All posts by Alexander Ransom

Washington State Ranked Among Top 10 Most Dangerous

Washington named eighth most dangerous state in 2024 study - Lynnwood Times

SOURCEThe Safest and Most Dangerous States in America 2024 – Simmrin Law Group

Apparently, crime rates in Washington State have been increasing. This comes despite the overall decrease in violent crime in the country.

THE SIMMRIN LAW GROUP STUDY

A new study by the Simmrin Law Group analyzed crime data from the FBI and NIFRS to rank the safest and most dangerous states in the country.  Apparently, between 2020 and 2022, the rate of violent crime in the U.S. decreased from 398.5 incidents per 100,000 people to 380.7 incidents per 100,000 people, while the rate of violent crime in Washington has increased from 293.7 incidents to 375.6 incidents, an 81.9 rate increase. The study examined the frequency of various types of offenses, including assault, homicide, kidnapping, sex offenses, burglary, destruction/vandalism, theft, and robbery.

HOW DANGEROUS IS WASHINGTON STATE?

Although Washington is known for its picturesque natural beauty and for being a booming tech hub, the rise in crime hasn’t gone unnoticed.

Washington ranked eighth, with the highest larceny and theft rate and kidnapping and abduction rate. According to the study, the state has a larceny/theft rate of 2133.6 per 100,000 residents. In 2022, there were 1,327 kidnapping/abduction incidents and 1,454 offenses reported in Washington.

“Washington state, known for its tech industry and natural beauty, surprisingly contrasts with its efforts to become a safer place. The state sadly has a larceny/theft rate of 2133.6 per 100,000, among the highest on this list, indicating the need for continued focus on crime prevention.”

“Its Kidnapping/Abduction Rate of 16.3 per 100,000 indicates another area in much need of targeted interventions. These statistics underscore the importance of community-based safety programs and proactive law enforcement measures, which Washington cannot ignore any longer if they want to keep their good reputation.” ~Simrin Law Group Study

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

During COVID-19, Prison Inmates Died at 3.5 Times The Rate of the Free Population

COVID-19: Authorities must protect health of detainees, staff and ultimately surrounding communities

Photo courtesy of the International Committee of the Red Cross

According to the Marshall Project, during the COVID-19 Pandemic, people in prison died at 3.4 times the rate of the free population. The elderly were hit the hardest. A national study gives the details.

THE STUDY

Over 6,000 incarcerated people died in the first year of the pandemic, researchers found. This data numbers they collected from state prison systems and the Federal Bureau of Prisons. the overall prison mortality rate spiked at least 50%, and potentially exceeded 75%, with roughly 50 or more people dying per 10,000 in prison in 2020.

The virus hit older generations especially hard, the study’s data shows. Not all states shared counts by age. But in the eight states that did, death rates for people aged 50 and older rose far higher than for others. The data reaffirms how much more vulnerable older prisoners are to the virus.

At the same time, incarceration rates dropped during the first year of the pandemic, but not because an extraordinary number of people were released. Despite a range of advocates calling for releases — particularly for older adults, who have higher health risks and statistically lower chances of committing a crime — data shows fewer people than in a typical year were let out in 2020. Instead, there was a dramatic reduction in prison admissions.

The slowdown in admissions meant that prison systems reduced the number of younger people exposed to COVID, while the older people already inside were left there. That’s because incarcerated people are generally older than those likely to be sent to prison.

By the end of 2020, Bureau of Justice Statistics data shows the number of people in state prisons under 55 fell by 17%, while the 55 and older population was down by 6%.

Prison deaths spiked almost everywhere across the country, varying in magnitude from state to state.

WERE THE WIDESPREAD DEATHS IN PRISONS PREVENTABLE?

According to the Machall Project, states and the federal government have legal tools to release at least some people, but rarely used them during the most urgent phase of the pandemic. In most states, only the governor and parole board can release people from prison without a court order.

