By Peyton Whitely
Seattle Times Eastside bureau
A 22-year-old former Woodinville woman pleaded guilty Tuesday to making a false rape accusation against a local college professor last June.
King County District Court Judge Peter Nault called the case one of the "saddest" he'd ever seen in court and one that is likely to have long-term impact on future investigations.
"That we hurry to castigate a person who turns out to be entirely innocent ... I don't know how it could be worse," said Nault, saying the incident will make it harder for real sexual victims to bring their cases forward.
Nault accepted a guilty plea from Katherine M. Clifton, accused of making false statements to a public servant.
Those statements led to the rape charge last summer against the professor who subsequently spent nine days in jail and was placed on leave from his job.
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
The investigation started July 9, when Clifton met with a detective, according to court records.
She described a series of contacts with the professor beginning the previous March. She showed police e-mail messages she said were from the professor which said he had "romantic feelings" and seemed to promise to raise her grade if she agreed "to a few conditions."
Clifton also told detectives the professor "randomly showed up at locations she frequented" at least 15 times.
She said that at 7 a.m. on July 5 the professor went into her Woodinville house and raped her.
On July 10, detectives contacted the professor, who denied all the charges and said he'd never seen Clifton off the school campus. He acknowledged exchanging e-mails with her but said the ones she provided to police had been altered.
The professor was charged with first-degree rape and burglary on July 12. The Prosecutor's Office asked for $500,000 bail, describing the professor as "an extreme threat to the victim and the community."
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
On July 25, Clifton told detectives she had forged a judge's signature and made up a legal document on her computer.
On July 26 the charges were dismissed, and a day later Clifton was charged with making false statements to a public servant.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
The professor now has his job back, but said in court documents that the experience would stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever," he swore in one filing.
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com.
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Wednesday, March 19, 2008
Thursday, March 13, 2008
King County Councilmember Jane Hague gets 6 months probation for DUI charge
By Peyton Whitely
Seattle Times Eastside burea
Metropolitan King County Councilmember Jane Hague was placed on six months of probation today for a driving-under-the-influence charge brought against her last summer, with the expectation that if she meets the conditions of the court continuance, the charge will be reduced to reckless driving.
Hague said she was pleased with the legal outcome of the charge filed after she was stopped while driving on Highway 520 on her way back to Bellevue from Seattle in June.
"I'm very happy to have this concluded," she said. "It's been a learning experience. I'm really sorry this did occur."
Hague said she now looks forward to working with law-enforcement agencies and nonprofit organizations to warn against the dangers of drunken driving.
"I've learned a tremendous amount of humility," Hague added. "This is an opportunity to use my public position to a greater good."
The continuance of Hague's case was approved by King County District Court Judge Peter Nault in Redmond after he was presented with an agreed order negotiated by the defense and prosecution in the case.
Special Prosecutor Lynn Moberly, named to bring the charges to prevent possible conflicts of interest with the King County Prosecutor's Office, said the recommendation was arranged through extended negotiations.
Moberly said she had little choice but to agree to the probationary conditions because Hague had no previous criminal history and because Nault had earlier ruled that blood-alcohol readings taken at the time of the arrest couldn't be admitted as evidence during a trial.
Hague was arrested June 2 by a King County deputy sheriff just west of Interstate 405 after he reported seeing her car being driven erratically on Highway 520.
She was arrested and charged on July 16 with DUI after an investigation, with the filing made under her married name of Jane Hague Springman.
The case had gone through several continuances before the latest court session.
Under the new continuance, which Nault described as a "contract between you and the state," Hague will appear again before the court in about six months to face a sentence through the agreed disposition, with the DUI charge then to be reduced to reckless driving if she meets the conditions of the continuance.
The conditions include 75 hours of community service, installation of an ignition-interlock device,an alcohol-and-drug evaluation, alcohol-information school, attendance at a DUI victims' panel, three public-service announcements and no criminal violations.
If those terms are met, Moberly said she will recommend that Hague be sentenced to 365 days in jail, to be suspended; pay a $5,000 fine, with about $4,600 suspended, leaving a payment of about $900 for court costs and other penalties, and undergo a 30-day license suspension.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Seattle Times Eastside burea
Metropolitan King County Councilmember Jane Hague was placed on six months of probation today for a driving-under-the-influence charge brought against her last summer, with the expectation that if she meets the conditions of the court continuance, the charge will be reduced to reckless driving.
Hague said she was pleased with the legal outcome of the charge filed after she was stopped while driving on Highway 520 on her way back to Bellevue from Seattle in June.
"I'm very happy to have this concluded," she said. "It's been a learning experience. I'm really sorry this did occur."
Hague said she now looks forward to working with law-enforcement agencies and nonprofit organizations to warn against the dangers of drunken driving.
"I've learned a tremendous amount of humility," Hague added. "This is an opportunity to use my public position to a greater good."
The continuance of Hague's case was approved by King County District Court Judge Peter Nault in Redmond after he was presented with an agreed order negotiated by the defense and prosecution in the case.
Special Prosecutor Lynn Moberly, named to bring the charges to prevent possible conflicts of interest with the King County Prosecutor's Office, said the recommendation was arranged through extended negotiations.
Moberly said she had little choice but to agree to the probationary conditions because Hague had no previous criminal history and because Nault had earlier ruled that blood-alcohol readings taken at the time of the arrest couldn't be admitted as evidence during a trial.
Hague was arrested June 2 by a King County deputy sheriff just west of Interstate 405 after he reported seeing her car being driven erratically on Highway 520.
She was arrested and charged on July 16 with DUI after an investigation, with the filing made under her married name of Jane Hague Springman.
The case had gone through several continuances before the latest court session.
Under the new continuance, which Nault described as a "contract between you and the state," Hague will appear again before the court in about six months to face a sentence through the agreed disposition, with the DUI charge then to be reduced to reckless driving if she meets the conditions of the continuance.
The conditions include 75 hours of community service, installation of an ignition-interlock device,an alcohol-and-drug evaluation, alcohol-information school, attendance at a DUI victims' panel, three public-service announcements and no criminal violations.
If those terms are met, Moberly said she will recommend that Hague be sentenced to 365 days in jail, to be suspended; pay a $5,000 fine, with about $4,600 suspended, leaving a payment of about $900 for court costs and other penalties, and undergo a 30-day license suspension.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Monday, March 10, 2008
WASHINGTON CASE LAW UPDATE
State v. Enlow: The Division Three Court of Appeals overturned David Enlow's conviction for manufacture of methamphetamine, holding that Mr. Enlow was not in direct or constructive possession of the truck in whose bed he was found hiding, and therefore was not in possession of the methamphetamine-making supplies also found in the bed of the truck.
State v. Schaller: The Division One Court of Appeals held that multiple requests to dismiss assigned counsel does not, without more, justify substitution of new counsel. Rather, the court held, there must be good cause to warrant substitution, such as a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between the defendant and counsel. The court found that the trial court in this case had sufficiently questioned the defendant regarding his communications with his attorneys, and had acted appropriately in finding that new counsel need not be appointed.
State v. Schaller: The Division One Court of Appeals held that multiple requests to dismiss assigned counsel does not, without more, justify substitution of new counsel. Rather, the court held, there must be good cause to warrant substitution, such as a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between the defendant and counsel. The court found that the trial court in this case had sufficiently questioned the defendant regarding his communications with his attorneys, and had acted appropriately in finding that new counsel need not be appointed.
Saturday, March 8, 2008
Man reports "theft by escort" to police
By BRAD WONG
P-I REPORTER
A Seattle man who hired an escort to "have fun" told police that she stole $170 from him after she went to her car to fetch some condoms.
The man, who is in his 50s and lives on Whitman Avenue North near Lake Union, had called the escort after spotting an advertisement in the Feb. 21 edition of The Stranger, a police report filed Thursday said.
The woman arrived at his apartment late last month for the rendezvous. He agreed to pay her $150 to "have fun" and $20 to cover her gas.
"At some point into the fun," the woman asked the man whether he had condoms, according to the report.
Upon hearing that he did not, she said she would get some from her car.
As the man waited for her to return, he looked out his window and realized the escort was driving away in a silver car.
Since that night, he has called her "numerous times" to get his money back. "But she has not answered or returned his calls," the report said.
The man even called The Stranger to inform the newspaper of what happened.
The police officer who took the report told the man it is against the law in Seattle and the state of Washington to pay someone for sex.
But the man wanted to file a police report in case the woman "was doing this to more of her customers.
P-I REPORTER
A Seattle man who hired an escort to "have fun" told police that she stole $170 from him after she went to her car to fetch some condoms.
The man, who is in his 50s and lives on Whitman Avenue North near Lake Union, had called the escort after spotting an advertisement in the Feb. 21 edition of The Stranger, a police report filed Thursday said.
The woman arrived at his apartment late last month for the rendezvous. He agreed to pay her $150 to "have fun" and $20 to cover her gas.
"At some point into the fun," the woman asked the man whether he had condoms, according to the report.
Upon hearing that he did not, she said she would get some from her car.
As the man waited for her to return, he looked out his window and realized the escort was driving away in a silver car.
Since that night, he has called her "numerous times" to get his money back. "But she has not answered or returned his calls," the report said.
The man even called The Stranger to inform the newspaper of what happened.
The police officer who took the report told the man it is against the law in Seattle and the state of Washington to pay someone for sex.
But the man wanted to file a police report in case the woman "was doing this to more of her customers.
Wednesday, March 5, 2008
City seeking applicants for police review board
By KATHY MULADY
P-I REPORTER
Applications are being accepted by the Seattle City Council for three open seats on a review board charged with civilian oversight of the police.
The Office of Professional Accountability Review Board oversees how citizen misconduct complaints against police officers are handled. All three positions are appointed by the City Council.
The review board was established in May 2002 as part of a city response to community complaints about the police.
One seat on the board is available to someone with a law enforcement background, another seat will go to a lawyer, and the third will be filled by a resident with a background in community involvement, said Nigel Herbig, an aide to Councilman Tim Burgess.
Herbig said applicants should send a letter describing their qualifications and why they want to be on the board. They should also send a resume and contact information for three references. The deadline is March 28 at 5 p.m.
Mail packets to Councilmember Tim Burgess, Seattle City Council, P. O. Box 34025, Seattle, WA 98124-4025, or e-mail the information to tim.burgess@seattle.gov. The letters can also be faxed to 206-684-8587.
P-I REPORTER
Applications are being accepted by the Seattle City Council for three open seats on a review board charged with civilian oversight of the police.
The Office of Professional Accountability Review Board oversees how citizen misconduct complaints against police officers are handled. All three positions are appointed by the City Council.
The review board was established in May 2002 as part of a city response to community complaints about the police.
One seat on the board is available to someone with a law enforcement background, another seat will go to a lawyer, and the third will be filled by a resident with a background in community involvement, said Nigel Herbig, an aide to Councilman Tim Burgess.
Herbig said applicants should send a letter describing their qualifications and why they want to be on the board. They should also send a resume and contact information for three references. The deadline is March 28 at 5 p.m.
Mail packets to Councilmember Tim Burgess, Seattle City Council, P. O. Box 34025, Seattle, WA 98124-4025, or e-mail the information to tim.burgess@seattle.gov. The letters can also be faxed to 206-684-8587.
Tuesday, March 4, 2008
Robbery victim now accused in crime
By ELISA HAHN / KING 5 News
BREMERTON, Wash. – One of the apparent victims in an armed robbery at a grocery store is now accused of taking part in an inside job. Police believe the grocery store clerk planned the crime with two of his friends.
"I was closing up the store and I went to throw some cardboard out and I was met with a gun,” said the former grocery store employee in a KING 5 interview last week.
The 21-year-old worked at Red Apple Market in Bremerton and was one of two employees who were held at gunpoint when robbers entered a back door and forced him to open the safe.
He claimed he was too stressed to return to work.
"It was just way too much looking at where I was zip-tied and where I had a gun to my head, and it was just stressful,” he said.
Now this worker is behind bars, accused of being an accomplice of what police say was an inside job.
The market’s owner and manager says right away he had his suspicions.
"It was just too easy, too staged. It was rehearsed,” said store owner Tim Garguiles.
Garguiles says the accused employee has worked on and off as a clerk and bagger for him for four years.
Police say the two alleged armed robbers were his friends and they used the money for a weeklong spending spree that ended with all of them behind bars, soon to be charged with robbing the store.
"I didn't want to quit. I love that store, I love working there, I love the employees, I love the community, I love all the people,” the employee said.
Garguiles says he felt like a father figure to him, but now he feels betrayed.
"He's going to have a long time to think about what he did and it was very foolish,” he said.
Police say a search of the suspect's home turned up cash, a handgun, and clothing used in the robbery.
Detectives believe the suspects used some of the money for the purchase of a car and for a night of gambling at a casino.
BREMERTON, Wash. – One of the apparent victims in an armed robbery at a grocery store is now accused of taking part in an inside job. Police believe the grocery store clerk planned the crime with two of his friends.
"I was closing up the store and I went to throw some cardboard out and I was met with a gun,” said the former grocery store employee in a KING 5 interview last week.
The 21-year-old worked at Red Apple Market in Bremerton and was one of two employees who were held at gunpoint when robbers entered a back door and forced him to open the safe.
He claimed he was too stressed to return to work.
