According to court documents, the incident occurred earlier this month when the 21-year-old defendant encountered the 22-year-old witness in the parking lot of a Washington convenience store. He accused the witness of being a "snitch" by testifying in the case against the alleged pimp, and threatened her. The witness became afraid and got into her car to drive away. When her vehicle accidentally collided with the defendant's, however, he reportedly became angry.
]]> The defendant allegedly rushed the witness' vehicle, punched out the driver's side window and opened the door, grabbed the witness by the hair and began punching and kicking her. A passenger in the witness' car was able to put the vehicle in reverse and back the car away quickly, allowing the witness to get out of the defendant's reach. The incident was reportedly captured on video by a nearby surveillance camera.A few days after the alleged incident, the defendant was arrested and charged with second-degree assault and intimidating a witness.
Following the incident, the witness reportedly considered not testifying against the alleged pimp "as a result of this incident and for fear of further reprisal." The man in that trial is facing charges of robbery, kidnapping, promoting prostitution and promoting the commercial sexual abuse of a minor. The witness did ultimately decide to testify, court records indicate.
Source: The Seattle Times, "Man charged with beating, intimidating witness in pimp trial," Sara Jean Green, Feb. 16, 2012
]]>According to police reports, the arrest occurred late on Sunday night when officers were summoned to an apartment building on a domestic violence call. Upon arrival, police diffused the situation and arrested 21-year-old Marston Hefner. He was taken to the local jail, where he remained overnight in lieu of bail.
]]> There were no major injuries in the case, and Hefner was arrested without incident. He was released the next morning and now awaits his first court appearance in the case.Entertainment news websites report that the incident took place at the apartment shared by Hefner and his girlfriend, who was reportedly seen moving out of the building the following day. Neither Hefner nor anyone associated with Playboy has made a statement in regard to the incident.
The following afternoon, Hefner's girlfriend appeared at the police department seeking a five- to seven-day emergency restraining order against Hefner. According to a local police spokesman, such orders are usually granted in emergency situations, regardless of the circumstances. The girlfriend now reportedly has about a week to obtain a formal court order, which would require Hefner to remain a certain number of feet away from her and forbid Hefner from coming to her home.
The alleged victim is a 20-year-old Playboy model who first appeared in the magazine as the "Playmate of the Month" in October 2010. She was then made the Playmate of the Year for 2011. She and Hefner have reportedly been dating on-and-off since 2010.
Source: Pasadena Star-News, "Playmate of the Year seeks restraining order against Hefner's son," Frank C. Girardot, Feb. 13, 2012
]]>Recently, a federal court in one of the states with such a law upheld the requirement. The court majority found that preemptively collecting DNA could help solve additional crimes, and that using DNA to see if suspects have committed other crimes is part of the government's interest in their identity. Further, the court reasoned, there is no indication that the government would be able to use their full DNA profile, so the potential violation of their rights would likely be small.
]]> Other courts have reasoned that committing a crime reduces defendants' expectations of privacy. However, as those people have not yet been found guilty of any crimes, this reasoning seems inconsistent, at best.According to Doug Klunder with the American Civil Liberties Union of Washington, taking DNA from suspects before they have been convicted of a crime would be an unprecedented intrusion on their rights. "It's collecting really sensitive information about an individual without there being reason to suspect that person of a crime," he said.
In addition, Klunder says, the logic in favor of such invasive searches is flawed. "There are many ways that law enforcement could collect information that would help solve crimes," he said. They could rifle through my house every day and maybe they'll find it, but we don't allow that without a warrant. Certainly going into my body is as intrusive as going into my house."
Source: Seattle Post-Intelligencer, "Wash. considers collecting DNA upon arrest," Gene Johnson, Feb. 5, 2012
]]>Now, law enforcement and court officials in Washington want to join the ranks of those states that require people to give DNA samples as soon as they are arrested for a felony offense or for violating a domestic violence protection order. Under the proposition, a judge would only have to find that the arrest was supported by probable cause before the Washington State Patrol crime lab could take the DNA and enter it into a nationwide database.
]]> If prosecutors later decided not to charge the suspect with a crime or if the defendant was ultimately exonerated, he or she could petition the court to force the crime lab to destroy their sample and remove their profile. The lab would have to do so, but it could first run a check on the DNA profile to see if the defendant had been connected with any other crimes in the interim.As could be expected, this proposition has created a great deal of debate on both sides of the issue. We will examine those opposing viewpoints in a second blog post later this week.