Most state constitutions allow for governors to issue a pause in a criminal sentence known as a reprieve. Historically, governors use this power even less often than commutations, which lets them shorten sentences and free people without post-release supervision or expectation that they return. No state governors used either power for large-scale releases during the COVID-19 emergency, and only a small number performed any at all.

In a minority of states, corrections officials have some limited authority to release prisoners — usually due to terminal illness, or total physical or cognitive disability — or to seek certain kinds of inpatient medical care, according to data collected by the sentencing reform advocacy group Families Against Mandatory Minimums. These policies are not designed to release people based on risk of future illness, however.

“With more than half a million infections behind bars and over 3,000 deaths, America’s response to COVID-19 in prisons and jails was a failure. Federal, state, and local governments ignored public health guidance, refused to implement even the most basic mitigation strategies, and failed to reduce their incarcerated populations to the level necessary to avoid these catastrophes.” ~Prison Policy Initiative

Prison is a terrible place. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

U.S. Supreme Court Tackles Homelessness

Supreme Court will hear Grants Pass homeless camping case • Washington  State Standard

Today, the U.S. Supreme Court will decide an important case in decades concerning the rights of people experiencing homelessness.

In Grants Pass v. Johnsonthe Court addresses whether it constitutes cruel and unusual punishment to fine, ticket, or jail someone for sleeping outside on public property if they have nowhere else to go. A ruling in favor of the plaintiffs would make it easier for communities to clear out homeless people’s tent encampments, even if no available housing or shelter exists. The court is expected to decide the case by the end of June.

GRANTS PASS V. JOHNSON

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals. The 9th Circuit also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

FEDERAL DATA ON THE HOMELESS

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data.

Over 650,000 people in America experience homelessness on any given night. Roughly 40 percent of those individuals are sleeping outside on the streets, in cars, parks, train stations, and other settings not designed primarily for human residence. Federal data published in late 2023 shows a rise in homelessness in most states.

THE CONSEQUENCES OF CRIMINALIZING HOMELESSNESS

  • The more interactions a homeless person has with the police, the more likely they are to be criminalized.
  • Concerns about criminalizing homeless people with mental and behavioral health needs came up in several amici briefs filed to the Supreme Court. More than one-fifth of people experiencing homelessness currently have a serious mental illness like bipolar disorder or schizophrenia.
  • The American Psychiatric Association noted that police are also more likely to use excessive force when they interact with unhoused people with mental illness.
  • Fining, ticketing, or arresting unhoused people — which local governments will be more easily able to do if Grants Pass is overturned — will make it harder for homeless people, who already cannot afford shelter, to obtain permanent housing later on.
  • Having a criminal record can make it more difficult to land a job, stable housing, and receive government benefits. Even among those who do find jobs, employees with records generally face significant earning penalties.
  • Owing fines can exacerbate an unhoused person’s already precarious financial situation and prolong their homelessness. One study of people experiencing homelessness in Seattle found those with outstanding legal debt spent roughly two more years without stable housing than those without such debt.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State Auditor’s Report: Police Agencies Can Be More Transparent About Returning Seized Assets

Among the nearly 1,000 people who had property seized by the Washington police agencies that were audited, only 25% were convicted of a crime.

Photo courtesy of the Seattle Times

According to the Seattle Times, a new state audit says that Washington police agencies could be more transparent about the process of seizing a defendant’s assets after arrest. Personal property like cars, cash or guns that are seized in the course of criminal investigations can often be returned, but are not.

CIVIL ASSET FORFEITURE

Police, in a practice known as civil asset forfeiture, can seize items they believe were used in a crime without an arrest, criminal charge or conviction of the person who owns the property. State law lets police agencies keep 90% of the proceeds from forfeitures and to use the money to help disrupt illegal drug activity.

In Washington, police can seize property if they believe it is connected to a crime. If the police agency decides not to pursue forfeiture, they can then return the property to its owner. But if the agency decides to move forward, an initial notice goes to the owner (within 15 days), who can file a claim to get it back (within 45 days, or 90 days for real property like land or buildings).

