Tag Archives: Mount Vernon Criminal Defense

LGBTQ Training for Police

No Cops at Pride”: How the Criminal Justice System Harms LGBTQ People | Urban Institute

Great article in NBC News by reporter Finbarr Toesland says police departments across the U.S. are mandating LGBTQ training. Some departments are doing so voluntarily, while others are being required to do so following lawsuits.

According to Toesland, there’s growing reports of police allegedly using excessive force against lesbian, gay, bisexual, transgender and queer people. There have also been numerous incidents in which LGBTQ individuals said members of law enforcement made disparaging remarks about their sexual orientation or gender identity, according to news reports, lawsuits and academic studies.

These incidents — along with the historically fraught relationship between law enforcement and the LGBTQ community — have led a growing number of police departments across the country to introduce LGBTQ awareness and cultural competency training for their officers. With trainings found from Washington, D.C., to Palo Alto, California, there’s no one-size-fits-all approach; rather, departments are crafting programs that take into consideration their specific communities.

Toesland explains that throughout much of modern U.S. history, police officers were bound to enforce explicitly anti-gay laws. They ranged from local measures outlawing men from “impersonating a female” to the widespread criminalization of same-sex sexual activity. In fact, it wasn’t until the landmark 2003 Supreme Court case Lawrence v. Texas that gay sex was decriminalized throughout the country.

THE REPORTS, SURVEYS & STUDIES

  • A 2015 report highlights the numerous surveys, court cases and academic studies that document the alleged discrimination and harassment of LGBTQ people by law enforcement.
  • The National Center for Transgender Equality’s 2015 U.S. Transgender Survey found 58 percent of trans respondents who said they interacted with police in the previous year alleged they had been harassed by law enforcement. The survey also found 57 percent of respondents said they were uncomfortable contacting police for help.
  • A study published in June in the American Journal of Preventive Medicine found 43 percent of Black sexual minority men experienced police discrimination in the past year. This unequal treatment had a range of negative effects on this community, including high levels of depression and anxiety.
  • Another study published by the Williams Institute in May that found lesbian, gay, bisexual and queer people are six times more likely than the general public to be stopped by police (data about transgender individuals were not available in the datasets analyzed).

THE NEED FOR TRAINING

Toesland explains that a number of law enforcement departments have proactively decided to add LGBTQ programs to their arsenal of training courses. In fact, the largest local police departments in the U.S. —  New York CityChicago, Los Angeles, Philadelphia, Houston and Washington, D.C. — all offer some form of LGBTQ training.

The Metropolitan Police Department in Washington — the sixth largest local police department in the U.S. — has been offering LGBTQ training since 2000, though it expanded its curriculum in 2015. Sgt. Nicole Brown, who has been a supervisor for the department’s LGBT liaison unit for the past three years, said her department was the first in the nation to offer such training.

California became the first state to introduce mandatory training on sexual orientation and gender identity for incoming police officers, after former California Gov. Jerry Brown signed Assembly Bill 2504 into law in late 2018. The bill requires new recruits to undertake training in five unique areas, including understanding the differences between sexual orientation and gender identity and how these aspects of identity intersect with race, culture and religion, as well as learning appropriate terminology around sexual orientation and gender identity.

My opinion? The increase in LGBTQ-specific police training is a positive step forward. Not only can training help the LGBTQ community, but it can help police departments do their job better, especially those that are really invested in community policing. These trainings can really help get to a place where LGBTQ communities feel comfortable working with law enforcement, and actually enable police to do their jobs better and more safely.

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

Has Crime Increased?

Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing

Very interesting article from freelance reporter Robert Cherry of The Hill.  It posits that although many individuals have benefitted from justifiable changes in bail and sentencing, crime has also increased.

Hill reports that in 2020, Philadelphia homicides totaled 499 — 40 percent above the previous year and just below a peak number of 500 in 1990, when the city’s population was virtually the same as today. And through July, Philadelphia is on pace to break its homicide record.

Also according to Hill, in January 2021 alone, there were 59 car-jackings, up from 18 at the same time last year, according to the Philadelphia Police Department — a more than threefold increase. There were 404 car-jackings in 2020, up from 225 in 2019 and 230 in 2018, according to the department.

A similar dynamic occurred in Chicago. As reported in 2018, Car-jackings have nearly tripled since 2015, with an increasing share committed by juveniles, thanks to a law exempting young carjackers from adult penalties.

Has crime increased?

