02/11/2011 11:36 FAX 3608638871 ‘STAPLES EVERGREEN DISTRI ee w ([-BG COUNTY OF SNOHOMISH SEARCH WARRANT POURT FOR SNOHOMISH C4 ‘TO ANY PEACE OFFICER IN THE STATE OF WASHINGTON’ Upon the sworn complaint made before me it appears tha there is probable cause to believe tha the crime (5) of Aggravated Murder 1“ Degree (RCW 9A.32.030) & (RCW 10.95) has been ‘commited and that evidence ofthat crime; or contraband, the fruits of crime, or things otherwise criminally possessed; or weapons or other things by means of which a rime has been commited or reasonably appears about to be committed; or a person for whose arest there is probable cause, of who is unlawfully restrained are concealed in or on the premises, vehicles or persons within Snohomish County, Washington, YOU ARE COMMANDED TO: 1. Search, within ten (10) days ofthis date the premises, vehicle or person described as follows: ‘The Washington State Refomatory / Deparbnent of Corrections Religious Chapel located on the property of the Washingfon State Reformatory in Monroe, WA 98272, located at 16770 1708 Ave SE to include the entire sanctuary azea of the chapel, and more specifically the walls, chairs, carpet, Tight switebes, doors, cabinets, musical instruments, and storage rooms accessed via the chapel stage. 2. Seize, iFlecated, the following property or person Forensic and trace evidence 10 include, blood, sweat, saliva, skin, bsis, tissbe, latent prints, and clothing and any other bodily fluids found therein. 3, ‘The Search Warrant Affidavit is herein incorporated by reference. 4. Promptly return this warrant to me oF the clerk ofthis court; the retum must inchude an inventory ofall property seized. ‘A copy of the warrant and a receipt for the property taken shall be given tothe person from whom or from whose premises property is taken. 1C'no person is found in possession, a copy and receipt shall be conspicuously posted atthe place where the property is found. } pues 2/10 (201 feo abate. yee — “This warrant was issued by the above judge, pursuant tothe telephonic warrant procedure authorized by JCFR 2.10 and CrR23, on _ 2011 at _m Pee es. Printed or typed namé of Peace Officer ‘Signature of Peace Officer Authorized to Affix. Judge's Signature to Warrant02/11/2011 11:37 FAX 3608638871 STAPLES 835 002 FILED FEB 1 1 2011 sora couy os Snohomish County District Court hereon uO Evergreen division STATE OF WASHINGTON No. { { a 3 6 COUNTY OF SNOHOMISH AFFIDAVIT FOR SEARCH WARRANT ‘The undersigned on oath states: That affiant believes that: [X] Evidence of the crime of ‘Aggravated Murder 1% Degree (RCW 9A.32.030) & {RCW.10.95) [1 Contraband, the fruits of a crime, or things otherwise criminally possessed, and [1 Weapons or other things by means of which a crime has been committed or reasonably appears about to be committed, and [_] Apperson for whose arrest there is probable cause, or who is unlawfully restrained are located in, on, or about the following described premises, vehicle, or person: May be located at the Washington State Reformatory / Department of Corrections Religious Chapel located on the property of the Washington State Reformatory in Monroe; WA'98272, located at 16770170" Ave S.E. to include the entire sanctuary area of the chapel, and more specifically the walls, chairs, carpet, light switches, doors, cabinets, musical instruments, and storage rooms accessed via the chapel stage. My belief, in part, is based upon the following training, knowledge, and experience: |, Paul C. Ryan, am a commissioned Law Enforcement Officer employed by the Monroe Police Dapariment. | graduated from the Washington State Criminal Justice Training Commission, as a member of Police Corps 6, @ program sponsored by the U.S Department of Justice Office of Justice Programs. My graduation from Police Academy ‘and subsequent employment with Monroe PD began in February 2005. Prior to becoming a law enforcement officer, | obtained a Bachelors Degree in Business ‘Administration and Minor in Criminal Justice from Gonzaga University in May of 2004 | am currently assigned as a Detective with the Snohomish County Auto Theft Task Force where | have been assigned since September of 2008. | have attended hundreds of hours of law enforcement training and have assisted in the investigation of past Homicides investigated by the Monroe Police Department. | have attended and completed the sponsored Washington State Criminal Justice Training Commission Homicide Investigations Course. Additionally, | have received training from Forensic Scientists with the Washington State Patrol Crime Lab on proper 102/11/2011 11:37 FAX 3608638871 STAPLES 838 Goos procedure and techniques for collecting forensic evidence, and know and have first hand experience with how forensic evidence can aid criminal investigations. That Affiant’s belief is based upon the following facts and circumstances: {As part of this investigation, | have spoken with other Investigators assigned to this case, ‘and am familiar with the facts and circumstances that surround it. On Saturday, the 29" of January 2011, at approximately 2114 hours, Corrections Officers at the Washington State Reformatory were notified that there was an inmate missing from the A unit after the formal count at 2100 hours. Officers immediately began a search for the missing inmate, and at approximately 2120 hours, Correctional Officer Maynard and other Officers located Inmate Byron Scher sitfing on a chair in the foyer/entry to the Chapel building. Inmate ‘Scherf was moved to a segregation unit cell, and observations were made at the time of injuries to