Source: Seattle Post-Intelligencer, "Wash. considers collecting DNA upon arrest," Gene Johnson, Feb. 5, 2012
]]>The "Target Zero" campaign was run by police in King, Pierce and Snohomish counties. According to county officials, there were just four drunk driving arrests on Super Bowl Sunday. This was one of the lowest arrest rates in comparison to other recent increased DUI patrols. These contributed to the 47 drunk driving arrests that took place statewide on Sunday.
]]> One of the four arrests made in the three counties occurred in Snohomish County. Just after midnight on Sunday, a 29-year-old man allegedly drove off the road and crashed into a Snohomish County Public Works trailer. The vehicles were both severely damaged, but no one was injured in the accident. The driver was arrested on suspicion of drunk driving.According to Tracy McMillan, the DUI and Target Zero Manager of Snohomish County, the county will continue to aggressively target alleged drunk drivers during both special events and every day. "Four arrests is still too many," she said. "In 2010, there were 32 people killed on roadways in Snohomish County, with 19 of those deaths involving an impaired driver."
If you have been arrested for drunk driving, it is important that you are aware of your rights in order to defend yourself against DUI laws that seem to get tougher every year.
Source: Lake Stevens Journal, "DUI promotions help limit Super Bowl arrests," Feb. 9, 2012
]]>Recently, former Mississippi Governor Haley Barbour made news with the announcement that he planned to pardon nearly 200 criminal offenders, most of whom had already been released from prison. One of the offenders made more headlines than the rest when it was learned that he had been involved in a fatal drunk driving accident just prior to being granted a pardon. In fact, the governor didn't even know about the most recent DUI when he approved the man's application for pardon.
]]> Prior to the accident, the man had been sentenced for felony DUI three times, most recently in May of 2010. At that time, he received a sentence of five years in an intensive supervision program and mandatory participation in a drug court program until March of 2013.The man applied for a pardon from the May 2010 DUI, and the state parole board approved his application in September. Governor Barbour signed the pardon on January 10.
However, in between the parole board's approval and the governor's signature, the man received another drunk driving charge following a fatal accident that killed an 18-year-old woman. The governor was reportedly not informed of the latest DUI charge prior to granting the pardon.
Regardless of the pardon, the man will still go through the court process for the latest drunk driving charge. Thus far, the man has only been charged with DUI and not with the woman's death, but it is possible that the charges will be revised.
Source: Seattle Post-Intelligencer, "Man gets DUI between applying for, getting pardon," Holbrook Mohr, Feb. 4, 2012
]]>According to local media reports, the correctional officer left work at the Washington Corrections Center in Shelton at about 6 a.m. A few hours later, the officer and a woman drove to a Tacoma elementary school to drop off a child. The woman reportedly went into the school with the child and reported that she and the officer had been involved in a domestic violence incident earlier that morning. In fear that the officer would enter the school in search of the woman or the child, officials immediately put the building on lockdown.
]]> The correctional facility was also placed on lockdown after the officer's brother called the prison and informed officials of the incident, stating that the officer had access to a gun. In addition, a second elementary school was locked down when police learned that the officer had another child in his car. However, the officer ultimately dropped the child off with relatives instead of taking him or her to the school.Police began a massive manhunt and eventually spotted the man's car. After a chase, the officer surrendered to police about four hours after the incident began.
The officer was arrested on suspicion of first-degree assault - domestic violence and eluding a police officer, which is a felony charge. He will reportedly not be allowed back at work until the charges against him are resolved.
Source: The News Tribune, "Prison officer surrenders after chase in Tacoma," Stacey Mulick, Jan. 30, 2012
]]>One of the most controversial of the DUI laws would significantly increase criminal penalties for vehicular manslaughter. The law has been highly publicized by the prosecuting attorneys of Pierce and King Counties, but state lawmakers are not completely on board with the proposal, largely for financial reasons. Critics say that state and county jails simply do not have the funding to house additional offenders during the current economic state.
