King County prosecutors are appealing a judge's decision last week that prosecutors can't seek the death penalty against a man and a woman accused of killing six members of a Carnation family on Christmas Eve 2007.
Superior Court Judge Jeffrey Ramsdell ruled Thursday that the King County prosecutor's office made a mistake in considering the strength of its evidence in deciding to seek the death penalty against Michele Anderson and Joseph McEnroe.
Prosecutors say the trial judge made an obvious error in his decision, that it's not supported by any law, and that the death penalty option should be reinstated.
Prosecutors also said the trial court's ruling is premature because neither defendant has yet been convicted or sentenced to death, and neither defendant has yet been tried.
And "If the defendants are not sentenced to death, this issue will be moot. If they are sentenced to death, this issue may be raised on direct appeal."
Anderson and McEnroe are charged with aggravated murder, accused of killing Anderson's parents, her brother and sister-in-law and her young niece and nephew.