"It was just way too much looking at where I was zip-tied and where I had a gun to my head, and it was just stressful,” he said.
Now this worker is behind bars, accused of being an accomplice of what police say was an inside job.
The market’s owner and manager says right away he had his suspicions.
"It was just too easy, too staged. It was rehearsed,” said store owner Tim Garguiles.
Garguiles says the accused employee has worked on and off as a clerk and bagger for him for four years.
Police say the two alleged armed robbers were his friends and they used the money for a weeklong spending spree that ended with all of them behind bars, soon to be charged with robbing the store.
"I didn't want to quit. I love that store, I love working there, I love the employees, I love the community, I love all the people,” the employee said.
Garguiles says he felt like a father figure to him, but now he feels betrayed.
"He's going to have a long time to think about what he did and it was very foolish,” he said.
Police say a search of the suspect's home turned up cash, a handgun, and clothing used in the robbery.
Detectives believe the suspects used some of the money for the purchase of a car and for a night of gambling at a casino.
Monday, March 3, 2008
Murder charge filed in shooting death of Renton man
P-I STAFF
A Tacoma man accused of shooting to death a 20-year-old man in Renton last month was charged Monday with second-degree murder.
Police say Kyle Pinney, 18, killed Stephen Brewer on Feb. 23 and left his body in an alley in the 600 block of Index Avenue Northeast next to the guitar case that Brewer had been seen carrying.
Witnesses suggested robbery may have been the motive; they told police Pinney hid the gun in some bushes but was unable to find it when he returned later, according to court documents. Investigators found the weapon Feb. 25.
Pinney, whose criminal history includes a malicious mischief conviction and two gun charges, is set to be arraigned March 12 in King County Superior Court.
A Tacoma man accused of shooting to death a 20-year-old man in Renton last month was charged Monday with second-degree murder.
Police say Kyle Pinney, 18, killed Stephen Brewer on Feb. 23 and left his body in an alley in the 600 block of Index Avenue Northeast next to the guitar case that Brewer had been seen carrying.
Witnesses suggested robbery may have been the motive; they told police Pinney hid the gun in some bushes but was unable to find it when he returned later, according to court documents. Investigators found the weapon Feb. 25.
Pinney, whose criminal history includes a malicious mischief conviction and two gun charges, is set to be arraigned March 12 in King County Superior Court.
Sunday, March 2, 2008
Woman's car seized, ripped up
By LINDA BRILL / KING 5 News
ENUMCLAW, Wash. – An Enumclaw woman who purchased an '06 Ford Fusion on Craigslist said police seized the car as evidence and returned it in poor condition.
When the 21-year-old interior design student purchased the car, she did not know it had been involved in a crime. Four young men are charged with luring a 16-year-old girl into the car and raping her.
After the crime, one of the suspect's relatives sold the car to the Enumclaw woman for $9,000.
A month later, police seized it as evidence - and ripped it up.
"They've taken the upholstery off the seat," she said. They've damaged the pad, they've damaged the head rest and the carpeting."
The bill is estimated at $2,000 in damages.
Her insurance, Country Insurance, has denied a claim, and the city of Bellevue has declined to pay.
"It's completely unfair. Because I'm a complete victim," she said. "I had nothing to do with the crime. Now I'm stuck with the bill I have to pay."
A police spokesman said: "The state crime lab worked hard to do as little damage as possible."
Police had her car for two weeks. They say they had to go over it with a fine tooth comb, and it paid off. The four suspects are charged with rape and awaiting trial.
The car owner says she may try to collect damages from the suspects if they're convicted.
ENUMCLAW, Wash. – An Enumclaw woman who purchased an '06 Ford Fusion on Craigslist said police seized the car as evidence and returned it in poor condition.
When the 21-year-old interior design student purchased the car, she did not know it had been involved in a crime. Four young men are charged with luring a 16-year-old girl into the car and raping her.
After the crime, one of the suspect's relatives sold the car to the Enumclaw woman for $9,000.
A month later, police seized it as evidence - and ripped it up.
"They've taken the upholstery off the seat," she said. They've damaged the pad, they've damaged the head rest and the carpeting."
The bill is estimated at $2,000 in damages.
Her insurance, Country Insurance, has denied a claim, and the city of Bellevue has declined to pay.
"It's completely unfair. Because I'm a complete victim," she said. "I had nothing to do with the crime. Now I'm stuck with the bill I have to pay."
A police spokesman said: "The state crime lab worked hard to do as little damage as possible."
Police had her car for two weeks. They say they had to go over it with a fine tooth comb, and it paid off. The four suspects are charged with rape and awaiting trial.
The car owner says she may try to collect damages from the suspects if they're convicted.
Saturday, March 1, 2008
Three more suspects wanted in North Kitsap burglaries
By JIM FORMAN / KING 5 News
KINGSTON, Wash. – Kitsap County Sheriff's Department officers continue with their investigation into the property crimes that have victimized residents of all communities within North Kitsap.
Detectives arrested another suspect this week, making it half a dozen already captured and charged in the theft of a quarter of a million dollars in property.
Shawn M. Jessep II of Silverdale, 19, is the most recent person charged in connection with these crimes.
New names and faces were released Friday by detectives trying to hunt down three more fugitives linked to the crimes:
Christopher Ryan Berg is 23 and from Poulsbo is wanted for trafficking stolen property.
Jacob Lewis Dubek, 23 and from Poulsbo is a parolee wanted for running from police and violating his parole.
Donald Lloyd Pugh of South Kitsap, 44, is wanted on three counts of burglary and one of trafficking.
The Kitsap County Sheriff's Department says all three were part of the ring targeting Kitsap Sun subscribers who went on vacation. They were targeted because their deliveryman who was given instructions to hold their papers was in on the crimes.
Detectives have finished photographing, compiling and cataloging all the stolen property items that have so far been recovered.
Starting Monday in Port Orchard, and Tuesday in Kingston, victims can go to the sheriff's office to view the catalogue of those stolen items. Victims will need a police report and an appointment to view it and retrieve their stolen goods.
Detectives say the theft ring traded the stolen property for drugs, and it apparently was the drug dealers who turned on the crooks, cracking the case.
KINGSTON, Wash. – Kitsap County Sheriff's Department officers continue with their investigation into the property crimes that have victimized residents of all communities within North Kitsap.
Detectives arrested another suspect this week, making it half a dozen already captured and charged in the theft of a quarter of a million dollars in property.
Shawn M. Jessep II of Silverdale, 19, is the most recent person charged in connection with these crimes.
New names and faces were released Friday by detectives trying to hunt down three more fugitives linked to the crimes:
Christopher Ryan Berg is 23 and from Poulsbo is wanted for trafficking stolen property.
Jacob Lewis Dubek, 23 and from Poulsbo is a parolee wanted for running from police and violating his parole.
Donald Lloyd Pugh of South Kitsap, 44, is wanted on three counts of burglary and one of trafficking.
The Kitsap County Sheriff's Department says all three were part of the ring targeting Kitsap Sun subscribers who went on vacation. They were targeted because their deliveryman who was given instructions to hold their papers was in on the crimes.
Detectives have finished photographing, compiling and cataloging all the stolen property items that have so far been recovered.
Starting Monday in Port Orchard, and Tuesday in Kingston, victims can go to the sheriff's office to view the catalogue of those stolen items. Victims will need a police report and an appointment to view it and retrieve their stolen goods.
Detectives say the theft ring traded the stolen property for drugs, and it apparently was the drug dealers who turned on the crooks, cracking the case.
Friday, February 29, 2008
Rabbi who hit, killed pedestrian gets two years deferred
By Nancy Bartley
Seattle Times staff reporter
Last Yom Kippur, the Jewish Day of Atonement, Rabbi Ephraim Schwartz's anguished prayers went on for eight hours.
It illustrated the despair the West Seattle rabbi felt over the death of Tatsuo Nakata — the man he struck and killed the previous November, one of Schwartz's faithful said Thursday in Seattle Municipal Court, where his rabbinical colleagues, congregants and family packed the court to beg Municipal Court Judge George Holifield for mercy.
In the Nakata family's view, leniency was what Schwartz got.
"It's not enough," sobbed Bernadette Nakata, the victim's sister, after the sentencing.
The morning of Nov. 14, 2006, Schwartz struck Tatsuo Nakata, who was crossing Southwest Admiral Way in a crosswalk at 47th Avenue Southwest. Nakata, 29, who was an aide to then-City Councilman David Della, later died at Harborview Medical Center.
There were no skid marks to show Schwartz tried to brake, Senior Assistant City Attorney Kevin Kilpatrick said. "He wasn't paying attention."
Schwartz, the director of the West Seattle Torah Learning Center, was on his cellphone at the time, according to court testimony.
It was the second time Schwartz had struck someone with his car. The first time was in May 2005, when he struck Ilsa Govan, who was riding her bike along Interlaken Drive East. Schwartz's car crossed the lane and collided with her, she testified at the sentencing.
"I just wish there was something that could have been done after he hit me," Govan said through her tears.
Schwartz was cited for driving on the wrong side of the road, but the charge was later removed from his record. "I feel lucky to be here. I wish Mr. Schwartz would make the decision never to drive again."
The deferred sentence means that if Schwartz, 37, has no infractions of the law after two years the charge will be dropped from his record.
"I'm outraged," City Attorney Tom Carr said. "To be given a deferred sentence after a trial ... ."
In January, a jury found Schwartz guilty of assault-injury by vehicle and the prosecutor wanted him to spend time in jail. Schwartz could have been jailed up to a year.
But Holifield said no jail time would bring Nakata back.
Holifield on Thursday suspended Schwartz's license for two years and told him he would have to reapply through the Department of License, pay any funeral or medical costs from the accident, and do 500 hours of community service outside his Jewish community.
Some 100 letters supporting Schwartz were sent to the judge, and supporters spoke about his care and support. He told the court that as a result of publicity about the case, he's also received anti-Semitic mail.
One of Schwartz's congregants, Carmen Crincoli, said that on Yom Kippur last September it was agonizing to watch Schwartz's prayers go on and on, evidence, he believed, of the rabbi's inner turmoil. He begged the judge not to incarcerate Schwartz.
The judge said that protecting the public from Schwartz's driving was his main concern.
"Regardless or not if he's a good person," Holifield said, "he's a lousy driver."
The King County Prosecutor's Office declined to prosecute Schwartz because he wasn't intoxicated or driving recklessly. Instead, Schwartz was charged with assault-injury by vehicle, a gross misdemeanor, filed by the Seattle city attorney in Seattle Municipal Court.
When speaking to the court, Schwartz at times was tearful and said that a DVD of Nakata's life — sent to him by Nakata's family — rests beside his bed.
"It haunts my night," he said. "Those thoughts were with me on Yom Kippur."
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Seattle Times staff reporter
Last Yom Kippur, the Jewish Day of Atonement, Rabbi Ephraim Schwartz's anguished prayers went on for eight hours.
It illustrated the despair the West Seattle rabbi felt over the death of Tatsuo Nakata — the man he struck and killed the previous November, one of Schwartz's faithful said Thursday in Seattle Municipal Court, where his rabbinical colleagues, congregants and family packed the court to beg Municipal Court Judge George Holifield for mercy.
In the Nakata family's view, leniency was what Schwartz got.
"It's not enough," sobbed Bernadette Nakata, the victim's sister, after the sentencing.
The morning of Nov. 14, 2006, Schwartz struck Tatsuo Nakata, who was crossing Southwest Admiral Way in a crosswalk at 47th Avenue Southwest. Nakata, 29, who was an aide to then-City Councilman David Della, later died at Harborview Medical Center.
There were no skid marks to show Schwartz tried to brake, Senior Assistant City Attorney Kevin Kilpatrick said. "He wasn't paying attention."
Schwartz, the director of the West Seattle Torah Learning Center, was on his cellphone at the time, according to court testimony.
It was the second time Schwartz had struck someone with his car. The first time was in May 2005, when he struck Ilsa Govan, who was riding her bike along Interlaken Drive East. Schwartz's car crossed the lane and collided with her, she testified at the sentencing.
"I just wish there was something that could have been done after he hit me," Govan said through her tears.
Schwartz was cited for driving on the wrong side of the road, but the charge was later removed from his record. "I feel lucky to be here. I wish Mr. Schwartz would make the decision never to drive again."
The deferred sentence means that if Schwartz, 37, has no infractions of the law after two years the charge will be dropped from his record.
"I'm outraged," City Attorney Tom Carr said. "To be given a deferred sentence after a trial ... ."
In January, a jury found Schwartz guilty of assault-injury by vehicle and the prosecutor wanted him to spend time in jail. Schwartz could have been jailed up to a year.
But Holifield said no jail time would bring Nakata back.
Holifield on Thursday suspended Schwartz's license for two years and told him he would have to reapply through the Department of License, pay any funeral or medical costs from the accident, and do 500 hours of community service outside his Jewish community.
Some 100 letters supporting Schwartz were sent to the judge, and supporters spoke about his care and support. He told the court that as a result of publicity about the case, he's also received anti-Semitic mail.
One of Schwartz's congregants, Carmen Crincoli, said that on Yom Kippur last September it was agonizing to watch Schwartz's prayers go on and on, evidence, he believed, of the rabbi's inner turmoil. He begged the judge not to incarcerate Schwartz.