]]> A second proposed law, which has received more support than the increased penalties, is a measure that would require people who drive drunk and cause a fatality to pay child support for the victim's children until they turn 18. This law is fairly popular among lawmakers, but it remains to see whether it could stand up against any legal challenges if it were to pass.Although reducing the number of drunk driving fatalities that occur in Washington is a noble goal, it is not clear that these harsh penalties are the way to go. A recent study indicates that there has been a 20 percent decline in DUI-related injuries and deaths in the state, so it seems that significant progress is already being made.
Source: MyNorthwest.com, "New efforts to stiffen DUI penalties get first airing in Olympia," Josh Kerns, Jan. 18, 2012
]]>The Barefoot Bandit was first arrested in 2007, at which time he was sentenced to serve three years in a juvenile rehabilitation center. The following year, he escaped from a halfway house and allegedly began a crime spree that included stealing nine cars and three airplanes. The defendant reportedly taught himself to fly using flight manuals and a computer flight simulator and took the airplanes across state lines, elevating the thefts to federal offenses.
]]> In sum, the Barefoot Bandit is accused of committing nearly 70 crimes. He ultimately pleaded guilty to 33 crimes in Washington state, as well as seven federal felony charges. He received his nickname by sketching a trademark barefoot footprint at several crime scenes.According to the Barefoot Bandit's criminal defense attorneys, the sentencing marked the conclusion of the long and sad story of a child who grew up suffering from abuse and neglect at the hands of an alcoholic mother. The judge agreed that the defendant was the "product of alcoholism and neglect," but stated that the Barefoot Bandit's long history of criminal conduct had "somewhat diminished" any sympathy that the defendant may have received.
Now, the Barefoot Bandit has been sentenced to 6-1/2 years in jail. He received credit for the 18 months he has already served, so it is possible that he will be out of prison in under five years. Upon release, he will undergo three years of supervised probation.
Source: Seattle Times, "Barefoot Bandit gets 6-1/2 years, says remorse is 'heartfelt'," Mike Carter and Christine Clarridge, Jan, 27, 2012
]]>During the defendant's civil commitment case, the forensic psychologist hired by the King County prosecutor testified that the man was a "sexual sadist" who was more likely than not to commit another sexually violent crime. While the man only received a recidivism rate of 40 percent in the Static-99 assessment tool, she said, he had several additional characteristics not covered by the test that made him more dangerous, such as hostility toward women and his refusal to participate in treatment.
]]> In response, the psychologist that testified on behalf of the defense told the jury that he did not consider the defendant to be a sexual sadist. He said that the defendant had found religion and that he was unlikely to reoffend. The jury agreed, and released the defendant. Less than a year later, he attacked four women, killing one.This case, while an extreme example, sheds light on the civil commitment process and one of the many ways in which it can go wrong. Not only do such subjective determinations potentially release people who may reoffend, but they may also easily violate the defendant's constitutional protection against excessive punishment.
Source: The Seattle Times, "Swayed by a psychologist, jury frees 'monster' who attacks again," Christine Willmsen, Jan. 23, 2012
]]>Following the man's civil commitment trial in 2004, the jury concluded that the man was at a low risk of reoffending and released him from jail. Ten months later, he allegedly assaulted four women, one of whom suffered fatal injuries in the attack. The man was again arrested and convicted of multiple assault crimes. He is currently serving five life sentences.
]]> Civil commitment is a legal process in which a defendant who is deemed to be too dangerous to be released is detained indefinitely by the state, despite having completed his or her court-ordered sentence. In civil commitment cases, the jury is tasked with determining whether the defendant is likely to reoffend. Often, the only evidence presented to the jury is testimony from two forensic psychologists, one hired by the prosecution and one hired by the defense.Clearly, there is no foolproof way to calculate whether an offender will commit another crime after being released from jail. The forensic psychologists will evaluate the offender and then report back to the jury, offering their prediction of the likelihood that he will reoffend. They will explain how they reached their prediction and describe any mental ailments or disorders that affect the defendant. The jury must then interpret the often-competing reports and decide whether the risk of recidivism is too great to release the defendant.
We will continue this discussion in a second blog post later this week.
Source: The Seattle Times, "Swayed by a psychologist, jury frees 'monster' who attacks again," Christine Willmsen, Jan. 23, 2012
]]>The Seattle officer was charged with one count of fourth-degree domestic violence in October, after sheriff's deputies from a neighboring county allegedly saw him dragging his girlfriend across a gravel parking lot by her hair and coat. At the time of his arrest, the 55-year-old officer was a detective sergeant with the Seattle Police Domestic Violence Unit.
