Category Archives: Domestic Violence

Whatcom County Jail Gets Record Number of Inmates

Animal Abuse, Assault, Bellingham, Bellingham Defense Attorney, Constitutional Rights, Cruel & Unusual Punishment, Domestic Violence, Drug Offenses, Due Process, DUI, felony, Firearm, Homicide & Manslaughter, Jail, law enforcement, marijuana, misdemeanor, police, Pretrial Investigations, Probable Cause, Property Crimes, Retail Theft, Search and Seizure, Search Warrant, Sentencing, Sex Crimes, Speedy Trial & Continuances, Terry Stop, Theft, Washington State Patrol, Whatcom County Criminal Defense, , ,

COVID-19 infections hit record high in California prisons | CalMatters

Whatcom County Jail’s population hit a record high over Presidents Day weekend and since then, law enforcement agencies have been booking fewer people, to ease the crowding.
The jail’s population reached 323 inmates – its operational capacity should be 212 inmates -the weekend of Feb. 13-15, causing the jail to run out of temporary beds and come close to running out of clothes, sheets and other resources. From Feb. 1 to Feb. 16, an average of 26 people were booked into the jail each day.

Bellingham police have been citing and releasing some people arrested on misdemeanor, and booking and then immediately releasing others.  An officer might take some people to jail to have their photos and fingerprints taken, then have the jail release them.

My opinion?  I’ll state the obvious: the criminal justice system in Whatcom County has reached peaked capacity.  Jails are overcrowded.  Trial calendars are filled.   Trust me, I know.

The easy solution?  Hire an additional judge, build additional courts, and build another jail.  Unfortunately, that’s not going to happen any time soon.   Put simply, The County lacks resources to build jails and/or hire more court staff.  This is not due to sloppy spending on the part of the County.  The Whatcom Superior Court has already eliminated numerous services due to the decrease in revenues.  That said, the likelihood of obtaining more revenue to hire another judge and/or construct another jail is slim to none.

The harder solution – and probably the more criticized; yet WORKABLE solution – is for the Prosecutor’s Office to negotiate more cases to a favorable resolution.  They’re a trial-happy bunch, and unnecessarily so.  Not every case must be brought to trial.  Justice happens when all parties leave the courtroom satisfied with the result.

At any rate, overcrowded jails are symptomatic of larger problems.  The County judiciary is burning the candlestick at both ends.  We’re seeing a decrease in judicial revenues and an increase in inmates.  The state of affairs certainly is alarming.  Why now, and why all of the sudden?

A tough nut to crack.

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 v. Pugh: WA Supremes Admit “Excited Utterance” Hearsay Evidence of 911 Call; Disregard State v. Crawford

911 Call, Assault, Constitutional Rights, Domestic Violence, Evidence, felony, Jury Trial, Washington Supreme Court, , ,

What is EXCITED UTTERANCE? What does EXCITED UTTERANCE mean? EXCITED UTTERANCE meaning & explanation - YouTube

In State v. Pugh, the WA Supreme Court admitted “Excited Utterance” hearsay evidence of a 911 call, thus disregarding State v. Crawford.

Defendant Timothy Pugh and his wife Bridgette are married.  They had problems.  In November 2004, she obtains a no-contact order (NCO) against him.  On March 21, 2005, and in violation of the NCO, the Pughs were together at a friend’s apartment.  At 3:13 a.m., she calls 911 and states, “My husband was beating me up really bad.”

She provided his description.  When the operator asked her whether he was still there, Mrs. Pugh said, “He’s just outside.” She again reported being beaten, but this time stated it in the present sense.  She also said she needed an ambulance.  The call terminated when police officers arrived.  Mrs. Pugh had a bruised face and a chipped tooth.  The officers soon arrested Mr. Pugh in the parking lot outside the apartment where Bridgette was.

Before trial, the State delivered a subpoena to Mrs. Pugh.  However she refused to arrive and/or testify at trial.  Despite her decision, and in clear violation of State v. Crawford (2004 case where WA Supremes upheld the Confrontation Clause and dismissed a case where the State’s victim/witness refused to testify) , the trial court admitted her 911 call as evidence.  Pugh was convicted of felony violation of the court order, domestic violence.

 The WA Supremes held Mrs. Pugh’s statements to the 911 operator were nontestimonial, and therefore admission of a recording of the 911 call at Mr. Pugh’s trial did not violate his right to confrontation under the Sixth Amendment.  They reasoned that her statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted.

They further argued that statements of this type do not implicate the state confrontation clause.  Because the statements are nontestimonial and do not implicate article I, section 22, admission of the 911 recording violated neither the federal nor the state confrontation clause.

My opinion?  I hold the same disdain as Justice Sanders’ dissenting opinion.  Article I, Section 22 of the WA Constitution states, “In criminal prosecutions the accused shall have the right . . . to meet the witnesses against him face to face . . .”  This is the essence of the Confrontation Clause.

And, to quote Justice Sanders, “What is there about face to face that the majority opinion does not understand?”  Crawford applies – and cases get dismissed – if a victim refuses to testify.  Period.  Here, the victim refused to testify.  Nevertheless, and in total violation of Crawford, the majority pulls out some archaic res gestae analysis, breathes life into it, and totally stomps the heck out of Crawford.