THE STATE AUDITOR’S REPORT FINDINGS

The report reviewed eight police agencies, including the Seattle Police Department. Agencies were chosen based on location, the type of agency and level of civil asset forfeiture activity.

Among the audited agencies, 75% of seized property was automatically forfeited because the owner either did not file a claim, file a claim on time, or failed to attend a hearing. For many of the reviewed cases, it was because claims weren’t filed. Auditors also found that among the 1,000 people who were faced with forfeiture at those eight agencies, only 25% were convicted of a crime. Auditors also found that police often seized property worth less than $2,000.00. More disturbing, at least one racial or ethnic group was overrepresented in forfeiture data compared with their share of the population.

At the Seattle Police Department, for example, Latinos made up an estimated 23% of the people whose assets were forfeited, despite being 7% of the population, and Black people 17%, despite being 7% of the population. But at the Grays Harbor County Drug Task Force, white people were overrepresented by 9 percentage points.

The report also suggested police agencies can do more to make sure people know their property has been seized. Agencies can also better discuss the process of getting property returned, like providing information in languages other than English.

Please contact my office if you, a friend or family member are charged with a crime. In many cases, a defense attorney can argue a Motion for the Release of Personal Property which was confiscated by police. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Do’s and Dont’s of Drinking at Whatcom County Parks

 

BELLINGHAM CITY PARKS

In general, it’s illegal to drink in Bellingham parks. The city’s municipal code states that “the opening or consuming of any alcoholic beverage on park property is prohibited.” They’ll only make an exception if you have a license from the state and the “explicit written permission of the director of parks and recreation.”

There’s a 2014 city memo titled “Alcohol use at Park Facilities”, which aims to clarify those exceptions. According to the document, the exemptions primarily leave room for people to host an event at a city park where alcohol is present. In order to do that, you have to apply for permission, provide any relevant details about the event, submit a damage deposit and provide proof of liquor liability insurance. Even if you get approved, only beer and wine are allowed.

WHATCOM COUNTY PARKS

Unlike the City of Bellingham, Whatcom County parks are slightly more lenient. While they don’t allow alcohol in open spaces, they allow drinking in reservable areas. These areas include picnic shelters and day lodges. If you plan to drink, however, you must pay an additional $60 fee with your reservation.

WA STATE PARKS

Journalist  your safest and most legal alternative to legally drink in a Whatcom County park would be state park. While drinking is generally off limits in these locations, too, state parks do allow alcohol at campsites, picnic tables, benches or reservable day-use areas. Whatcom County has three state parksLarrabeeBirch Bay and Peace Arch.

My advice? People who drink too much often commit crimes they would not consider doing while sober. Crimes like Assault, Malicious Mischief, Criminal Trespass and Domestic Violence are more likely to occur any time alcohol is involved. In some cases, Voluntary Intoxication is a defense.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Prison Inmates Get To View The Eclipse

Prisoners demand to watch the solar eclipse

Photo courtesy of Gencraft AI

USA Today reports that inmates at a New York prison sued the state corrections department over the Monday total solar eclipse. Fortunately, the inmates will be able to see the celestial event after all.

The lawsuit came after one of the named plaintiffs, an atheist, received special permission last month to view the eclipse before the statewide prison lockdown was announced. However, prison officials ultimately denied permission to other inmates to be exempt from the lockdown order. Shortly after, the lawsuit was filed in federal court in upstate New York. It listed six plaintiffs of various religious faiths and claimed that the lockdown violated their religious rights.

“These inmates are asking for the most human of things: To gather and celebrate something that is greater than themselves. For many, this eclipse is a moment of monumental religious significance that cannot be overlooked or dismissed out of hand.” ~Court Documents Filed in Lawsuit

Corrections officials agreed Thursday to permit the plaintiffs – a Baptist, a Muslim, a Seventh-Day Adventist, two practitioners of Santeria and an atheist – to view the eclipse in exchange for the lawsuit’s dismissal.