The judge said that protecting the public from Schwartz's driving was his main concern.
"Regardless or not if he's a good person," Holifield said, "he's a lousy driver."
The King County Prosecutor's Office declined to prosecute Schwartz because he wasn't intoxicated or driving recklessly. Instead, Schwartz was charged with assault-injury by vehicle, a gross misdemeanor, filed by the Seattle city attorney in Seattle Municipal Court.
When speaking to the court, Schwartz at times was tearful and said that a DVD of Nakata's life — sent to him by Nakata's family — rests beside his bed.
"It haunts my night," he said. "Those thoughts were with me on Yom Kippur."
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Wednesday, February 27, 2008
Murder charge filed in Maple Valley shooting
P-I STAFF
King County prosecutors charged a 23-year-old Ravensdale man with second-degree murder Wednesday in the shooting death of his friend.
Prosecutors say David Dunn killed Kelly Culp, 47, on Feb. 21, soon after the two picked up breakfast at McDonald's and returned to Culp's Maple Valley house.
Dunn had been doing occasional mechanic work for Culp, who sold used cars and did odd jobs for a repair shop, according to a police document filed in court.
After Culp was found dead with a gunshot wound to the back of the head, King County sheriff's detectives tracked Dunn through surveillance videos and interviews.
Speaking as if referring to a dream, Dunn admitted to police that he killed his friend with a bolt-action rifle, which he said he may have tossed, the court document said.
Police later found Culp's laptop computer under Dunn's bed. No motive for the killing was detailed in the charging papers.
Dunn, who has a juvenile conviction for child molestation, remained in custody on $1 million bail. He is scheduled to be arraigned March 10.
King County prosecutors charged a 23-year-old Ravensdale man with second-degree murder Wednesday in the shooting death of his friend.
Prosecutors say David Dunn killed Kelly Culp, 47, on Feb. 21, soon after the two picked up breakfast at McDonald's and returned to Culp's Maple Valley house.
Dunn had been doing occasional mechanic work for Culp, who sold used cars and did odd jobs for a repair shop, according to a police document filed in court.
After Culp was found dead with a gunshot wound to the back of the head, King County sheriff's detectives tracked Dunn through surveillance videos and interviews.
Speaking as if referring to a dream, Dunn admitted to police that he killed his friend with a bolt-action rifle, which he said he may have tossed, the court document said.
Police later found Culp's laptop computer under Dunn's bed. No motive for the killing was detailed in the charging papers.
Dunn, who has a juvenile conviction for child molestation, remained in custody on $1 million bail. He is scheduled to be arraigned March 10.
Prosecutors won't file felony charges in fatal bike accident
By Seattle Times staff
Prosecutors have decided not to file felony charges against a driver whose dump truck killed 19-year-old bicyclist Bryce Lewis last summer near Seattle's University Bridge.
The truck was turning right, on a green light, from northbound Eastlake Avenue East to Fuhrman Avenue East on Sept. 7. Lewis and a friend were riding straight in the bike lane of Eastlake, toward the bridge, when the truck rolled into their path. There is no evidence the driver was drunk, using drugs or speeding, said Dan Donohoe, spokesman for the King County Prosecuting Attorney's Office.
Witnesses said the trucker was using his turn signal, and apparently did not see the cyclists approaching, Donohoe said. The case is being referred to the city attorney's office for a potential misdemeanor charge.
Prosecutors have decided not to file felony charges against a driver whose dump truck killed 19-year-old bicyclist Bryce Lewis last summer near Seattle's University Bridge.
The truck was turning right, on a green light, from northbound Eastlake Avenue East to Fuhrman Avenue East on Sept. 7. Lewis and a friend were riding straight in the bike lane of Eastlake, toward the bridge, when the truck rolled into their path. There is no evidence the driver was drunk, using drugs or speeding, said Dan Donohoe, spokesman for the King County Prosecuting Attorney's Office.
Witnesses said the trucker was using his turn signal, and apparently did not see the cyclists approaching, Donohoe said. The case is being referred to the city attorney's office for a potential misdemeanor charge.
Tuesday, February 26, 2008
Renton man faces murder charge in party shooting
P-I STAFF
An 18-year-old Renton man accused of shooting another young man at a South Seattle party last month was charged Tuesday with second-degree murder.
Jonathan James Hall will be arraigned March 4 in King County Superior Court in the Jan. 26 death of Perry Henderson, also 18.
Police say the two men had been feuding over a young woman for weeks before they got into an argument outside the party. Henderson took of his shirt and got ready to fight, but several people pulled him away.
Police say Henderson eventually broke free, threw a rock at the young woman's car and kicked Hall's car as they drove past him. Hall is accused of firing at Henderson, shooting him at least four times.
An 18-year-old Renton man accused of shooting another young man at a South Seattle party last month was charged Tuesday with second-degree murder.
Jonathan James Hall will be arraigned March 4 in King County Superior Court in the Jan. 26 death of Perry Henderson, also 18.
Police say the two men had been feuding over a young woman for weeks before they got into an argument outside the party. Henderson took of his shirt and got ready to fight, but several people pulled him away.
Police say Henderson eventually broke free, threw a rock at the young woman's car and kicked Hall's car as they drove past him. Hall is accused of firing at Henderson, shooting him at least four times.
Online chats lead to arrest in rape of Bellevue teen
By JANE McCARTHY / KING 5 News
BELLEVUE, Wash. - Detectives say online chats proved to be key evidence in a case of a Bellevue teen who was raped four times.
The path to the crime began online, when the 16-year-old victim began chatting with the 17-year-old suspects on MySpace.com.
After a while, she thought they'd become friends, and they convinced her to meet them.
They provided her with alcohol, according to detectives, and she consumed a great deal of it in a short amount of time, to the point where she was unable to make any decisions or resist.
That's when the boys pulled their car into a dark parking lot in Bellevue, the victim - and later one of the suspects - told police.
"She was there raped by all four males in the back of the car they were riding in," said Greg Grannis, spokesperson for the Bellevue Police Department.
The suspects might have gotten away with it, but police served a search warrant on the suspects' MySpace pages. Police discovered the chat logs, which then led to the four arrests.
The victim was able to point police to the suspects' MySpace pages, where court documents say they "callously bragged about the assault," and wrote that they "feared (the victim) would contact the police and said they would kill her if she did."
"Not only did they talk about the crime they committed, but they thought that it had worked so well, that they might try it again with another victim," Grannis said.
Allan Kush, of the Internet safety group Wiredsafety.org, is not surprised by the case. He describes a certain naiveté among young online users.
"Because they're very trusting and they think they click, you know, that type of thing," he said. "But what ends up happening are things they never expected or dreamt of."
He says parents must monitor their child's online activities and make it clear that it's never OK to meet privately with someone they've met online.
All four suspects are 17 years old, and have been charged as juveniles.
However, based on the seriousness of the crime, the King County prosecutor may decide to charge them as adults instead.
BELLEVUE, Wash. - Detectives say online chats proved to be key evidence in a case of a Bellevue teen who was raped four times.
The path to the crime began online, when the 16-year-old victim began chatting with the 17-year-old suspects on MySpace.com.
After a while, she thought they'd become friends, and they convinced her to meet them.
They provided her with alcohol, according to detectives, and she consumed a great deal of it in a short amount of time, to the point where she was unable to make any decisions or resist.
That's when the boys pulled their car into a dark parking lot in Bellevue, the victim - and later one of the suspects - told police.
"She was there raped by all four males in the back of the car they were riding in," said Greg Grannis, spokesperson for the Bellevue Police Department.
The suspects might have gotten away with it, but police served a search warrant on the suspects' MySpace pages. Police discovered the chat logs, which then led to the four arrests.
The victim was able to point police to the suspects' MySpace pages, where court documents say they "callously bragged about the assault," and wrote that they "feared (the victim) would contact the police and said they would kill her if she did."
"Not only did they talk about the crime they committed, but they thought that it had worked so well, that they might try it again with another victim," Grannis said.
Allan Kush, of the Internet safety group Wiredsafety.org, is not surprised by the case. He describes a certain naiveté among young online users.
"Because they're very trusting and they think they click, you know, that type of thing," he said. "But what ends up happening are things they never expected or dreamt of."
He says parents must monitor their child's online activities and make it clear that it's never OK to meet privately with someone they've met online.
All four suspects are 17 years old, and have been charged as juveniles.
However, based on the seriousness of the crime, the King County prosecutor may decide to charge them as adults instead.
Wednesday, February 20, 2008
Applebee's waitress arrested in credit card scam
By LINDA BRILL / KING 5 News
LAKEWOOD, Wash. – Police have arrested an Applebee's waitress for stealing customers' credit card numbers. Eight victims have been identified and police are still looking for three other suspects involved in the operation.
Police are telling customers who ate at the Lakewood Applebee's during the holiday season to take a good look at their credit card bills. They say the waitress skimmed some customers' credit cards.
"Somewhere between taking the credit card, running it to pay for the meal and returning the credit card, she would slide the card through what is called a skimmer. It's a little electronic device that can be palmed easily and hidden easily, and what that device would do would copy all the information that's on the magnetic strip on the back of the credit cards," said Sgt. Mike Zaro, Lakewood Police. "Something like this takes seconds to swipe a card through a skimmer and steal all of your information."
The waitress allegedly passed those numbers on to three men who made false credit cards.
Surveillance video from a Spanaway Wal-Mart shows a man who police say bought a game system using a fraudulent credit card obtained through the scam. More surveillance video from the Lakewood Wal-Mart shows two men buying a flat-screen TV with another phony credit card.
If you recognize the suspects or ate at the Lakewood Applebee's between December and January and you notice something wrong with your credit card bill, contact Lakewood Police.
The waitress and three other suspects are being investigated for felony identity theft, forgery and fraud.
LAKEWOOD, Wash. – Police have arrested an Applebee's waitress for stealing customers' credit card numbers. Eight victims have been identified and police are still looking for three other suspects involved in the operation.
Police are telling customers who ate at the Lakewood Applebee's during the holiday season to take a good look at their credit card bills. They say the waitress skimmed some customers' credit cards.
"Somewhere between taking the credit card, running it to pay for the meal and returning the credit card, she would slide the card through what is called a skimmer. It's a little electronic device that can be palmed easily and hidden easily, and what that device would do would copy all the information that's on the magnetic strip on the back of the credit cards," said Sgt. Mike Zaro, Lakewood Police. "Something like this takes seconds to swipe a card through a skimmer and steal all of your information."
The waitress allegedly passed those numbers on to three men who made false credit cards.
Surveillance video from a Spanaway Wal-Mart shows a man who police say bought a game system using a fraudulent credit card obtained through the scam. More surveillance video from the Lakewood Wal-Mart shows two men buying a flat-screen TV with another phony credit card.
If you recognize the suspects or ate at the Lakewood Applebee's between December and January and you notice something wrong with your credit card bill, contact Lakewood Police.
The waitress and three other suspects are being investigated for felony identity theft, forgery and fraud.
Friday, February 15, 2008
Riot erupts on Evergreen College campus
By CHRIS DANIELS / KING 5 News
OLYMPIA, Wash. - Thurston County Sheriff's deputies have sent blood and fingerprint samples to the state crime lab in their quest to find suspects in an early Friday morning riot at Evergreen State College in Olympia.
Roughly 200 people were involved in the melee on the campus following a rap concert in the school gym. Sheriff's deputies made no arrests in the riot, but they want to hold someone accountable.
Authorities claim this was far more serious than first reported, that concert goers tried to grab guns from deputy holsters, pelted them with rocks and caused a fair amount of destruction at the campus.
Video captured by The Olympian newspaper shows the wild scene just before 2 a.m. SWAT teams stormed the Evergreen State College campus after a mob overturned a deputy's cruiser.
Alvina Wong was at the Dead Prez concert inside the school gym and watched as an Evergreen campus officer broke up a fight and tried to arrest one of the participants, which sparked a mob mentality.
"The crowd just kept getting bigger and bigger," said Wong. "The band did kind of egg it on and questioned why he was being detained."
"From what I understand the band was encouraging people to take care of the situation to stop the person from making the arrest," said Trooper Brandy Kessler, Washington State Patrol.
A group of concertgoers surrounded the officer, causing her to call for backup. When Thurston County Sheriff's deputies arrived, they say they found a group of 200 people, some throwing rocks, garbage cans and bent on destruction.
"The gang just went at the car and tore it up," said Wong.
A sheriff's deputy's car got tagged, its windows smashed, and was flipped over. Vandals tagged two college buildings. Three other cop cars also suffered minor damage.
A SWAT team tear gassed the group and the mob left the area. The college believes the group was not made up entirely of evergreen students.
"The crowed for this event came from all over the entire region," said Jason Wettstein, Evergreen State College. "The original person who started the fight wasn't even an Evergreen student."
One student said the rap act Dead Prez did not encourage the crowd.
The one police cruiser is a complete loss. It was also looted. A police laptop and radar gun were missing, but no one was seriously injured and no weapons were taken.
OLYMPIA, Wash. - Thurston County Sheriff's deputies have sent blood and fingerprint samples to the state crime lab in their quest to find suspects in an early Friday morning riot at Evergreen State College in Olympia.
Roughly 200 people were involved in the melee on the campus following a rap concert in the school gym. Sheriff's deputies made no arrests in the riot, but they want to hold someone accountable.