Yes, according the U.S Department of Justice. It released a report stating that crime increased significantly in 2020. And according to an article from CNN, major American cities saw a 33% increase in homicides last year. The reasons?  The Coronavirus Pandemic, protests against racial injustice and police brutality, and the economy collapsing are all factors.

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.

As Lumber Prices Increase, Theft May Follow

Deputies arrested a man on June 1 who they say tried to steal 32 pieces of lumber, worth more than $2,300, from a Shoreline lumber yard. (Courtesy of the King County Sheriff’s Office)

Interesting article by reporter of the Seattle Times reports that the increase in lumber prices have more than tripled over the past year. Therefore, it was only a matter of time before thieves took note, said the King County Sheriff’s Office.

Earlier this month, deputies arrested a man trying to get away with more than $2,300 worth of wood from a locked lumber yard, the sheriff’s office said Thursday in a Facebook post.

“We’ve seen this with copper prices a number of years ago,” King County sheriff Sgt. Tim Meyers told KING 5. “We saw this with catalytic converter thefts as those minerals spiked, and our concern is that lumber thefts are going to be the new catalytic converter thefts as thieves try to profit in this spike in cost.”

Catalytic converters, however, don’t usually require a truck to cart away.

According to the article, on June 1, an employee of Dunn Lumber on North 185th Street in Shoreline called dispatchers around 3:30 a.m. The employee was watching a live camera feed of the lumber yard, where a suspect could be seen taking 32 pieces of lumber from the locked space and stacking them up near an entry point where a Dodge Durango sat waiting, police said. The man was arrested and booked into the King County Jail for investigation of commercial burglary.

As lumber prices hit all-time highs, theft seems to be on the rise – and not just in Washington. In early May, a Texas man was arrested for stealing an amount of lumber greater than $500 but less than $20,000. In April, Tennessee’s Department of Agriculture warned landowners to secure their properties as lumber thefts are rising in the state. On May 21, 144 sheets of plywood – valued at over $10,000 – were stolen from a job site in Florida. 

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

U.S. Prison Trends

Mass Incarceration, Then and Now | The New Yorker

The Sentencing Project devised a fact sheet which provides a compilation of major developments in the criminal justice system over the past several decades. Some highlights are as follows:

  • Mass Incarceration – The United States is the world’s leader in incarceration with 2 million people currently in the nation’s prisons and jails — a 500% increase over the last forty years.
  • Drug Policy – At the federal level, people incarcerated on a drug conviction make up nearly half the prison population. At the state level, the number of people in prison for drug offenses has increased nine-fold since 1980, although it has begun declining in recent years.
  • Racial Disparities – Black men are six times as likely to be incarcerated as white men and Latinos are 2.5 times as likely. For Black men in their thirties, about 1 in every 12 is in prison or jail on any given day.
  • Youth – Although youth detention populations are declining, youth of
    color enter the system much more frequently than white youth and are more likely to be sentenced to harsher terms of punishment. In addition, young people are transferred to the adult system each year and tried as if they were adults, and many are sent to adult prisons and jails to serve their sentences.
  • Felony Disenfranchisement – As of 2020, 5.2 million Americans were unable to vote due to state felony disenfranchisement policies.
  • Life Sentences – The number of people serving life sentences endures even while serious, violent crime has been declining for the past 20 years. This population has nearly quintupled since 1984. One in seven people in prison are serving life with parole, life without parole, or virtual life (50 years or more).

The Sentencing Project is a non-profit agency that promotes effective and humane responses to crime that minimize imprisonment and criminalization of youth and adults by promoting racial, ethnic, economic, and gender justice.

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.

Discarded DNA Admissible

I 100% volunteered to do it': How bakery worker got DNA to crack 30-year-old murder case - ABC News

In State v. Bass, the WA Court of Appeals held the admission of DNA profiles developed from a plastic cup and a soda can that the defendant discarded in a garbage can at his place of employment was proper.

BACKGROUND FACTS

In November 1989, 18-year-old Amanda Stavik, a freshman at Central Washington University, returned home to rural Whatcom County to celebrate Thanksgiving with her family. On Friday, November 24, 1989, Stavik decided to go for a run with the family dog, Kyra. Her route took her down the defendant Timothy Bass’s residence. She never returned home.

On Monday, November 27, 1989, law enforcement found Stavik’s naked body in shallow, slow-moving water of the Nooksack River. During the autopsy, Whatcom County medical examiner Dr. Gary Goldfogel found semen in Stavik’s vagina and, based on the sperm count, concluded sexual intercourse had occurred no more than 12 hours before her death. This evidence led the State to conclude that someone had kidnapped and raped Stavik while she was out on her Friday afternoon run and that she had died while fleeing her captor.