 Unbelievable.

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.

Jails In Indian Country

Domestic Violence, Jail, Race & Law, Studies, , ,

Patchwork health care for reservation inmates raises concern | HeraldNet.com

The U.S. Department of Justice recently conducted a survey of jails in Indian Country.  The facilities included a total of 82 jails, confinement facilities, detention centers, and other facilities operated by tribal authorities or the Bureau of Indian Affairs.

The report includes data on the number of adults and juveniles held, type of offense, number of persons confined on the last weekday of each month, average daily population, peak population, and admissions in June 2008. It also summarizes rated capacity, facility crowding, and jail staffing. Trend data from 2000 to 2008 on facilities in the surveys are included.

Highlights include the following:

  • The number of inmates admitted into Indian country jails during June 2008 was about 6 times the size of the average daily population;
  • The number of inmates confined in Indian country jails declined by 1.3% at midyear 2008, dropping to 2,135 inmates;
  • Inmates held for aggravated and simple assault increased at midyear 2008; and
  • Domestic violence declined.

Upon graduating from law school in 2003, my first job was Deputy Prosecutor for the Lummi Nation.  Indian defendants were housed with non-Indian defendants at the Whatcom County Jail.  I learned the Tribe had a VERY proactive anti-domestic violence unit (ADV Unit).  This was considered a hot-button topic (and probably still is).  The ADV Unit worked with tribal police, educated the community, and advocated for survivors of domestic violence.

That said, the survey showed a decrease in domestic violence (DV) crimes in 2008.  That’s good news.  DV convictions bring particularly painful consequences: defendants lose gun rights, judges issue no-contact orders against family members, defendants must move from dwellings they share with alleged victims, etc.  Very nasty.

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.

When Men Are Victims of Domestic Violence

911 Call, Assault, Bellingham Defense Attorney, Domestic Violence, felony, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

Male domestic abuse victims 'suffering in silence' - BBC News

An article on msn.com discusses Domestic Violence when the perpetrator is female and the victim is male.

According to the article, a recent study showed that 64 percent of the men who called a DV hotline were told that they “only help women,” and only half were referred to programs for male perpetrators.  Overall, only 8 percent of the men who called hotlines classified them as “very helpful,” whereas 69 percent found them to be “not at all helpful.”  Worse, when an abused man called the police, the police were more likely to arrest him than to arrest his abusive female partner.

My opinion?

I’ve handled hundreds of domestic violence (DV) cases.  Truthfully, female-on-male DV doesn’t happen often.  Indeed, I can count ON ONE HAND cases I’ve worked where a female defendant abused her male boyfriend/husband.  Either it rarely happens, or doesn’t get reported.  Probably both.

Still, it’s shameful that female-on-male DV isn’t taken as seriously.  Societal norms probably have much to do with it (men are physically stronger, they should have the wherewithal to “handle” an angry/violent female, etc.).

You should know this, however: BY WASHINGTON STATUTE, POLICE MUST ARREST SOMEONE IF THEY ARE SUMMONED VIA 911 PHONE CALL.  There’s no getting around it.  No arguing with police.  They will arrive, separate you two, investigate the scene, gather evidence, interview witnesses, determine who the primary aggressor is, and arrest them.

In addition, a DV perpetrator can be charged with Interfering With a 911 Call – a gross misdemeanor – if the perpetrator attempts to stop the victim from calling the police.

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.

Defendants Could Be Free From Probation

Court Fines, Domestic Violence, Drug Offenses, Legislation, misdemeanor, Probation, , ,

Finally Free!!! 🦅 been a long time comin, can't even believe they approved my early release paperwork, but I did it! Time to fly baby! 🦅 : probation

Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.

Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.

Interestingly enough, police gurus support the bill “with some discomfort,” but feel that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.

The bill would totally eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.

Their supervision would be terminated after six months if they have not reoffended.  However, those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.

Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.  The cost-savings would ultimately mean a big job loss for probation officers.

My opinion?  Pass the legislation!  For the most part, my clients are hardworking; law abiding citizens facing criminal charges from an isolated event or circumstance.  All of the sudden, they get labelled as criminals.  The system painfully grinds them through a process which threatens to take their time, money, dignity, energy, and reputation.

For many of my clients, probation is an unnecessary evil.  Understand this:  in Whatcom County, a first-time DUI offender and/or Domestic Violence offender faces up to TWO YEARS of probation at a cost of $75-$100 per month.  Do the math.  That’s $900 – $1200 per year.   This cost, along with the cost of mandatory treatment, jail, and fines, clearly skyrockets the cost of doing justice.

And for what?  Why?  Is it because the police sometimes violate your Constitutional rights when they pull you over and investigate you for DUI?  Or is it because the police MUST arrest someone in the wake of a heated argument between spouses?  An argument where, in most cases, the victim does not want to pursue prosecution and wants the charges dropped?

“Alex, please do something to get me off probation or decrease the amount of time I’m on it.”  These words are uttered by many clients who want to avoid trial and negotiate a favorable resolution with the prosecutor.  They hire me to get justice.

The legislature is finally realizing probation is unnecessary in many circumstances.  Either that, or they’re realizing probation is expensive in roughshod economic times.  In any event, let’s all realize the obvious and pass this legislation.

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.