Authorities claim this was far more serious than first reported, that concert goers tried to grab guns from deputy holsters, pelted them with rocks and caused a fair amount of destruction at the campus.
Video captured by The Olympian newspaper shows the wild scene just before 2 a.m. SWAT teams stormed the Evergreen State College campus after a mob overturned a deputy's cruiser.
Alvina Wong was at the Dead Prez concert inside the school gym and watched as an Evergreen campus officer broke up a fight and tried to arrest one of the participants, which sparked a mob mentality.
"The crowd just kept getting bigger and bigger," said Wong. "The band did kind of egg it on and questioned why he was being detained."
"From what I understand the band was encouraging people to take care of the situation to stop the person from making the arrest," said Trooper Brandy Kessler, Washington State Patrol.
A group of concertgoers surrounded the officer, causing her to call for backup. When Thurston County Sheriff's deputies arrived, they say they found a group of 200 people, some throwing rocks, garbage cans and bent on destruction.
"The gang just went at the car and tore it up," said Wong.
A sheriff's deputy's car got tagged, its windows smashed, and was flipped over. Vandals tagged two college buildings. Three other cop cars also suffered minor damage.
A SWAT team tear gassed the group and the mob left the area. The college believes the group was not made up entirely of evergreen students.
"The crowed for this event came from all over the entire region," said Jason Wettstein, Evergreen State College. "The original person who started the fight wasn't even an Evergreen student."
One student said the rap act Dead Prez did not encourage the crowd.
The one police cruiser is a complete loss. It was also looted. A police laptop and radar gun were missing, but no one was seriously injured and no weapons were taken.
Thursday, February 14, 2008
Recent Washington Court Decisions
State v. Lilyblad: The Washington Supreme Court held that under RCW 9.61.230, the telephone harassment statute, an intent to harass must be formed prior to the initiation of the telephone call for a guilty finding to ensue. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/791147.opn.pdf
State v. Quinliven: The Division Three Court of Appeals affirmed that a vehicle may not be searched pursuant to the search incident to arrest exception to the warrant requirement when the suspect has, prior to the arrest, exited his vehicle and locked the car. Immediately after the stop in this case, Mr. Quinliven exited his vehicle, locked it, and sat on the curb, refusing to give the deputy the keys to the vehicle. His subsequent conviction for possession of methamphetamine was overturned when the court found that this action barred Mr. Quinliven from having access to the passenger compartment of his vehicle and negated the need for a search of the truck incident to arrest. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/257967.opn.doc.pdf
State v. Dow: The Division Two Court of Appeals upheld, albeit with some reservations, the constitutionality of RCW 10.58.035, allowing a defendant's trustworthy statement to be admitted as substantive evidence when the alleged victim of a crime has died or is incompetent to testify at trial. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/34802-1.08.doc.pdf
State v. Bello/Lopez: The Division One Court of Appeals upheld a search incident to arrest of a CD case within a vehicle that had been in the immediate reach of the passenger prior to his arrest when the driver made no assertion that the case belonged to him, not the passenger, prior to the search. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/58463-4.pub.doc.pdf
State v. Quinliven: The Division Three Court of Appeals affirmed that a vehicle may not be searched pursuant to the search incident to arrest exception to the warrant requirement when the suspect has, prior to the arrest, exited his vehicle and locked the car. Immediately after the stop in this case, Mr. Quinliven exited his vehicle, locked it, and sat on the curb, refusing to give the deputy the keys to the vehicle. His subsequent conviction for possession of methamphetamine was overturned when the court found that this action barred Mr. Quinliven from having access to the passenger compartment of his vehicle and negated the need for a search of the truck incident to arrest. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/257967.opn.doc.pdf
State v. Dow: The Division Two Court of Appeals upheld, albeit with some reservations, the constitutionality of RCW 10.58.035, allowing a defendant's trustworthy statement to be admitted as substantive evidence when the alleged victim of a crime has died or is incompetent to testify at trial. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/34802-1.08.doc.pdf
State v. Bello/Lopez: The Division One Court of Appeals upheld a search incident to arrest of a CD case within a vehicle that had been in the immediate reach of the passenger prior to his arrest when the driver made no assertion that the case belonged to him, not the passenger, prior to the search. The decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/58463-4.pub.doc.pdf
Wednesday, February 13, 2008
Man sent to detox after showing up drunk at DUI hearing
By Peyton Whitely
Seattle Times Eastside bureau
A Woodinville man who went to court in Redmond to face a drunken-driving charge Monday showed up drunk at the hearing and ended up at a detox center instead.
King County District Court Judge Linda Jacke ordered Joseph T. Longfellow, 35, to take an alcohol breath test after his attorney informed her that Longfellow appeared to be intoxicated.
Longfellow recorded a 0.32 in a portable breath test at the courthouse — four times the state level for intoxication of 0.08, court filings note.
Jacke ordered Longfellow taken into custody, but jail guards refused to accept him after paramedics said he needed to be taken to a detox center to prevent possible alcohol poisoning.
The hearing was continued to Feb. 27 at the East Division of King County District Court in Redmond.
Longfellow was arrested Dec. 2 on Highway 202 near Sahalee Way east of Redmond after being involved in an accident in a construction zone, said Trooper Jeff Merrill, Washington State Patrol public-information officer.
He refused to submit to a Breathalyzer test, was charged with driving under the influence on Dec. 5, and pleaded not guilty.
Longfellow had pleaded guilty to another DUI case in Cascade District Court in Arlington, Snohomish County, in April 2003 and was sentenced to probation and a $1,915 fine. A check to pay the fine bounced in November 2003 and five years of court maneuvers followed.
Longfellow was supposed to appear in Cascade District Court in connection with that case on Tuesday, but he failed to show up and a $5,040 bench warrant was issued for his arrest.
Longfellow's attorney, Gregory Fullington, says his client was taken to Harborview Medical Center on Monday and has since been discharged.
"He's getting into treatment," he said. "He knows he has a drinking problem."
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Seattle Times Eastside bureau
A Woodinville man who went to court in Redmond to face a drunken-driving charge Monday showed up drunk at the hearing and ended up at a detox center instead.
King County District Court Judge Linda Jacke ordered Joseph T. Longfellow, 35, to take an alcohol breath test after his attorney informed her that Longfellow appeared to be intoxicated.
Longfellow recorded a 0.32 in a portable breath test at the courthouse — four times the state level for intoxication of 0.08, court filings note.
Jacke ordered Longfellow taken into custody, but jail guards refused to accept him after paramedics said he needed to be taken to a detox center to prevent possible alcohol poisoning.
The hearing was continued to Feb. 27 at the East Division of King County District Court in Redmond.
Longfellow was arrested Dec. 2 on Highway 202 near Sahalee Way east of Redmond after being involved in an accident in a construction zone, said Trooper Jeff Merrill, Washington State Patrol public-information officer.
He refused to submit to a Breathalyzer test, was charged with driving under the influence on Dec. 5, and pleaded not guilty.
Longfellow had pleaded guilty to another DUI case in Cascade District Court in Arlington, Snohomish County, in April 2003 and was sentenced to probation and a $1,915 fine. A check to pay the fine bounced in November 2003 and five years of court maneuvers followed.
Longfellow was supposed to appear in Cascade District Court in connection with that case on Tuesday, but he failed to show up and a $5,040 bench warrant was issued for his arrest.
Longfellow's attorney, Gregory Fullington, says his client was taken to Harborview Medical Center on Monday and has since been discharged.
"He's getting into treatment," he said. "He knows he has a drinking problem."
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Monday, February 11, 2008
WA bill requires yellow license plate for DUI drivers
By BERNARD CHOI / KING 5 News
SEATTLE – Drunk drivers in Washington state could soon have their own Scarlet Letter in the form of a fluorescent yellow license plate.
More than year after a drunk driver killed her niece, Jeri Mallory is still haunted by the memories.
"The thing I remember most was I don't remember when I told her I love you last and that just broke my heart," said Mallory.
She says what's worse is that drunk drivers keep getting behind the wheel.
"It's just unconscionable to me that they would do that," said Mallory.
Republican state senator Mike Carrell wants to target the conscience of would-be drunk drivers. He is sponsoring a bill that would require a person convicted of DUI to drive a vehicle with front and rear fluorescent yellow license plates.
Ohio started requiring the same thing four years ago.
"I believe shame will keep people from doing it. Looking at somebody who is driving around with a fluorescent yellow license plate should be a good reason for others to decide 'I don't want to have my neighbors knowing that I'm a drunk,'" said Carrell.
Under the proposal, if you're a convicted DUI offender and you're caught driving without the special license plate, you could be slapped with a misdemeanor.
But Mothers Against Drunk Driving says it's not in favor of the idea because there's no scientific data showing the special plates reduce drunk driving. Plus, innocent family members would have to ride in the car would bare the shame.
"I think sometimes shaming people is not the right thing to do," said Mallory.
Still, at Monday's senate committee hearing, Sen. Carrell said sometimes a little shame goes a long way.
"Giving the public knowledge of who might be out on the roads with them that might be potentially dangerous is a benefit to the public," said Carrell.
If the bill passes, DUI drivers would have to drive with the special plates for one year. There would be an exemption when driving work vehicles.
It would go effect January 1, 2009.
SEATTLE – Drunk drivers in Washington state could soon have their own Scarlet Letter in the form of a fluorescent yellow license plate.
More than year after a drunk driver killed her niece, Jeri Mallory is still haunted by the memories.
"The thing I remember most was I don't remember when I told her I love you last and that just broke my heart," said Mallory.
She says what's worse is that drunk drivers keep getting behind the wheel.
"It's just unconscionable to me that they would do that," said Mallory.
Republican state senator Mike Carrell wants to target the conscience of would-be drunk drivers. He is sponsoring a bill that would require a person convicted of DUI to drive a vehicle with front and rear fluorescent yellow license plates.
Ohio started requiring the same thing four years ago.
"I believe shame will keep people from doing it. Looking at somebody who is driving around with a fluorescent yellow license plate should be a good reason for others to decide 'I don't want to have my neighbors knowing that I'm a drunk,'" said Carrell.
Under the proposal, if you're a convicted DUI offender and you're caught driving without the special license plate, you could be slapped with a misdemeanor.
But Mothers Against Drunk Driving says it's not in favor of the idea because there's no scientific data showing the special plates reduce drunk driving. Plus, innocent family members would have to ride in the car would bare the shame.
"I think sometimes shaming people is not the right thing to do," said Mallory.
Still, at Monday's senate committee hearing, Sen. Carrell said sometimes a little shame goes a long way.
"Giving the public knowledge of who might be out on the roads with them that might be potentially dangerous is a benefit to the public," said Carrell.
If the bill passes, DUI drivers would have to drive with the special plates for one year. There would be an exemption when driving work vehicles.
It would go effect January 1, 2009.
Jury chosen in UW arson case
P-I STAFF
A jury was chosen Monday in U.S. District Court in Tacoma in the case of Briana Waters, a 32-year-old mother and violin teacher accused of acting as a lookout in the May 2001 firebombing of the UW Center for Urban Horticulture.
A cell of the Earth Liberation Front/Animal Liberation Front -- characterized as ecoterrorists by the government -- conducted the bombing, under the mistaken belief that the center contained genetically modified trees.
If found guilty of using a destructive device in the arson and other felony charges, Waters -- who has no criminal history -- faces a mandatory minimum sentence of 35 years in federal prison. Opening arguments are expected Tuesday morning.
A jury was chosen Monday in U.S. District Court in Tacoma in the case of Briana Waters, a 32-year-old mother and violin teacher accused of acting as a lookout in the May 2001 firebombing of the UW Center for Urban Horticulture.
A cell of the Earth Liberation Front/Animal Liberation Front -- characterized as ecoterrorists by the government -- conducted the bombing, under the mistaken belief that the center contained genetically modified trees.
If found guilty of using a destructive device in the arson and other felony charges, Waters -- who has no criminal history -- faces a mandatory minimum sentence of 35 years in federal prison. Opening arguments are expected Tuesday morning.
Wednesday, February 6, 2008
Trooper busts YouTube 'drifters' in Bellevue
By TRAVIS PITTMAN / KING5.com
BELLEVUE, Wash. – Police frown upon someone driving recklessly. They tend to get a little more upset when someone does it to show off on camera.
Imagine the reaction of a trooper when it happened right next door to a Washington State Patrol office in Bellevue.
The state patrol says two men who work at a local auto dealership decided to take a late model Infiniti G35 from the dealership Sunday and do a stunt known as "drifting" in a vacant parking lot. At the same time, the men were videotaping the stunt driving to post on YouTube. Troopers say a 21-year-old North Bend man was driving and 21-year-old Bothell man, who was a passenger, also shot some video from the curb.
Their antics caught the attention of a trooper who was pulling into the WSP office next door. The trooper arrested the driver for reckless driving then spotted a video camera on the floorboard of the car which had captured the entire incident.
It turns out, the Infiniti had just been handed over to the car dealership on a trade in. Both men were fired.
The driver was booked on felony malicious mischief and reckless driving charges. The other man was booked on a felony malicious mischief charge.
Drifting, which started in Japan about 10 years ago, is basically trying to get your car to go sideways down a road. It was a key part of the 2006 film "The Fast and the Furious: Tokyo Drift."