]]> In the weeks following his arrest, the officer's girlfriend supported him, reportedly pleading with the prosecuting attorneys to release the officer and drop the charges. In court last month, the officer argued that his abuse of alcohol was the reason for his actions on the night in question.Under Washington state law, deferred prosecution is allowed in some cases in which the offense was committed because of the defendant's alcohol or drug addiction or mental illness. To qualify for the deferral, defendants must meet several court-ordered conditions.
Normally, defendants in domestic violence cases do not qualify for deferred prosecution, but the officer in this case reportedly met the conditions laid out by the court. He will now undergo two years of treatment for alcohol abuse followed by three years of probation.
Source: Seattle Times, "Seattle cop's domestic-violence charges deferred," Jefferson Robbins, Dec. 30, 2011
]]>Because of the all-too-common inaccuracies that are inherent in eyewitness identifications, courts' reliance on such witnesses has come under fire in King County and across the state and country. But in a recent case argued in front of the U.S. Supreme Court, the justices ruled that the current protections around eyewitness accuracy were sufficient.
]]> Specifically, the majority found that the United States Constitution's guarantee of due process does not require that courts undertake any kind of judicial inquiry into an eyewitness' reliability. The only exception to this would be if there was some evidence that the police investigating the case had been improperly suggestive or had otherwise acted inappropriately.The case argued before the court was brought by a man who had been charged with theft for allegedly breaking into a car in front of an apartment building. During his trial, the jury heard testimony from a woman that lived on the fourth floor of the building who had previously told police that she saw a "tall black man," with no additional details, break in to the car. But during the police investigation, the woman was unable to pick the defendant out of a photo lineup.
Regardless, the defendant was convicted and sentenced to up to 10 years in jail. He appealed, claiming that the witness' testimony was improper, but the courts upheld his conviction, all the way up to the Supreme Court.
Source: Reuters, "Supreme Court rejects special review of eyewitness testimony," James Vicini, Jan. 11, 2012
]]>According to reports from the Washington State Patrol, the alleged drunk driving incident occurred in the early morning hours of Wednesday near Tumwater, which is about 50 miles southwest of Kent. Motorists on Interstate 5 noticed a car traveling north in the southbound lanes of the freeway.
]]> The woman allegedly traveled at speeds ranging from 40 mph to as high as 100 mph during the 17 miles she traveled the wrong way on I-5. She reportedly evaded several spike strips and crashes with oncoming vehicles before coming to a stop near Tacoma. When police approached the woman's vehicle, they found that the woman was "calm" and "had no idea where she was," according to the police report.Statements made by the woman at the scene reportedly indicated that she had a combination of alcohol and prescription medication in her system. A blood alcohol test allegedly revealed that she was above the legal limit, although police are not reporting the woman's exact blood alcohol content.
Police arrested the Olympia woman for investigation of driving under the influence. She was later charged with DUI. She may also be charged with additional crimes when the investigation into the incident is complete, police say.
There were no accidents or injuries in connection with the incident.
Source: The Seattle Times, "Woman drives 17 miles wrong way on I-5; no crashes," Jan. 11, 2012
]]>According to the King County prosecutor, the men stole more than $750,000 in servers, computers, and electronic equipment in a series of burglaries in 2010. Businesses in Bellevue, Kirkland, Redmond and Woodinville were the targets of the alleged thefts. Last week, the men pleaded guilty to six counts each of second-degree burglary, which carries a sentence range of 51 to 68 months in prison. They will be sentenced in King County Superior Court early next month.
]]> The men still face federal theft charges for allegedly hacking into the businesses' computer systems and stealing data about the business and personal information about employees. They are believed to have used the physical computers they stole to obtain the information. Police also believe they engaged in a high-tech method of theft in which they would access the companies' Wi-Fi networks and download information.However, none of the businesses targeted in the alleged theft scheme have reported that the men had accessed or misused either the company or personnel information in any way.
For more information about the allegations against the men, see our earlier criminal defense blog post on the arrests and criminal charges.
Source: Redmond Patch, "Seattle Pair Pleads Guilty to Breaking Into Eastside Businesses," Jan. 6, 2012
]]>