Dr. Goldfogel preserved the samples he collected and sent them to the FBI and the Washington State Patrol Crime Lab for analysis. The Crime Lab developed a male deoxyribonucleic acid (DNA) profile from the sperm. The police investigation led to several suspects whom they later excluded when their DNA did not match the DNA in the sperm sample. Eventually, the case went cold.

In 2009, Detective Kevin Bowhay reopened the investigation and began asking for DNA samples from anyone who lived in the area or who may have had contact with Stavik near the time of her death. Over the course of the investigation, Det. Bowhay and his team collected more than 80 DNA samples for testing.

In 2013, Det. Bowhay asked Bass for a DNA sample. When Det. Bowhay indicated he was investigating Stavik’s death, Bass acted as if he did not know who she was, “looked up kind of, um, kind of like he was searching his memory” and said “oh, that was the girl that was found in the river.” Bass told Det. Bowhay that he did not really know Stavik and initially said he did not know where she lived. Bass refused to provide a DNA sample.

Bass’s refusal of a DNA sample raised suspicions. At this time, Bass was working as a delivery truck driver for Franz Bakery. Detective Bowhay reached out to Kim Wagner, the manager of the Franz Bakery outlet store. The detective informed Wagner he was looking for items that Bass might cast off that may contain his DNA.

In August 2017, Ms. Wagner saw Bass drink water from a plastic cup and throw the cup away in a wastebasket in the bakery’s employee break room. She collected that cup and stored it in a plastic bag in her desk. Two days later, she saw Bass drink from a soda can and, again, after he discarded it in the same trash can, she retrieved it and stored it with the cup. Det. Bowhay did not direct Wager to take any items and did not tell her how to handle or package these items.

Wagner contacted Det. Bowhay via text to let him know she had two items Bass had discarded in the garbage. Det. Bowhay met Wagner in the Franz Bakery parking lot, picked up the items, and sent them to the Washington State Crime Lab for analysis. The Crime Lab confirmed that the DNA collected from Bass’s soda can and cup matched the male DNA collected from the semen in Stavik’s body.

The State arrested Bass and charged him with first degree felony murder, rape and kidnapping. In pretrial motions, the trial court denied Bass’s motion to suppress the DNA evidence obtained from items Wagner collected at the Franz Bakery. In 2019, a jury convicted Timothy Bass of all charges.

On appeal, Bass challenged, among other things, the admissibility of DNA evidence linking him to the crime. His argument on appeal was that Wagner acted as a state agent when she collected his discarded items without a warrant.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals began by saying the Exclusionary Rule – a law that prohibits the use of illegally obtained evidence in a criminal trial – does not apply to the acts of private individuals. However, evidence discovered by a private citizen while acting as a government agent is subject to the rule.

“To prove a private citizen was acting as a government agent, the defendant must show that the State in some way ‘instigated, encouraged, counseled, directed, or controlled’ the conduct of the private person.” ~WA Court of Appeals.

The Court further reasoned that the mere knowledge by the government that a private citizen might conduct an illegal private search without the government taking any deterrent action [is] insufficient to turn the private search into a governmental one. For an agency relationship to exist, there must be a manifestation of consent by the principal [the police] that the agent [the informant] acts for the police and under their control and consent by the informant that he or she will conduct themselves subject to police control.

Consequently, the Court of Appeals rejected Bass’s argument and upheld the trial court’s findings that Ms. Wagner was not an agent at the time she pulled Bass’s cup and soda can from the trash and gave it to police:

“Det. Bowhay and Wagner both testified that Det. Bowhay did not ask or encourage Wagner to look for items to seize and did not tell her what type of items to take. Wagner testified Det. Bowhay did not instruct her to find an item containing Bass’s saliva; she made that assumption based on her husband’s experience in doing an ancestry DNA test and on watching television crime shows. Wagner confirmed that Det. Bowhay did not encourage her to find Bass’s DNA and gave her no guidance in how to do so.” ~WA Court of Appeals.

The co-worker who pulled the cup and soda can from the trash, was not acting as a government agent when she retrieved the items. The co-worker, not the detective, conceived of the idea of watching the defendant to see whether he discarded any items at work and the detective did not tell her how to handle any items collected.

With that, the Court concluded that Detective Bowhay did not direct, entice, or control Wagner and Wagner was not acting as a state agent when she retrieved Bass’s cup and soda can from the workplace trash can. “These findings in turn support the legal conclusion that Wagner’s seizure of Bass’s discarded items and the DNA evidence was not the fruit of an unlawful search.” The Court upheld Bass’s convictions.