BELLEVUE, Wash. – Police frown upon someone driving recklessly. They tend to get a little more upset when someone does it to show off on camera.
Imagine the reaction of a trooper when it happened right next door to a Washington State Patrol office in Bellevue.
The state patrol says two men who work at a local auto dealership decided to take a late model Infiniti G35 from the dealership Sunday and do a stunt known as "drifting" in a vacant parking lot. At the same time, the men were videotaping the stunt driving to post on YouTube. Troopers say a 21-year-old North Bend man was driving and 21-year-old Bothell man, who was a passenger, also shot some video from the curb.
Their antics caught the attention of a trooper who was pulling into the WSP office next door. The trooper arrested the driver for reckless driving then spotted a video camera on the floorboard of the car which had captured the entire incident.
It turns out, the Infiniti had just been handed over to the car dealership on a trade in. Both men were fired.
The driver was booked on felony malicious mischief and reckless driving charges. The other man was booked on a felony malicious mischief charge.
Drifting, which started in Japan about 10 years ago, is basically trying to get your car to go sideways down a road. It was a key part of the 2006 film "The Fast and the Furious: Tokyo Drift."
Sunday, February 3, 2008
Thursday, January 31, 2008
A look at 'force' incidents in which cops weren't disciplined
By ERIC NALDER
P-I INVESTIGATIVE REPORTER
Most police officers accused of using excessive force by citizens are either exonerated because their actions were lawful or the charges are ruled unfounded, meaning the event never happened. If the evidence is inconclusive, the finding is not sustained. If the department feels there was wrongdoing, the finding is sustained, which means misconduct occurred. If policy violations are deemed not willful, or if errors do not rise to the level of misconduct, then the officer is given retraining under a nondisciplinary category called supervisory intervention.
Here are cases in which supervisory intervention was ordered:
# An officer Tased an apparent bystander "before assessing the situation," admitting later she wanted to avoid having to chase the man and leave "other people" at the scene of a disturbance. She also claimed she didn't feel she had to file the normal use-of-force report because "the only force used was to protect the complainant from hurting himself."
# A witness complained an officer Tased a man too long. The witness said her wrist was bent back and she was arrested when she tried to intervene.
# An uninvolved couple told investigators that an officer slammed a skateboarder against a light pole downtown. The investigators rejected the officer's claim that when he confronted the young man over jaywalking he had taken a "bladed stance" with his legs apart and at an angle, and that he held his skateboard across his body, indicating aggression. "For the record, the 'bladed stance' argument is overworked and is not necessarily an indicator of preparation to attack offensively," investigators wrote. Though they didn't buy the officer's claims, the department rejected a recommendation that he be disciplined, and he got supervisory intervention.
# Two officers were parked side by side in their patrol cars when one sarcastically broadcast to a curious passer-by over his loudspeaker, "Haven't you ever seen a police car before?" The exchange ended with the citizen, who taunted the officers, bent over the hood of the car and searched for weapons before being released. Supervisory intervention was imposed on one of the officers who used profanity.
# A woman complained that she was forcefully escorted to a patrol car for violating the dog scoop ordinance, bruising her arm in the process.
# A man complaining about a bad haircut was escorted out of the barbershop by an officer who twisted his arm. When the man reached for the cop's nametag, the officer bumped him and yelled at him, the man said. No supervisor was called to the scene, and the man had a right to have his 'bad haircut' remedied, the department concluded in ordering supervisory intervention.
P-I INVESTIGATIVE REPORTER
Most police officers accused of using excessive force by citizens are either exonerated because their actions were lawful or the charges are ruled unfounded, meaning the event never happened. If the evidence is inconclusive, the finding is not sustained. If the department feels there was wrongdoing, the finding is sustained, which means misconduct occurred. If policy violations are deemed not willful, or if errors do not rise to the level of misconduct, then the officer is given retraining under a nondisciplinary category called supervisory intervention.
Here are cases in which supervisory intervention was ordered:
# An officer Tased an apparent bystander "before assessing the situation," admitting later she wanted to avoid having to chase the man and leave "other people" at the scene of a disturbance. She also claimed she didn't feel she had to file the normal use-of-force report because "the only force used was to protect the complainant from hurting himself."
# A witness complained an officer Tased a man too long. The witness said her wrist was bent back and she was arrested when she tried to intervene.
# An uninvolved couple told investigators that an officer slammed a skateboarder against a light pole downtown. The investigators rejected the officer's claim that when he confronted the young man over jaywalking he had taken a "bladed stance" with his legs apart and at an angle, and that he held his skateboard across his body, indicating aggression. "For the record, the 'bladed stance' argument is overworked and is not necessarily an indicator of preparation to attack offensively," investigators wrote. Though they didn't buy the officer's claims, the department rejected a recommendation that he be disciplined, and he got supervisory intervention.
# Two officers were parked side by side in their patrol cars when one sarcastically broadcast to a curious passer-by over his loudspeaker, "Haven't you ever seen a police car before?" The exchange ended with the citizen, who taunted the officers, bent over the hood of the car and searched for weapons before being released. Supervisory intervention was imposed on one of the officers who used profanity.
# A woman complained that she was forcefully escorted to a patrol car for violating the dog scoop ordinance, bruising her arm in the process.
# A man complaining about a bad haircut was escorted out of the barbershop by an officer who twisted his arm. When the man reached for the cop's nametag, the officer bumped him and yelled at him, the man said. No supervisor was called to the scene, and the man had a right to have his 'bad haircut' remedied, the department concluded in ordering supervisory intervention.
Thursday, January 24, 2008
Outrage in the courtroom as Skyway shooter is freed
KING5.com staff
SEATTLE - The man who shot and killed three people and wounded three others in an infamous Skyway shootout is a free man tonight.
As part of a plea deal, Dimitri Sicorchuk, 24, was sentenced to 24 months in jail, a sentence he has already completed while awaiting trial.
That has some family members of victims outraged.
Moments after the sentencing, an angry mob approached the prosecutor.
"You should of tried harder," said Don Raz. "We have community members in our community who have been deported to Cambodia for crimes less heinous than this."
Prosecutors say Sicorchuk admits to opening fire during a scuffle at Skyway Bowl on June 20, 2006. One of his best friends was among the dead.
Sicorchuk and his lawyer argued that the shootings were done in self defense. But after two juries couldn't agree on whether he acted in self defense, a plea deal was reached.
The Sun family of West Seattle is outraged. Their loved one, 20-year-old Sophea, was killed in the shooting.
"It broke my heart because my son so young," said Savoeun Keo, Sophea's mother. "It's not fair."
SEATTLE - The man who shot and killed three people and wounded three others in an infamous Skyway shootout is a free man tonight.
As part of a plea deal, Dimitri Sicorchuk, 24, was sentenced to 24 months in jail, a sentence he has already completed while awaiting trial.
That has some family members of victims outraged.
Moments after the sentencing, an angry mob approached the prosecutor.
"You should of tried harder," said Don Raz. "We have community members in our community who have been deported to Cambodia for crimes less heinous than this."
Prosecutors say Sicorchuk admits to opening fire during a scuffle at Skyway Bowl on June 20, 2006. One of his best friends was among the dead.
Sicorchuk and his lawyer argued that the shootings were done in self defense. But after two juries couldn't agree on whether he acted in self defense, a plea deal was reached.
The Sun family of West Seattle is outraged. Their loved one, 20-year-old Sophea, was killed in the shooting.
"It broke my heart because my son so young," said Savoeun Keo, Sophea's mother. "It's not fair."
Wednesday, January 23, 2008
Man, 23, is charged with child rape in forced-prostitution case
P-I STAFF
A Seattle man who allegedly had sex with a 12-year-old girl he met downtown and forced her into prostitution was charged Tuesday in King County Superior Court with two counts of second-degree child rape and one count of promoting commercial sexual abuse of a minor.
Steven Leonard, 23, is being held in the King County Jail with bail set at $250,000.
A Seattle man who allegedly had sex with a 12-year-old girl he met downtown and forced her into prostitution was charged Tuesday in King County Superior Court with two counts of second-degree child rape and one count of promoting commercial sexual abuse of a minor.
Steven Leonard, 23, is being held in the King County Jail with bail set at $250,000.
Monday, January 21, 2008
Port Angeles man accused of Craigslist scam
By AKIKO FUJITA
KOMO-TV
Police have arrested a Port Angeles man for stealing thousands from users of the Web site Craigslist.org.
Investigators said the man used bad checks to buy diamond rings on the site, scamming a number of victims from Seattle to Everett.
It all began with one engagement ring. A Snoqualmie man posted an ad on Craigslist, asking for $5,400 for the ring.
Police say the Port Angeles man saw the posting as an opportunity to cash in.
"He portrayed himself as a jewelry broker from Elegance Jewelry Design and so the victim met with him (and) they looked at the ring through a jewelry glass," said Rebecca Munson with the Snoqualmie Police Department.
The two struck a deal at $5,200 and the suspect wrote the seller a business check. But that check turned out to be fake.
"He made it look like he knew what he was talking about," Munson said.
The victim e-mailed every Craigslist user with a posting for a ring for sale and warned them about the scam. He learned the suspect targeted two others.
"Then they had a contact from someone in Seattle who had set up a meeting with our suspect," said Munson.
That's when police jumped in. They set up a sting operation at a Starbucks coffee shop in Queen Anne, where the seller was to meet the suspect. When the man showed up, undercover officers arrested him.
The man was booked at the King County Jail for investigation of first degree theft, financial fraud, forgery and unlawful issuance of a bank check.
News of the latest Craigslist scam has users on high alert.
"I've used it for everything, it's just reliable," said Michael Mathias.
Mathias said he's using Craigslist to sell his grandmother's ring. He doesn't have a buyer yet, but knows what to do when that person comes calling.
"You take the money first, you always ask for cash," he said.
KOMO-TV
Police have arrested a Port Angeles man for stealing thousands from users of the Web site Craigslist.org.
Investigators said the man used bad checks to buy diamond rings on the site, scamming a number of victims from Seattle to Everett.
It all began with one engagement ring. A Snoqualmie man posted an ad on Craigslist, asking for $5,400 for the ring.
Police say the Port Angeles man saw the posting as an opportunity to cash in.
"He portrayed himself as a jewelry broker from Elegance Jewelry Design and so the victim met with him (and) they looked at the ring through a jewelry glass," said Rebecca Munson with the Snoqualmie Police Department.
The two struck a deal at $5,200 and the suspect wrote the seller a business check. But that check turned out to be fake.
"He made it look like he knew what he was talking about," Munson said.
The victim e-mailed every Craigslist user with a posting for a ring for sale and warned them about the scam. He learned the suspect targeted two others.
"Then they had a contact from someone in Seattle who had set up a meeting with our suspect," said Munson.
That's when police jumped in. They set up a sting operation at a Starbucks coffee shop in Queen Anne, where the seller was to meet the suspect. When the man showed up, undercover officers arrested him.
The man was booked at the King County Jail for investigation of first degree theft, financial fraud, forgery and unlawful issuance of a bank check.
News of the latest Craigslist scam has users on high alert.
"I've used it for everything, it's just reliable," said Michael Mathias.
Mathias said he's using Craigslist to sell his grandmother's ring. He doesn't have a buyer yet, but knows what to do when that person comes calling.
"You take the money first, you always ask for cash," he said.
Sunday, January 20, 2008
Routine arrest in Lynnwood area ends with car chase, shot fired
RAY LANE / KING 5 News
LYNNWOOD, Wash. - Snohomish County Sheriff's deputies were getting ready to arrest a man on outstanding felony warrants at an apartment in the Lynnwood area Saturday night when the man took off.
Police say as they were moving in, the 24-year old man, along with a 20-year old woman, jumped into a stolen SUV and drove off, leading deputies on a short car chase.
Before long, the couple drove themselves into a road block.
"The suspects ended up on a dead-end road. The male suspect, who was driving the stolen car, backed the car into a deputy's car. Another deputy at the scene got out of his patrol vehicle and a fired a shot," said Sgt. Jerry Strieck.
The Everett Police Dept. is handling the investigation involving Snohomish County deputies. They say only one shot was fired, and that was by one of the deputies.
Somehow, the bullet shattered the window of an unmarked deputy's car, which was responding to the call. It's not clear how that happened.
Police say the suspect did not fire a weapon.
Both the man and woman were arrested.
The male suspect faces the original charges on those warrants that were issued against him, plus new felony charges, including running from police, and ramming his vehicle into a police car.
The deputy, who has been with the Snohomish County Sheriff's Office for five years, is now on paid administrative leave, a routine procedure in this type of situation.
LYNNWOOD, Wash. - Snohomish County Sheriff's deputies were getting ready to arrest a man on outstanding felony warrants at an apartment in the Lynnwood area Saturday night when the man took off.
Police say as they were moving in, the 24-year old man, along with a 20-year old woman, jumped into a stolen SUV and drove off, leading deputies on a short car chase.
Before long, the couple drove themselves into a road block.
"The suspects ended up on a dead-end road. The male suspect, who was driving the stolen car, backed the car into a deputy's car. Another deputy at the scene got out of his patrol vehicle and a fired a shot," said Sgt. Jerry Strieck.
The Everett Police Dept. is handling the investigation involving Snohomish County deputies. They say only one shot was fired, and that was by one of the deputies.
