Deputy Prosecuting Attorney Scott O'Toole told a Superior Court judge that King County Prosecutor Norm Maleng has decided to seek the death penalty against Conner Michael Schierman, who is charged with murder and arson in the deaths of National Guard Sgt. Leonid Milkin's wife, two sons and sister-in-law in Kirkland last July.

O'Toole said he could not comment on the factors that Maleng considered, and said Maleng was out of town and not immediately available for comment.

"At the end of the day, he decided this was a decision that should be placed in front of the jury," O'Toole said.

It is the first time Maleng has sought the death penalty since he agreed to a plea deal in 2003 that spared the life of the Green River Killer, Gary Ridgway, in exchange for help finding more remains of his victims. Many attorneys and legal scholars questioned whether Maleng would ever seek the death penalty again.

Schierman's lawyer, Jim Conroy, told Judge Gregory Canova that he intends to object to the constitutionality of the death penalty in Washington state.

"You can't cut a deal with the most prolific serial killer in this country and seek the death penalty against other people," Conroy said after the hearing. "You just can't do that. It's fundamentally wrong."

In light of the decision, Canova revoked the $10 million bail set for Schierman.

Schierman pleaded not guilty last year in the deaths of Olga Milkin, 28; sons Justin, 5, and Andrew, 3; and Olga's sister, Lyubov Botvina, 24. Authorities said he knifed the four to death July 17 and then burned the home to conceal the crime. No motive has been given; according to court documents, Schierman said he woke up in the victims' home covered in blood following an alcoholic blackout.

Leonid Milkin, a National Guardsman who was on duty in Baghdad at the time of the slayings, said seeking the death penalty was the right decision.

"I want the whole world to know how greatly they suffered, and he needs to be held accountable to the full extent of the law for what he did," Milken said. "That's going to be justice for my family."

Milkin declined to say whether he explicitly asked Maleng to seek the death penalty.

"I asked him to consider the facts, which he did. I am very pleased with that decision," Milkin said.

Several Fort Lewis soldiers dressed in fatigues came to court Tuesday to support Milkin.

"His faith is really strong," said Spc. Julio Godreau. "He handled this a lot better than I would have, I'll tell you that much."

In November 2003, Ridgway admitted he was the Green River Killer and pleaded guilty to murdering 48 women, most of them between 1982 and 1984. In exchange for a life sentence without parole, he pleaded guilty to more murders than any other serial killer in U.S. history. Maleng said then that he finally agreed to a plea bargain to bring a resolution to dozens of unsolved cases.

Legal experts said the plea bargain raised the question of whether sparing Ridgway could block the death penalty in the state. The Washington state Supreme Court is required to review every death sentence handed out, and must consider whether the sentence "is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant."

The high court upheld Washington's death penalty law 5-4 last year, in a case that questioned how prosecutors can execute anyone if they're not going to execute Ridgway. But further challenges to the law, based on the "proportionality" clause, are pending. Lawyers for another serial killer, Robert Yates of Spokane, argued that it was wrong for him to get the death penalty for two killings in Pierce County when he was sentenced to life in prison for killing 13 women in Spokane, Skagit and Walla Walla counties.

A recent state bar association report raised questions about the wisdom of continuing to seek execution, given the exorbitant costs of such trials and the overwhelming likelihood of reversal by appeals courts. The state has spent millions of dollars pursuing death in 79 cases over the last 25 years, with four executions to show for it. Three of the convicts executed had waived their appeals and volunteered to be killed.

Previous Stories: September 6, 2006: Kirkland Father Vows To Rebuild July 31, 2006: Kirkland Killings Suspect Enters Plea July 25, 2006: Kirkland Murder Suspect Held On $10M Bail July 21, 2006: Police Comb Homicide Scene For Clues July 21, 2006: Motive A Mystery In Kirkland Killings July 20, 2006: Father Of Slain Family Returns Home From Iraq July 20, 2006: Police: Kirkland Fire Victims Were Stabbed