“We are pleased that, in response to our lawsuit alleging religious discrimination, New York State has entered into a binding settlement agreement that will allow our six clients to view the solar eclipse in accordance with their sincerely held religious beliefs.” ~Attorney Christopher L. McArdle, one of the attorneys representing the inmates.

New York, which has not experienced a total solar eclipse since 1925, is one of 13 states directly on the eclipse’s path of totality. The astral event has been widely anticipated for months, if not years. As a result, it is expected to draw a heavy influx of tourists as the moon completely blocks the sun’s disc. The rare celestial phenomenon will reveal the sun’s elusive outermost layer known as the corona.

PLAINTIFFS SAY ECLIPSE HAS RELIGIOUS MEANINGS

All plaintiffs claimed in the lawsuit that the solar eclipse was deeply intertwined with the teachings of their respective religions.

In Christianity, the darkness described in the Bible as accompanying Jesus’ crucifixion has been interpreted as an eclipse, while in Islam, sacred works similarly describe the passing of the Prophet Muhammad’s son. Practitioners of Santeria also trace historical ties to chanting rituals performed during a solar eclipse. For atheists, an eclipse may not be a time for worship, but it’s still a time to marvel about the natural wonders of the universe, the lawsuit contended.

My opinion? Great work by the Plaintiffs’ attorneys. And wonderful decision on the part of NY Corrections Department. Religious liberty is a foundational principle of enduring importance in America, enshrined in our Constitution and other sources of federal law.  Religious liberty is not merely a right to personal religious beliefs or even to worship in a sacred place. It also encompasses religious observance and practice. Except in the narrowest circumstances, no one should be forced to choose between living out his or her faith and complying with the law. Therefore, to the greatest extent practicable and permitted by law, religious observance and practice should be reasonably accommodated in all government activity, including the incarceration of prisoners.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Study: Inadequate Health Care for Prisoners Leads to Premature Death & Illnesses

Judge: Arizona prison system healthcare violates constitutional rights

Incredible journalism and investigations from the Guardian reveals that prison inmates regularly die from preventable health conditions. They’re dying years younger than the overall population, often after receiving little healthcare after getting sick. Advocates believe that alarmingly premature death in state prisons is a hidden crisis that is routine across the U.S. All too often,  fueled by abysmal and unconstitutional standards of healthcare.

THE GUARDIAN’S INVESTIGATIONS OF NEW JERSEY STATE PENITENTIARY

By filing public records requests, the Guardian obtained data on all 272 individuals whom the DOC reported had died in New Jersey state prisons from 2018 to 2022, as well as autopsy results on 265 of those people. Heart disease accounted for 69 of the deaths, making it the leading cause, with people dying from the condition at age 62 on average. The next two most common causes of death were Covid-19 (average age of death: 60) and cancer (59).

From 2018 to 2022, men in New Jersey prisons died at an average age of 59 years and two months of age. Among those, Black men died at just under 57 years and four months of age. The incarcerated population is on average younger than the general population. However, these numbers are still startlingly low compared with the overall state average. The average age of death is 71 years and eight months for all men and 64 years and four months for the state’s Black men.

Examined in their entirety, the Guardian’s findings suggest that substandard healthcare is contributing to a pattern of early death behind bars.

David Fathi, an attorney and the Director of the American Civil Liberties Union National Prison Project, reviewed the Guardian’s findings. He found there are red flags that New Jersey has a seriously dysfunctional prison healthcare system.

“Prisons are black boxes that are hidden from public view . . . It has to be someone’s job to make sure that adequate healthcare is being provided . . . What we know is that the provision of healthcare in prisons across the country is generally systemically inadequate.” ~David Fahti, Director of the ACLU’s National Prison Project.