Somehow, the bullet shattered the window of an unmarked deputy's car, which was responding to the call. It's not clear how that happened.
Police say the suspect did not fire a weapon.
Both the man and woman were arrested.
The male suspect faces the original charges on those warrants that were issued against him, plus new felony charges, including running from police, and ramming his vehicle into a police car.
The deputy, who has been with the Snohomish County Sheriff's Office for five years, is now on paid administrative leave, a routine procedure in this type of situation.
Monday, January 14, 2008
Ex-hotel manager surrenders to the FBI
$1.4 million in guest payments allegedly stolen
P-I STAFF
A former Tukwila hotel manager accused of stealing $1.4 million by diverting guest payments into his personal bank account turned himself in to the FBI on Monday.
Brian Fleet, 41, had been on the run for more than a year, federal authorities said.
Fleet used his position as general manager of the Residence Inn in Tukwila to defeat the hotel's computerized accounting system and steal checks submitted by month-to-month guests, according to court papers.
Assistant U.S. Attorney Norman Barbosa said he doesn't know why Fleet decided to turn himself in or what his life as a fugitive was like.
An FBI "wanted" poster said "Fleet is known to enjoy golf, gambling (and) attending professional sporting events."
According to court papers, Fleet began intercepting checks and depositing them in his own business account in 1999, continuing until April 2005.
Fleet, who made his first federal court appearance in Seattle on Monday, will remain in custody on four counts of wire fraud pending a detention hearing Friday.
If convicted, he faces up to 20 years in prison and a $250,000 fine.
P-I STAFF
A former Tukwila hotel manager accused of stealing $1.4 million by diverting guest payments into his personal bank account turned himself in to the FBI on Monday.
Brian Fleet, 41, had been on the run for more than a year, federal authorities said.
Fleet used his position as general manager of the Residence Inn in Tukwila to defeat the hotel's computerized accounting system and steal checks submitted by month-to-month guests, according to court papers.
Assistant U.S. Attorney Norman Barbosa said he doesn't know why Fleet decided to turn himself in or what his life as a fugitive was like.
An FBI "wanted" poster said "Fleet is known to enjoy golf, gambling (and) attending professional sporting events."
According to court papers, Fleet began intercepting checks and depositing them in his own business account in 1999, continuing until April 2005.
Fleet, who made his first federal court appearance in Seattle on Monday, will remain in custody on four counts of wire fraud pending a detention hearing Friday.
If convicted, he faces up to 20 years in prison and a $250,000 fine.
Sunday, January 6, 2008
Shots fired outside Seattle nightclub
P-I STAFF
Bullets tore into a downtown Seattle business early Sunday morning just feet away from throngs of club-goers.
Just after 1:30 a.m., police were called to the 1900 block of Fourth Avenue after witnesses reported hearing more than a dozen gunshots ring out. Officers were unable to find any victims of the shooting, but the bullets did shatter two large glass windows at an auto shop across the street from Toi Restaurant and Lounge.
Witnesses at the club told police that a man who'd been standing across the street may have been the intended target, according to police. The man did not appear to be injured in the shooting, but had left the scene before police arrived.
According to police reports, security at the nightspot reported seeing a silver Chevy Impala sedan leaving the scene about the time of the shooting. No arrests were made immediately after the incident.
Bullets tore into a downtown Seattle business early Sunday morning just feet away from throngs of club-goers.
Just after 1:30 a.m., police were called to the 1900 block of Fourth Avenue after witnesses reported hearing more than a dozen gunshots ring out. Officers were unable to find any victims of the shooting, but the bullets did shatter two large glass windows at an auto shop across the street from Toi Restaurant and Lounge.
Witnesses at the club told police that a man who'd been standing across the street may have been the intended target, according to police. The man did not appear to be injured in the shooting, but had left the scene before police arrived.
According to police reports, security at the nightspot reported seeing a silver Chevy Impala sedan leaving the scene about the time of the shooting. No arrests were made immediately after the incident.
Friday, January 4, 2008
Former Tacoma cop sentenced for child sex crimes
KING5.com Staff
TACOMA, Wash. – A retired Tacoma police officer was sentenced Friday to nearly 20 years in prison for a litany of child sex crimes.
Lee William Giles Jr., 61, received 19 years, 8 months after pleading guilty late last year to first- and second-degree child rape, first-degree child molestation and third-degree assault.
His girlfriend, Maureen Wear, pleaded guilty to the same charges. She will be sentenced at a later date.
From the very beginning, the allegations against Giles were stunning. Prosecutors say Giles repeatedly raped his own girlfriend's young son over a period of years, videotaped the crimes, and that Wear – the victim's own mother – was involved in the attacks.
Court papers indicated that other female family members were also victimized. It was Mounting, gut-wrenching evidence that would doom either defendant during a trial.
Giles faced 17 different counts altogether, but because of the plea deal, that was knocked down to four counts.
Since Giles was a police officer, he most likely will not serve his prison time in a Washington state prison, but rather be sent out of state.
TACOMA, Wash. – A retired Tacoma police officer was sentenced Friday to nearly 20 years in prison for a litany of child sex crimes.
Lee William Giles Jr., 61, received 19 years, 8 months after pleading guilty late last year to first- and second-degree child rape, first-degree child molestation and third-degree assault.
His girlfriend, Maureen Wear, pleaded guilty to the same charges. She will be sentenced at a later date.
From the very beginning, the allegations against Giles were stunning. Prosecutors say Giles repeatedly raped his own girlfriend's young son over a period of years, videotaped the crimes, and that Wear – the victim's own mother – was involved in the attacks.
Court papers indicated that other female family members were also victimized. It was Mounting, gut-wrenching evidence that would doom either defendant during a trial.
Giles faced 17 different counts altogether, but because of the plea deal, that was knocked down to four counts.
Since Giles was a police officer, he most likely will not serve his prison time in a Washington state prison, but rather be sent out of state.
Thursday, January 3, 2008
Poulsbo cop accused of abusing authority to meet wome
By CHRIS DANIELS / KING 5 News
POULSBO, Wash – A Poulsbo Police detective is out of a job following a lengthy investigation into his alleged misuse of his police authority, including efforts to meet women.
The detective resigned after an internal affairs investigation cited several specific instances of abuse.
KING 5 received the 61 page report after filing a public disclosure request into the activities of the detective.
The internal affairs investigation, which was launched in September, was conducted by the Bremerton Police Department. It determined the Poulsbo detective used his access to private police databases to gather information on people for his own personal gain.
Among the findings, the detective:
-- Abused law enforcement authority.
-- Violated harassment policies.
-- Made untruthful statements about his behavior.
The report claims the detective "improperly accessed law enforcement databases for other than official purposes." The report says sometimes, the detective accessed the databases from home "likely… out of curiosity and personal reasons."
The report doesn't explain why he did it, but it says the detective ran checks on a former waitress "he had shown romantic interest in," and that records showed that he "ran the name of a Bremerton Police officer" that "many would consider attractive."
The report does not say what the detective was using the information for, but that others within the Poulsbo Police Department had concerns that he was using his position to meet women and that "he was pursuing women in an unprofessional manner."
The report concludes "his actions nearly meet the elements of the crime of stalking."
The report also attacks the credibility of the detective and his statements about past cases and incidents.
He resigned December 11, 2007 after being confronted with the report.
New Poulsbo Police chief Dennis Swiney says the resignation was not forced and that he does not believe a crime occurred.
The Kitsap County Prosecutor's Office says it was unaware of the allegations until being contacted by KING 5 News.
POULSBO, Wash – A Poulsbo Police detective is out of a job following a lengthy investigation into his alleged misuse of his police authority, including efforts to meet women.
The detective resigned after an internal affairs investigation cited several specific instances of abuse.
KING 5 received the 61 page report after filing a public disclosure request into the activities of the detective.
The internal affairs investigation, which was launched in September, was conducted by the Bremerton Police Department. It determined the Poulsbo detective used his access to private police databases to gather information on people for his own personal gain.
Among the findings, the detective:
-- Abused law enforcement authority.
-- Violated harassment policies.
-- Made untruthful statements about his behavior.
The report claims the detective "improperly accessed law enforcement databases for other than official purposes." The report says sometimes, the detective accessed the databases from home "likely… out of curiosity and personal reasons."
The report doesn't explain why he did it, but it says the detective ran checks on a former waitress "he had shown romantic interest in," and that records showed that he "ran the name of a Bremerton Police officer" that "many would consider attractive."
The report does not say what the detective was using the information for, but that others within the Poulsbo Police Department had concerns that he was using his position to meet women and that "he was pursuing women in an unprofessional manner."
The report concludes "his actions nearly meet the elements of the crime of stalking."
The report also attacks the credibility of the detective and his statements about past cases and incidents.
He resigned December 11, 2007 after being confronted with the report.
New Poulsbo Police chief Dennis Swiney says the resignation was not forced and that he does not believe a crime occurred.
The Kitsap County Prosecutor's Office says it was unaware of the allegations until being contacted by KING 5 News.
Tuesday, January 1, 2008
Bank robber caught after dye pack explode
P-I STAFF
A suspected bank robber was arrested Monday after a dye pack placed with the money exploded on him as he was exiting the bank, Bellevue police reported.
The robbery was reported about 12:20 p.m. at a Washington Mutual at 106th Avenue Northeast and Northeast Eighth Street, Bellevue police reported.
The robber handed a note to the teller implying that he had a weapon. Police and the FBI were investigating.
A suspected bank robber was arrested Monday after a dye pack placed with the money exploded on him as he was exiting the bank, Bellevue police reported.
The robbery was reported about 12:20 p.m. at a Washington Mutual at 106th Avenue Northeast and Northeast Eighth Street, Bellevue police reported.
The robber handed a note to the teller implying that he had a weapon. Police and the FBI were investigating.
Police shoot at suspected drunk driver who tried to run down officer
P-I STAFF
BREMERTON -- Police shot at a suspected drunken driver Monday night after they say he tried to run down a police officer.
Police encountered the man around 7:40 p.m. when a 911 call reported a woman trying to jump out of his car. When police arrived at the scene, the woman jumped out and fled into nearby woods. An officer pursued her, and that's when the driver accelerated his car towards a second Bremerton police officer trying to stop him, police said.
That officer fired at the car and the driver jumped out and fled on foot.
Police later found the man and arrested him on charges of drunken driving and first degree assault.
BREMERTON -- Police shot at a suspected drunken driver Monday night after they say he tried to run down a police officer.
Police encountered the man around 7:40 p.m. when a 911 call reported a woman trying to jump out of his car. When police arrived at the scene, the woman jumped out and fled into nearby woods. An officer pursued her, and that's when the driver accelerated his car towards a second Bremerton police officer trying to stop him, police said.
That officer fired at the car and the driver jumped out and fled on foot.
Police later found the man and arrested him on charges of drunken driving and first degree assault.
Wednesday, December 26, 2007
Kent man who killed intruder had gun permit
Seattle Times staff
A Kent man who shot and killed an intruder inside his condominium Saturday had a concealed-weapons permit, police said.
The 28-year-old homeowner, whose name hasn't been released, shot the unidentified suspect when he returned home around 6 p.m. and saw the man inside, according to Kent police. Police spokesman Paul Petersen said the homeowner "legally possessed the weapon."
The deceased man, believed to be in his mid-20s, has been identified by the King County Medical Examiner's Office, but officials are still trying to reach his family, Petersen said.
Neighbors reported hearing between four to five gunshots, but there were no witnesses other than the homeowner and his girlfriend, Petersen said. After the man was shot, he ran through a broken sliding-glass door and died in the backyard. The glass door was broken before the confrontation, and it's possible that's how the man entered the locked home, Petersen said.
The man who was killed was dressed in black and wore a black hat. He was carrying a satchel-type bag that contained some stolen property from the couple's home, Petersen said.
A Kent man who shot and killed an intruder inside his condominium Saturday had a concealed-weapons permit, police said.
The 28-year-old homeowner, whose name hasn't been released, shot the unidentified suspect when he returned home around 6 p.m. and saw the man inside, according to Kent police. Police spokesman Paul Petersen said the homeowner "legally possessed the weapon."
The deceased man, believed to be in his mid-20s, has been identified by the King County Medical Examiner's Office, but officials are still trying to reach his family, Petersen said.
Neighbors reported hearing between four to five gunshots, but there were no witnesses other than the homeowner and his girlfriend, Petersen said. After the man was shot, he ran through a broken sliding-glass door and died in the backyard. The glass door was broken before the confrontation, and it's possible that's how the man entered the locked home, Petersen said.
The man who was killed was dressed in black and wore a black hat. He was carrying a satchel-type bag that contained some stolen property from the couple's home, Petersen said.
Monday, December 17, 2007
Cocaine traffic shifts to Pacific, Guard says
P-I STAFF AND NEWS SERVICES
ASTORIA, Ore. -- Coast Guard officials say the bulk of cocaine trafficking over the high seas appears to be shifting from the Caribbean to the Pacific Ocean.
The maritime law enforcement agency nabbed more than 355,000 pounds during the past year, worth an estimated $4.7 billion.
And a recent bust by the Astoria-based Coast Guard cutter Steadfast may have bumped the scales a bit higher.