his hands and blood on his jacket ‘and shirt. The injuries included a bleeding injury just below the fingernail of his middle finger on his left hand and bruising underneath the nail, and multiple scrapes and contusions on his knuckles. Inmate Scherf made statements to Lt. Briones in the presence of other Officers that he had planned to escape and had hidden in the chapel {fo facilitate his escape. Inmate Byron Scherf is serving life without parole as a third strike offender with conviction of first degree Rape, and first degree Kidnapping. At approximately 2210 hours, Watch Control was notified that equipment checked out __-by-the Chapel Officer, Correctional Officer Jayme Biendl, had not yet been retuned ‘The Chapel was scheduled to close that night at 2030 hours, and Correctional Officer Biendl was scheduled to secure from her shift at 2100 hours. Correctional Officer Biendi's regular duty assignment was the Chapel and had been for several years. The Chapel post is a single Officer post that had no relief Officer at the end of Correctional Officer Biend!’s shift due to the hours during which the Chapel is open. Officers were: immediately dispatched to search for Correctional Officer Biendl, and at approximately 2225 hours, Correctional Officer Biendl was found deceased inside the chapel, on the Stage inside the sanctuary. The religious chapel is located inside the Washington State Reformatory Prison, which is addressed 16770 170” Ave SE, Monroe, WA 98272 Correctional Officer Biendl was found with a cord wrapped around her neck. The initial investigation of the scene revealed that Correctional Officer Biend! had apparently been strangled by a cord that had been left on the stage. Located in the Chapel sanctuary were the keys that had been issued to Correctional Officer Biendl for Chapel duty. These keys allow access to the various locked areas around the chapel building including meeting rooms, bathrooms, offices, and storage Closets. On the floor under the first row of chairs that make up the pews for the sanctuary was located the radio issued to Correctional Officer Biendl, and on the stage at the right rear comer was located the lapel microphone/speaker, which had been disconnected from the cord connected to the radio, On the stage were located two 202/11/2011 11:38 FAX 3608638871 STAPLES 838 @oos books titled “199 Promises of God" and “ Know Your Bible.” These were located in close proximity to Correctional Officer Biendi’s body, and one was partially underneath her body. | know that viewing surveillance footage, and extensive interviews with inmates, Correctional Officers and others has brought to light background information on inmate Byron Scherfs prior crimes and his involvement at the Chapel during his time spent at the Washington State Reformatory, additional information regarding the actions of Inmate Scherf prior to Correctional Officers discovering him in the foyer, and has provided an approximate timeline of events leading up to the murder of Correctional Officer Biendi, | am specifically aware of these facts, due to my involvement in this investigation from its inception Surveillance footage has shown that at approximately 2008 hours on the 29" of January, Correctional Officer Biend! opened the door to: the meeting room, giving Inmate ‘Scherf access to the room. Correctional Officer Biendl then props open the back door to the sanctuary (doorway 3-13 on the attached WSR map) and Inmate Scherf follows her into the sanctuary. Inmate Scherf is seen carrying something from the room, and interviews with other inmates has revealed that Inmate Scherf had requested access to the room to obtain baptismal blankets. The blankets may have been placed into one of several locked cal ts around the sanctuary. The cabinets are locked with padlocks and area Jabeled with various religious faiths. Surveillance footage shows that Inmate Scherf spent most of the night in the inmate office located just off the foyer. On the attached map, the inmate clerk office is labeled as being behind doorway labeled 3-2. Interviews with inmates and corrections staff has confirmed that the inmate clerks office in practice is the room behind door 3-17 across the hall, and the Corrections Officers use the office behind door 3-2. Surveillance footage in the minutes just prior to 2030 hours shows Correctional Officer Biend! walking from the library toward the foyer, checking doors. She is seen to pass the inmate clerk office where Inmate Scherf is still working. There is no apparent interaction between them. At approximately 2030 hours, Inmate Robert Price is seen walking into the inmate clerk's office with a jacket, and leaving without it. An interview with Inmate Price confirms that he had found inmate Scher’s jacket in the sanctuary and retumed it to him in the office. After Price leaves, Inmate Scherf leaves the office with two books in his hand. The camera angle does not provide a view of persons crossing through the foyer. Surveillance footage continues to be reviewed, however at this point in the investigation, no persons are seen in the surveillance footage between the time Inmate Scher leaves the office and is later discovered by Corrections Officers in the foyer at 2120 hours. Multiple Officers reported hearing some sort of unidentifiable noise come over the radio over the air that covers the entire WSR institution. The description of the sound ranges from clicking, to dead air, to a muffied scream. Multiple witnesses place this sound at approximately 2035 hours. The radio system does not record audio, but does record 3