PRIOR RESEARCH SHOWS INADEQUATE HEALTH CARE FOR PRISONERS IS THE NORM

Previous academic research has found that prison can take a toll on life expectancy – as many as two years for every one year spent in prison. According to the US Department of Justice, in 2019 the No 1 cause of death in US jails, where people await trial or serve relatively short sentences, was suicide. But prisons, where people are sent after being convicted of serious crimes, are different. For example, according to the justice department, in 2019, 78.9% of state prisoners died due to illness, such as heart disease or cancer.

CRUEL AND UNUSUAL PUNISHMENT

In its 1976 ruling in Estelle v Gamble, the US supreme court found that “deliberate indifference” to the health needs of incarcerated people violated the Eighth Amendment’s protection against cruel and unusual punishment. Under the law, incarcerated people have a constitutional right to adequate healthcare that people outside prison do not – even if enforcing that protection has been a difficult task.

Prison is a terrible place. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Car Designs Also Create Blind Spots

I almost got hit by a car turning left today. I was able to get out of the way because I quickly realized I was in his A-pillar blindspot. I had recently

Photo Courtesy of Evo Magazine

Journalist Doug Dahl reports that visibility can be a big issue with new cars. In short, the popular A-Pillar car designs aren’t helpful for taller drivers, and can create blind spots.

WHAT IS AN “A-PILLAR” CAR DESIGN?

According to Wikipedia, one of the important design elements of modern cars is the A-pillar. This is because its location and angle impact the shape of the front of the car and the overall shape of modern vehicles or what designers call “volume.” For example, more forward positioned A-pillars provide for increased interior room and make for less angle and visual difference between the hood and windshield. This arrangement makes the side view of a car look aerodynamic. The A-pillars that are positioned further back on a vehicle are most often found on rear-wheel drive and SUV models. This arrangement provides a greater hood to windshield angle as well as achieving a bigger field of view for the driver, but at the disadvantage of encroaching on interior space.

“Big roof pillars protect vehicle occupants in a crash, but they’re bad for seeing pedestrians,” reports Dahl. “Giant displays in the car provide great maps for navigation, but they draw a driver’s focus away from the road. Cameras and sensors help the car assist you, but all the features can distract you from the actual driving. Misused, these ‘upgrades’ can put other road users at risk.”

We tend to link distracted driving with cell phones, but that’s only a piece of it. In the 2022 statewide distracted driving observational survey, over half of distracted drivers had diverted their attention to something other than a phone.

Distractions come in many forms. It could be spilled coffee, last minute personal grooming, kids in the back seat, eating any In N Out burger if you ordered it animal style, and fiddling with the technology that came with your car. Some of that tech was meant to keep drivers safer, but if you’re not familiar with it before you put the car in gear, trying to figure it out while driving takes attention away from where it belongs.

Despite all the potential distractions, most of the time drivers have their focus on the road. In the observational survey I mentioned, nine percent were engaged in distracting behaviors. But that small percentage has an outsized impact. Over the past ten years, distracted drivers have been involved in 23 percent of fatal crashes.

There is good news. Our attitudes about distracted driving have changed in recent years, and so have our behaviors. A decade ago, 69 percent of drivers admitted to using their phone while driving. In Washington’s most recent traffic safety survey, that dropped to less than one third. That’s translated into lives saved. In 2014 there were 171 fatalities involving distracted drivers. In 2022 there were 99.

We’ve gotten better at putting our phones down while driving. If we can also get better at avoiding all the other distractions, including the technology built into our vehicles (that’s often helpful but sometimes not so much) we’ll continue to move toward our goal of zero deaths on our roads.

Please contact my office if you, a friend or family member are charged with Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

9th Circuit Federal Court: Gun Prohibitions on Defendants Are “Historical Tradition of Firearms Regulation.”

13 Tips Whenever Cops Want to See Your Guns! - YouTube

In United States v. Garcia, the 9th Circuit Court of Appeals held that pretrial release conditions forbidding a defendant from possessing firearms are consistent with the nation’s historical tradition of firearms regulation.