Crew members seized a Costa Rican fishing vessel and retrieved more than 80 bales of cocaine during a two-month deployment still under way on the Eastern Pacific.
The ship's helicopter crew spotted an 85-foot-long boat Nov. 28, which was reportedly carrying suspicious-looking bags and reversed direction as soon as those aboard noticed the aircraft.
With the helicopter in pursuit, the vessel's crew allegedly began throwing bags and bales of drugs overboard as they sped away from the cutter.
Ultimately, seven people were taken from the vessel and kept aboard the Steadfast that night. Once daylight broke, the Coast Guard seized 81 bales and 49 bricks of cocaine, tipping 4,558 pounds on the scale and carrying an import value of $61 million, according to the agency.
ASTORIA, Ore. -- Coast Guard officials say the bulk of cocaine trafficking over the high seas appears to be shifting from the Caribbean to the Pacific Ocean.
The maritime law enforcement agency nabbed more than 355,000 pounds during the past year, worth an estimated $4.7 billion.
And a recent bust by the Astoria-based Coast Guard cutter Steadfast may have bumped the scales a bit higher.
Crew members seized a Costa Rican fishing vessel and retrieved more than 80 bales of cocaine during a two-month deployment still under way on the Eastern Pacific.
The ship's helicopter crew spotted an 85-foot-long boat Nov. 28, which was reportedly carrying suspicious-looking bags and reversed direction as soon as those aboard noticed the aircraft.
With the helicopter in pursuit, the vessel's crew allegedly began throwing bags and bales of drugs overboard as they sped away from the cutter.
Ultimately, seven people were taken from the vessel and kept aboard the Steadfast that night. Once daylight broke, the Coast Guard seized 81 bales and 49 bricks of cocaine, tipping 4,558 pounds on the scale and carrying an import value of $61 million, according to the agency.
Sunday, December 16, 2007
House Judiciary Leader Criticizes DEA’s Attacks On Medi-Pot Dispensaries
December 13, 2007 - Washington, DC, USA
Washington, DC: Efforts by the US Drug Enforcement Administration (DEA) urging landlords in California to evict tenants who legally dispense medical cannabis to state-authorized patients has drawn public criticism from US Congressman John Conyers (D-MI), Chairman of the House Judiciary Committee.
In a statement issued Friday by the 21-term Congressman, Conyers said: "I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."
In July, DEA administrators mailed letters to dozens of landlords in Los Angeles warning owners that they risk arrest, up to 20 years in prison, and the loss of their property if they continue renting to cannabis dispensaries. Since that time, similar letters have been sent to the landlords of other medicinal cannabis providers throughout the state, including several in San Francisco, leading to the closure of various high-profile dispensaries.
Last week the Arts District Healing Center, a Los Angeles-based medical cannabis provider, filed a federal lawsuit in US District Court claiming that the DEA extorted its landlord by sending a letter threatening imprisonment and property seizure.
House oversight hearings regarding the DEA’s actions are anticipated to take place early next year.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Dale Gieringer, California NORML Coordinator, at (415) 563-5858. A transcript of Representative Conyer’s remarks appear online at: http://judiciary.house.gov/newscenter.aspx?A=889.
Washington, DC: Efforts by the US Drug Enforcement Administration (DEA) urging landlords in California to evict tenants who legally dispense medical cannabis to state-authorized patients has drawn public criticism from US Congressman John Conyers (D-MI), Chairman of the House Judiciary Committee.
In a statement issued Friday by the 21-term Congressman, Conyers said: "I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."
In July, DEA administrators mailed letters to dozens of landlords in Los Angeles warning owners that they risk arrest, up to 20 years in prison, and the loss of their property if they continue renting to cannabis dispensaries. Since that time, similar letters have been sent to the landlords of other medicinal cannabis providers throughout the state, including several in San Francisco, leading to the closure of various high-profile dispensaries.
Last week the Arts District Healing Center, a Los Angeles-based medical cannabis provider, filed a federal lawsuit in US District Court claiming that the DEA extorted its landlord by sending a letter threatening imprisonment and property seizure.
House oversight hearings regarding the DEA’s actions are anticipated to take place early next year.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Dale Gieringer, California NORML Coordinator, at (415) 563-5858. A transcript of Representative Conyer’s remarks appear online at: http://judiciary.house.gov/newscenter.aspx?A=889.
Saturday, December 15, 2007
City of Garden Grove v. Sup. Ct. Orange County - Recent California Marijuana Case
Case Name: City of Garden Grove v. Sup. Ct. Orange County, District: 4 DCA ,
Division: 3 , Case #: G036250
Opinion Date: 11/28/2007 , DAR #: 17553
Case Holding:
Health and Safety Code section 11473.5, subdivision (a), permitting the return of controlled substances lawfully possessed by the defendant, is consistent with the Compassionate Use Act [CUA] (Health & Saf. Code, sec. 11362.5) and is not superseded or preempted by federal drug laws. Following a traffic stop by Garden Grove Police officers for failing to yield at a right light, Mr. Kha consented to a search of his car and a small amount of marijuana was seized from a cloth bag. Marijuana possession charges were subsequently dismissed by the prosecution when Mr. Kha provided a statement from his doctor authorizing the use of medical marijuana and the trial court then granted Mr. Kha¢s motion for return of the marijuana. The City of Garden Grove filed the instant petition for writ of mandate/prohibition, challenging the order. The court found the city had standing because constitutional concerns respecting the relationship between state and federal law were implicated and the city would not otherwise be able to obtain judicial review of the trial court¢s order. The court then ruled that for purposes of state law, Mr. Kha, by virtue of meeting the criteria of the CUA, was in legal possession of the marijuana. The City argued that the federal Controlled Substance Act [CSA], prohibiting marijuana possession, nevertheless, justified destruction of Mr. Kha¢s property legally held under the state law. But judicial enforcement of the CSA is precluded because possession of medical marijuana does not constitute an offense under both federal and state laws. (People v. Tilehkooh (2003) 113 Cal.App.4th 1433 [state courts have no authority to enforce federal statutes].) The court also rejected the claim that the supremacy clause [Article VI of the U.S. Constitution] allowed the court to find the federal drug laws preempted state law insofar as allowing return of medical marijuana to qualified users. There is an assumption against preemption and in enacting the CSA, Congress made it clear that it did not intend to preempt the states on the issue of drug regulation. (Gonzales v. Oregon (2006) 546 U.S. 243, 251.) Although the court found against preemption, it made it clear that the CUA does not exempt medical marijuana possession from federal prosecution. Finally, the court found that under the 14th Amendment of the U.S. Constitution, due process does not permit police to retain a person¢s legally possessed property and Mr. Kha¢s property was ordered returned to him. In light of the finding that federal law does not control in this case, the court did not reach the argument that destruction of Mr. Kha¢s marijuana would violate the Tenth Amendment which reserves residual powers of the federal government to the states.
Division: 3 , Case #: G036250
Opinion Date: 11/28/2007 , DAR #: 17553
Case Holding:
Health and Safety Code section 11473.5, subdivision (a), permitting the return of controlled substances lawfully possessed by the defendant, is consistent with the Compassionate Use Act [CUA] (Health & Saf. Code, sec. 11362.5) and is not superseded or preempted by federal drug laws. Following a traffic stop by Garden Grove Police officers for failing to yield at a right light, Mr. Kha consented to a search of his car and a small amount of marijuana was seized from a cloth bag. Marijuana possession charges were subsequently dismissed by the prosecution when Mr. Kha provided a statement from his doctor authorizing the use of medical marijuana and the trial court then granted Mr. Kha¢s motion for return of the marijuana. The City of Garden Grove filed the instant petition for writ of mandate/prohibition, challenging the order. The court found the city had standing because constitutional concerns respecting the relationship between state and federal law were implicated and the city would not otherwise be able to obtain judicial review of the trial court¢s order. The court then ruled that for purposes of state law, Mr. Kha, by virtue of meeting the criteria of the CUA, was in legal possession of the marijuana. The City argued that the federal Controlled Substance Act [CSA], prohibiting marijuana possession, nevertheless, justified destruction of Mr. Kha¢s property legally held under the state law. But judicial enforcement of the CSA is precluded because possession of medical marijuana does not constitute an offense under both federal and state laws. (People v. Tilehkooh (2003) 113 Cal.App.4th 1433 [state courts have no authority to enforce federal statutes].) The court also rejected the claim that the supremacy clause [Article VI of the U.S. Constitution] allowed the court to find the federal drug laws preempted state law insofar as allowing return of medical marijuana to qualified users. There is an assumption against preemption and in enacting the CSA, Congress made it clear that it did not intend to preempt the states on the issue of drug regulation. (Gonzales v. Oregon (2006) 546 U.S. 243, 251.) Although the court found against preemption, it made it clear that the CUA does not exempt medical marijuana possession from federal prosecution. Finally, the court found that under the 14th Amendment of the U.S. Constitution, due process does not permit police to retain a person¢s legally possessed property and Mr. Kha¢s property was ordered returned to him. In light of the finding that federal law does not control in this case, the court did not reach the argument that destruction of Mr. Kha¢s marijuana would violate the Tenth Amendment which reserves residual powers of the federal government to the states.
Wednesday, December 12, 2007
Woman pleads guilty to drunk-driving deaths
P-I STAFF
A 20-year-old Jefferson County woman pleaded guilty Tuesday to two counts of involuntary manslaughter in U.S. District Court in Tacoma.
Sela Kalama admitted that in the hours before crashing her car, she had numerous bottles of beer at a party on the Lower Elwha Klallam Indian Reservation, just outside Port Angeles, in Clallam County.
Under sentencing guidelines, Kalama could face up to 36 months in prison. Sentencing is set for March 7. Kalama lives in Queets, near the western edge of the Olympic National Park.
According to reports, Kalama had six teenage passengers in her car March 18 when she drove into the Elwha River at 3 a.m. Four of her passengers escaped, but two passengers, Vanna Francis, 16, and Ronnie Scroggins, 15, were not able to get out of the car and drowned.
Witnesses also said Kalama was texting on her cell phone when the accident happened. She sent one text message about 90 minutes before the car went in the water stating "I'm drunk."
The case was investigated by the FBI, the Clallam County Sheriff's Office and the Lower Elwha Tribal Police.
A 20-year-old Jefferson County woman pleaded guilty Tuesday to two counts of involuntary manslaughter in U.S. District Court in Tacoma.
Sela Kalama admitted that in the hours before crashing her car, she had numerous bottles of beer at a party on the Lower Elwha Klallam Indian Reservation, just outside Port Angeles, in Clallam County.
Under sentencing guidelines, Kalama could face up to 36 months in prison. Sentencing is set for March 7. Kalama lives in Queets, near the western edge of the Olympic National Park.
According to reports, Kalama had six teenage passengers in her car March 18 when she drove into the Elwha River at 3 a.m. Four of her passengers escaped, but two passengers, Vanna Francis, 16, and Ronnie Scroggins, 15, were not able to get out of the car and drowned.
Witnesses also said Kalama was texting on her cell phone when the accident happened. She sent one text message about 90 minutes before the car went in the water stating "I'm drunk."
The case was investigated by the FBI, the Clallam County Sheriff's Office and the Lower Elwha Tribal Police.
Monday, December 10, 2007
Judge's "shocking" words at meeting lead to censure
By Stephanie Rice
The (Vancouver, Wash.) Columbian
Clark County Superior Court Judge John Wulle has been censured for "demeaning, offensive and shocking" behavior at a training conference last year.
Wulle, 57, appeared before the state Commission on Judicial Conduct on Friday in SeaTac.
The judge and seven other people from Clark County, including a deputy prosecuting attorney, a juvenile probation officer and a defense attorney, attended "Planning Your Juvenile Drug Court," July 24 to 28, 2006, in Los Angeles.
According to a nine-page document posted on the commission's Web site, Wulle used profanity, made an obscene gesture in response to a request to lower his voice, and referred to Clark County's group facilitator as "the black gay guy" while at the Los Angeles event. Also, after the facilitator said, "Clark County gets a star" for finishing an assignment, Wulle said, "I don't need a star. I'm not a Jew."
Several witnesses said Wulle smelled of alcohol, according to the censure order.
"[Wulle] denies consuming alcohol at any time during the conference," the order reads. "He recalls suffering from a cold and taking cough syrup, and suggests the odor from the cough syrup may have been misconstrued as an odor of alcohol."
For sanctions, Wulle must take 10 hours of judicial-ethics courses and obtain a drug and alcohol evaluation. If a counselor recommends treatment, then the counselor must submit progress reports to the commission every six months.
Wulle must also take seven hours of racial, religious, sexual-orientation and diversity training.
A censure is the most severe disciplinary action the commission issues, short of asking the state Supreme Court to suspend or remove a judge. Wulle is the first Clark County Superior Court judge to be censured, and only the second local Superior Court judge to be disciplined.
In 1995 a judge was "admonished," the lowest form of discipline, for providing written testimony on behalf of a friend in a child-visitation case in another county. Judges are not supposed to give such opinions without a subpoena.
Wulle said Friday he will use the incident as a learning experience.
"It was never my intent to offend anyone, and I apologize to anyone who was offended," he said.
When Wulle first responded to the allegations in February, he denied impropriety. He wrote to the commission that he has learned "that I cannot step out of my role as a judge even when I'm 2,000 miles away."
