schubert claimed that Snohomish County Superior Judge Ronald Castleberry shouldn't have let jurors hear many of the statements his wife had made to others about their relationship. Schubert also argued that Castleberry shouldn't have admitted his wife's will into evidence. He claimed the evidence used to convict him was insufficient.

"Viewed in the light most favorable to the State, the evidence would permit a jury to rationally find Schubert guilty of second-degree murder and acquit him of first-degree murder," the appellate judges wrote. "The trial court did not err in giving the lesser included crime instruction on second degree murder."

Schubert, a reserve officer for the Arlington Police Department and an insurance broker, has maintained that his wife called him days after her disappearance to say she was in Colorado and needed to think things over. He has said they argued over plans to divorce just before she left.

Investigators suspected Schubert shortly after his wife disappeared in the summer of 1989, but he wasn't charged until 1994. During his first criminal trial in 2001, jurors were convinced Juliana Schubert was dead but weren't unanimous about what had happened to her, splitting 9-3 against convicting Schubert of first-degree murder and 9-3 in favor of second-degree murder. Schubert was re-tried in 2002, and jurors deliberated for seven days before returning a guilty verdict.

Jennifer Sullivan: 425-783-0604 or jensullivan@seattletimes.com

Copyright © 2004 The Seattle Times Company

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