BACKGROUND FACTS

Mr. Fencl was arrested after police officers found more than 110 guns in his house, including 10 unregistered and untraceable “ghost guns,” 4 silencers, and 3 short-barreled rifles. Officers also uncovered thousands of rounds of ammunition, including armor-piercing and incendiary rounds and a tear-gas grenade.

In a different case, Mr. Perez-Garcia was arrested following a customs inspection at the United States-Mexico border. He was the passenger in a car in which officers found approximately eleven kilograms of methamphetamine and half a kilogram of fentanyl.

Both men were charged with multiple felony offenses. Consistent with the Bail Reform Act of 1984, two federal magistrate judges released Fencl and Perez-Garcia pending their trials. However, both were subjected them to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The magistrate judges concluded that the firearm condition was the least restrictive way to assure the safety of the community and the defendants’ appearances in court.

On appeal, Fencl and Perez-Garcia contend that the pretrial firearm condition violated their Second Amendment rights. They believe they were unlawfully  prohibited from possessing guns while they are released pending trial.

9TH CIRCUIT’S REASONING AND CONCLUSIONS

In short, the 9th Circuit upheld the appellants’ temporary disarmament as consistent with our nation’s historical tradition of firearm regulation.

The 9th Circuit reasoned that Congress passed the Bail Reform Act of 1984 to respond to the alarming problem of crimes committed by persons on release. The Act authorizes federal courts to release defendants awaiting trial subject to specific conditions that protect the community from the risk of crimes they might commit while on bail. Courts have discretion to choose which conditions will best keep the community safe. Furthermore, some conditions that are necessary to keep the community safe nevertheless burden constitutional rights.

“Bail Reform Act’s firearm condition on Appelants is justified by our nation’s history of disarming criminal defendants facing serious charges pending trial. Based on our historical review, we agree that our society has traditionally subjected criminal defendants to temporary restrictions on their liberty—including restrictions that affect their ability to keep and bear arms—to protect public safety and to ensure defendants’ attendance at trial. As we explain below, the combination of separate but related founding era practices supports this conclusion: (1) most serious crimes were eligible for capital charges; (2) the government had the power to detain, and usually did detain, defendants indicted on capital charges; and (3) once detained, criminal defendants were completely disarmed. The Bail Reform Act’s firearm condition as applied to Fencl and Perez-Garcia fits within this historical tradition of firearm regulation.” ~9th Circuit Court of Appeals

Next, the 9th Circuit explained that during the Founding Era, most serious criminal acts and felonies constituted capital offenses. As a result, defendants indicted on capital offenses were typically detained without bail, effectively disarming them.

With that, the 9th Circuit concluded that the Bail Reform Act’s pretrial release firearm condition as applied to Appellants was relevantly similar to the founding era tradition of disarming criminal defendants facing serious crimes.

My opinion? Often in my criminal practice I see lots in incidents involving guns. Clients ask  whether police can seize their firearms if a crime is pending. And what about situations where there was an incident, but no gun was involved? The short answer is yes, police can seize firearms and other weapons under these circumstances. This often happens in allegations involving Domestic Violence and felonies. However, there needs to be an order issued from a judge.

Please contact my office if you, a friend or family member face crimes prohibiting the possession of firearms. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Court of Appeals Upholds “Net Nanny” Sting Operation

Net Nanny' sting nets 21 child predator arrests in Pierce County – KIRO 7 News Seattle

Photo courtesy of Kiro News 7.

In State v. Stott, the WA Court of Appeals held that a “Net Nanny” police sting operation was not outrageous government conduct, even though the police used deception, because the defendant clearly pursued the “victim.”

For those who don’t know, “Net Nanny” sting operations infiltrate online communities where child exploitation activities often take place. Undercover officers pose as minors and engage with individuals involved in soliciting children for sexual purposes. Through careful investigation and monitoring, law enforcement agencies are able to gather evidence and identify perpetrators.