But Wulle was sent to the conference in the first place because of his role, the commission noted.
"Because of the special position judges hold in society — as standard bearers of fairness and impartiality — a judge's conduct of personal behavior must, at all times, be above reproach," the commission wrote.
"[Wulle's] actions not only reflected poorly on himself, but also on his fellow team members, his court, Clark County and the state of Washington," the commission wrote. "[Wulle's] inappropriate behavior significantly undermined the team's respect for him. Witnesses at the conference variously described his actions as embarrassing, demeaning, offensive and shocking. Several team members discussed [Wulle's] problematic behavior with their colleagues and supervisors — further eroding public regard for him and the judiciary."
The commission said Wulle's conduct "appears to have been an aberration" and that witnesses do not think Wulle is racist, homophobic or anti-Semitic.
Wulle's reputation is "generally that of a thoughtful jurist," the commission wrote.
But the commission said it censured Wulle, as opposed to a less-severe sanction, partly because of his attitude.
Wulle has demonstrated a lack of personal insight, had never apologized and, when confronted by witnesses or other judges who heard about his behavior, has been "dismissive" of their concerns, the commission wrote.
Wulle, a former assistant attorney general, was appointed by Clark County commissioners to the District Court bench in 1997.
In 2000, he was elected to an open seat on the Superior Court bench. He will be up for re-election next year.
Clark County did start a juvenile drug court this year, but after presiding Superior Court Judge Robert Harris learned about Wulle's behavior at the conference he reassigned the project to Judge James Rulli.
Harris was out of town Friday, but Judge Barbara Johnson, the second-most senior member of the bench, said the censure order is taken seriously.
"We hope that the appropriate steps are taken to learn from it and move on," she said.
The (Vancouver, Wash.) Columbian
Clark County Superior Court Judge John Wulle has been censured for "demeaning, offensive and shocking" behavior at a training conference last year.
Wulle, 57, appeared before the state Commission on Judicial Conduct on Friday in SeaTac.
The judge and seven other people from Clark County, including a deputy prosecuting attorney, a juvenile probation officer and a defense attorney, attended "Planning Your Juvenile Drug Court," July 24 to 28, 2006, in Los Angeles.
According to a nine-page document posted on the commission's Web site, Wulle used profanity, made an obscene gesture in response to a request to lower his voice, and referred to Clark County's group facilitator as "the black gay guy" while at the Los Angeles event. Also, after the facilitator said, "Clark County gets a star" for finishing an assignment, Wulle said, "I don't need a star. I'm not a Jew."
Several witnesses said Wulle smelled of alcohol, according to the censure order.
"[Wulle] denies consuming alcohol at any time during the conference," the order reads. "He recalls suffering from a cold and taking cough syrup, and suggests the odor from the cough syrup may have been misconstrued as an odor of alcohol."
For sanctions, Wulle must take 10 hours of judicial-ethics courses and obtain a drug and alcohol evaluation. If a counselor recommends treatment, then the counselor must submit progress reports to the commission every six months.
Wulle must also take seven hours of racial, religious, sexual-orientation and diversity training.
A censure is the most severe disciplinary action the commission issues, short of asking the state Supreme Court to suspend or remove a judge. Wulle is the first Clark County Superior Court judge to be censured, and only the second local Superior Court judge to be disciplined.
In 1995 a judge was "admonished," the lowest form of discipline, for providing written testimony on behalf of a friend in a child-visitation case in another county. Judges are not supposed to give such opinions without a subpoena.
Wulle said Friday he will use the incident as a learning experience.
"It was never my intent to offend anyone, and I apologize to anyone who was offended," he said.
When Wulle first responded to the allegations in February, he denied impropriety. He wrote to the commission that he has learned "that I cannot step out of my role as a judge even when I'm 2,000 miles away."
But Wulle was sent to the conference in the first place because of his role, the commission noted.
"Because of the special position judges hold in society — as standard bearers of fairness and impartiality — a judge's conduct of personal behavior must, at all times, be above reproach," the commission wrote.
"[Wulle's] actions not only reflected poorly on himself, but also on his fellow team members, his court, Clark County and the state of Washington," the commission wrote. "[Wulle's] inappropriate behavior significantly undermined the team's respect for him. Witnesses at the conference variously described his actions as embarrassing, demeaning, offensive and shocking. Several team members discussed [Wulle's] problematic behavior with their colleagues and supervisors — further eroding public regard for him and the judiciary."
The commission said Wulle's conduct "appears to have been an aberration" and that witnesses do not think Wulle is racist, homophobic or anti-Semitic.
Wulle's reputation is "generally that of a thoughtful jurist," the commission wrote.
But the commission said it censured Wulle, as opposed to a less-severe sanction, partly because of his attitude.
Wulle has demonstrated a lack of personal insight, had never apologized and, when confronted by witnesses or other judges who heard about his behavior, has been "dismissive" of their concerns, the commission wrote.
Wulle, a former assistant attorney general, was appointed by Clark County commissioners to the District Court bench in 1997.
In 2000, he was elected to an open seat on the Superior Court bench. He will be up for re-election next year.
Clark County did start a juvenile drug court this year, but after presiding Superior Court Judge Robert Harris learned about Wulle's behavior at the conference he reassigned the project to Judge James Rulli.
Harris was out of town Friday, but Judge Barbara Johnson, the second-most senior member of the bench, said the censure order is taken seriously.
"We hope that the appropriate steps are taken to learn from it and move on," she said.
Justices: Judges can slash crack sentences
From Bill Mears
CNN Washington Bureau
WASHINGTON (CNN) -- The U.S. Supreme Court ruled Monday that federal judges have the discretion to give "reasonably" shorter prison terms for crack-cocaine crimes to reduce the disparity with crimes involving cocaine powder.
The 7-2 ruling represents a victory for lawyers who argued that crack-cocaine offenders were unfairly targeted under U.S. sentencing guidelines.
Current federal penalties for selling 5 grams of crack cocaine can warrant the same prison sentence as dealing 500 grams of the powdered variety.
The Supreme Court case centered around Derrick Kimbrough of Norfolk, Virginia, who according to court records, pleaded guilty to distributing more than 50 grams of crack cocaine. Federal sentencing guidelines called for 19 to 22.5 years behind bars. But Judge Raymond Jackson instead gave the defendant a 15-year sentence, calling the case "another example of how crack-cocaine guidelines are driving the offense level to a point higher than is necessary to do justice."
A federal appeals court overturned the case and sent it to a higher court, saying Jackson's discretion was "unreasonable when it is based on a disagreement with the sentencing disparity for crack and powder cocaine offenses."
Said Kimbrough's attorney, Michael Nachmanoff in October, "A sentence of 19 years for a man with no felony convictions who served his country honorably, who had never spent a night in jail ... that was ridiculous."
Kimbrough is a veteran of the 1991 Persian Gulf War and is African-American.
African-Americans were nearly 82 percent of defendants sentenced in federal court for dealing crack, but only 27 percent of those sentenced for dealing powder cocaine, according to 2006 federal statistics. Each year, federal courts handle about 11,000 cocaine sentences, which are roughly evenly divided between crack and cocaine cases.
The issue long has been a source of contention between government prosecutors and civil rights advocates, who argue crack dealers are often targeted for longer prison terms because that drug is prevalent in urban and minority communities, while the powdered version is more commonly associated with higher-income users.
Writing for the majority, Justice Ruth Bader Ginsburg took a practical approach, saying it is important to preserve judicial discretion, while ensuring most sentences remain within federal guidelines established two decades ago to ensure a measure of uniformity.
Ginsburg said a federal judge was right to give a crack offender a lesser prison term than the guidelines called for, since federal law "mandates only maximum and minimum sentences," she wrote. "It says nothing about appropriate sentences within those statutory guidelines."
Ginsburg noted the trial judge "honed in on the particular circumstances of Kimbrough's case and accorded weight to" reports by the U.S. Sentencing Commission that show "the crack/powder disparity yields unjustifiably harsh sentences for crack offenders."
Justices Clarence Thomas and Samuel Alito dissented in the Kimbrough case. Thomas said it will now be up to courts "to assume the legislative role of devising a new sentencing scheme," something Congress never intended.
The government had no immediate reaction to the high court's ruling.
The U.S. Sentencing Commission -- an independent federal agency that advises all three branches of government on sentences -- recently cut the gap in recommended prison time for crack-cocaine offenses. The guidelines took effect November 1 after Congress decided not to overturn the changes.
The commission is scheduled to vote Tuesday on whether to make those guidelines retroactive for prisoners convicted in the past of crack dealing.
Almost 20,000 inmates could be eligible for shorter sentences under the proposed changes.
Congress recently has introduced at least four bills that would reduce the current disparity in cocaine sentences. One widely circulated proposal led by Sens. Orrin Hatch, R-Utah, and Edward Kennedy, D-Massachusetts, would revise the cocaine ratio downward to 20-to-1. That ratio is also supported by the Sentencing Commission.
Harsher sentences for crack offenses came after a social epidemic of crack cocaine began destroying many urban areas in the 1980s.
"The crack-cocaine guidelines were put in place because crack was fueling crime waves across the country, in particular with respect to street violence," said Kendall Coffey, a former U.S. attorney in Miami who comments on legal matters for CNN. "And it is clear that crack cocaine and white powder cocaine had a very different impact in terms of not only the lives of the users but the impact on the community."
The case is Kimbrough v. U.S. (06-6330)
CNN Washington Bureau
WASHINGTON (CNN) -- The U.S. Supreme Court ruled Monday that federal judges have the discretion to give "reasonably" shorter prison terms for crack-cocaine crimes to reduce the disparity with crimes involving cocaine powder.
The 7-2 ruling represents a victory for lawyers who argued that crack-cocaine offenders were unfairly targeted under U.S. sentencing guidelines.
Current federal penalties for selling 5 grams of crack cocaine can warrant the same prison sentence as dealing 500 grams of the powdered variety.
The Supreme Court case centered around Derrick Kimbrough of Norfolk, Virginia, who according to court records, pleaded guilty to distributing more than 50 grams of crack cocaine. Federal sentencing guidelines called for 19 to 22.5 years behind bars. But Judge Raymond Jackson instead gave the defendant a 15-year sentence, calling the case "another example of how crack-cocaine guidelines are driving the offense level to a point higher than is necessary to do justice."
A federal appeals court overturned the case and sent it to a higher court, saying Jackson's discretion was "unreasonable when it is based on a disagreement with the sentencing disparity for crack and powder cocaine offenses."
Said Kimbrough's attorney, Michael Nachmanoff in October, "A sentence of 19 years for a man with no felony convictions who served his country honorably, who had never spent a night in jail ... that was ridiculous."
Kimbrough is a veteran of the 1991 Persian Gulf War and is African-American.
African-Americans were nearly 82 percent of defendants sentenced in federal court for dealing crack, but only 27 percent of those sentenced for dealing powder cocaine, according to 2006 federal statistics. Each year, federal courts handle about 11,000 cocaine sentences, which are roughly evenly divided between crack and cocaine cases.
The issue long has been a source of contention between government prosecutors and civil rights advocates, who argue crack dealers are often targeted for longer prison terms because that drug is prevalent in urban and minority communities, while the powdered version is more commonly associated with higher-income users.
Writing for the majority, Justice Ruth Bader Ginsburg took a practical approach, saying it is important to preserve judicial discretion, while ensuring most sentences remain within federal guidelines established two decades ago to ensure a measure of uniformity.
Ginsburg said a federal judge was right to give a crack offender a lesser prison term than the guidelines called for, since federal law "mandates only maximum and minimum sentences," she wrote. "It says nothing about appropriate sentences within those statutory guidelines."
Ginsburg noted the trial judge "honed in on the particular circumstances of Kimbrough's case and accorded weight to" reports by the U.S. Sentencing Commission that show "the crack/powder disparity yields unjustifiably harsh sentences for crack offenders."
Justices Clarence Thomas and Samuel Alito dissented in the Kimbrough case. Thomas said it will now be up to courts "to assume the legislative role of devising a new sentencing scheme," something Congress never intended.
The government had no immediate reaction to the high court's ruling.
The U.S. Sentencing Commission -- an independent federal agency that advises all three branches of government on sentences -- recently cut the gap in recommended prison time for crack-cocaine offenses. The guidelines took effect November 1 after Congress decided not to overturn the changes.
The commission is scheduled to vote Tuesday on whether to make those guidelines retroactive for prisoners convicted in the past of crack dealing.
Almost 20,000 inmates could be eligible for shorter sentences under the proposed changes.
Congress recently has introduced at least four bills that would reduce the current disparity in cocaine sentences. One widely circulated proposal led by Sens. Orrin Hatch, R-Utah, and Edward Kennedy, D-Massachusetts, would revise the cocaine ratio downward to 20-to-1. That ratio is also supported by the Sentencing Commission.
Harsher sentences for crack offenses came after a social epidemic of crack cocaine began destroying many urban areas in the 1980s.
"The crack-cocaine guidelines were put in place because crack was fueling crime waves across the country, in particular with respect to street violence," said Kendall Coffey, a former U.S. attorney in Miami who comments on legal matters for CNN. "And it is clear that crack cocaine and white powder cocaine had a very different impact in terms of not only the lives of the users but the impact on the community."
The case is Kimbrough v. U.S. (06-6330)
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