BACKGROUND FACTS

Mr. Stott allegedly communicated with an undercover Washington State Patrol (WSP) officer who was posing as a fictional 13-year-old girl (“Kaci”). Mr. Stott was now targetted in an online sting operation aimed to find and arrest adults seeking sex with children. Stott was apprehended by police upon leaving his home to meet up with “Kaci.” He was charged with numerous sex offenses.

Stott moved to dismiss the charges against him. He claimed he was denied due process as a result of outrageous government conduct stemming from the sting operation. The trial court, after applying the five-factor test outlined in State v. Lively, denied the motion. Stott was convicted following a jury trial. He appealed his conviction on grounds that the trial court improperly denied his motion to dismiss.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals (COA) began by saying outrageous government conduct happens when the actions of law enforcement officers are so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction. For the police conduct to violate due process, the conduct must shock the universal sense of fairness.

Next, the COA re-analyzed the the five-factor test outlined in State v. Lively. The test addresses whether government conduct constitutes a due process violation under the “totality of the circumstances.” Our supreme court in Lively outlined five factors for courts to consider in determining whether outrageous government conduct occurred: The five factors are (1) whether the police conduct instigated a crime or merely infiltrated ongoing criminal activity; (2) whether the defendant’s reluctance to commit a crime was overcome by pleas of sympathy, promises of excessive profits, or persistent solicitation; (3) whether the government controls the criminal activity or simply allows for the criminal activity to occur; (4) whether the police motive was to prevent crime or protect the public; and (5) whether the government conduct itself amounted to criminal activity or conduct ‘repugnant to a sense of justice.’

1. Whether the Police Instigated the Crime

The COA reasoned the State did not instigate the crime, but merely infiltrated potential criminal activity. Here, the initial advertisement did not specifically target Stott. He initiated the exchange by responding to the ad. Stott continued to text “Kaci” after he learned that she was underage. He did not at any time seek to withdraw from the exchange, even when he expressed some concern that he was possibly being set up. Finally, it was Stott who introduced sexually explicit language to the conversation.

2. Overcoming Reluctance by Persistent Solicitation

The COA held the trial court did not abuse its discretion in weighing this Lively factor against Stott. The COA reasoned that other than brief mentions of his fear of being “catfished,” Stott willingly and repeatedly engaged “Kaci” and made no attempts to discontinue the interaction. Stott did not reject “Kaci” after being told that he was interacting with a minor. Moreover, Stott did not make affirmative attempts to end the conversation. Furthermore, Stott took affirmative steps to meet “Kaci” in person. He drove down to Puyallup to meet her and offered to pay for an Uber to bring her to Seattle on multiple occasions.

3. Control of Criminal Activity

This Lively factor asks “whether the government controls the criminal activity or
simply allows for the criminal activity to occur.” Here, the COA held the trial court rightfully concluded that Stott “was in the driver’s seat.” It reasoned Stott told “Kaci” what acts he wanted her to perform and negotiated how much he was willing to pay. Furthermore, Stott brought up the topics of contraceptives, payment, Ubers, and a meeting location.

4. The Government’s Motive 

This Lively factor asks whether the police motive was to prevent crime or protect the
public. Here, the COA reasoned the trial court rightfully found that the “Net Nanny” operation is designed to catch would-be sexual abusers before they have a chance to sexually assault an actual child. Furthermore, Stott’s suggestion that he was not otherwise inclined to engage in sex with a child and only acquired that inclination in response to “Kaci’s” enticements is wholly belied by the evidence that was presented to the trial court.

5. Repugnant to Sense of Justice

The final Lively factor is “whether the government conduct itself amounted to criminal activity or conduct “repugnant to a sense of justice.” On this issue, Stott argued that the government’s conduct was repugnant because “Kaci” used lewd and vulgar language during her communications. In response, however, the COA determined that Stott was just as lewd and vulgar in his language as “Kaci,” and the evidence presented to the court for its consideration on the motion supports that determination.

With that, the COA  concluded that the trial court did not abuse its discretion in denying Stott’s motion to dismiss for outrageous government conduct. Accordingly, the COA affirmed Stott’s conviction.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.