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

New Law Offers Prison Alternatives for Mentally Ill

Mentally Ill Inundate State Prisons | Connecticut Public Radio

Reporter Austin Jenkins of the Northwest News Network wrote an article reporting that Washington Gov. Jay Inslee has signed a measure that will soon offer an alternative to prison for people with a serious mental illness who commit a crime.

Under the new law signed Monday by Inslee, judges will have the option to sentence a person to community supervision and treatment in lieu of prison. Washington already offers sentencing alternatives for certain drug offenders and certain sex offenders.

The program — which takes effect July 25 —will be open to individuals who are convicted of a felony crime that is not a serious violent offense or a sex offense. The person would have to be willing to participate in the sentencing alternative, the court would have to determine the individual would benefit from community-based supervision and treatment, and the opinion of the person’s victim would also be considered.

If the person were to violate the conditions of the sentencing alternative, they could be sent to prison to serve their sentence.

My opinion? Excellent idea. Data suggests that people in the criminal justice system are more likely to suffer from mental health problems than the general population. Our sentencing should be sensitive to these problems.

Please contact my office if you, a friend or family member are charged with a crime and mental health is an issue. Substantive defenses such as Diminished Capacity are helpful. Hiring an effective and competent defense attorney is the first and best step toward justice.

Domestic Violence: The Pandemic Within the Pandemic

Image result for coronavirus domestic violence

Excellent article by Jeffrey Kluger of Time discusses how growing evidence shows the Coronavirus Pandemic has made Domestic Violence more common—and often more severe.

Surveys around the world have shown domestic abuse spiking since January of 2020—jumping markedly year over year compared to the same period in 2019. According to the American Journal of Emergency Medicine and the United Nations group U.N. Women, when the pandemic began, incidents of domestic violence increased 300% in Hubei, China; 25% in Argentina, 30% in Cyprus, 33% in Singapore and 50% in Brazil. The U.K., where calls to domestic violence hotlines have soared since the pandemic hit, was particularly shaken in June by the death of Amy-Leanne Stringfellow, 26, a mother of one and a veteran of the war in Afghanistan, allegedly at the hands of her 45-year-old boyfriend.

In the U.S., the situation is equally troubling, with police departments reporting increases in cities around the country: for example, 18% in San Antonio, 22% in Portland, Ore.; and 10% in New York City, according to the American Journal of Emergency Medicine. One study in the journal Radiology reports that at Brigham and Women’s Hospital in Boston, radiology scans and superficial wounds consistent with domestic abuse from March 11 to May 3 of this year exceeded the totals for the same period in 2018 and 2019 combined.

And as the pandemic has dragged on, so too has the abuse. Just as the disease continues to claim more lives, quarantine-linked domestic violence is claiming more victims—and not just women in heterosexual relationships. Intimate partner violence occurs in same-sex couples at rates equal to or even higher than the rates in opposite sex partners.

What’s more, the economic challenges of the pandemic have hit same-sex couples especially hard, with members of the LGBTQ community likelier to be employed in highly affected industries like education, restaurants, hospitals and retail, according to the Human Rights Campaign Foundation. That means higher stress and, concomitantly, the higher risk that that stress will explode into violence.

Please read my Legal Guide titled Defending Against Domestic Violence Charges and  contact my office if you, a friend or family member are charged with a DV crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA: Bad State to Drive

New Jersey - We Live In The 8th Worst State To Drive In

Apparently, Washington is one of the nation’s worst states to drive in, according to a new study released Tuesday.

The study, by personal finance website WalletHub, found that Washington ranks as the third-worst state for drivers, thanks mainly to steep gas prices, high rates of car theft, poor overall road quality, traffic congestion and other factors.

The only states with a worse rating than Washington are California and Hawaii, the report found. The best state for drivers is Texas, followed by Indiana at No. 2 and North Carolina at No. 3, according to the analysis.

The study arrived at the rankings by comparing all 50 states across 31 key metrics, such as traffic congestion, gas prices, auto maintenance costs, car theft rate and number of days with precipitation.

Specifically, the analysis found that Washington has the third-highest gas prices in the nation, the eighth-worst roads and ninth-highest car theft rate.

The only categories in which Washington was rated above average were its overall safety ranking, the number of car dealerships per capita and the number of auto repair shops per capita. The study also found that traffic congestion costs U.S. drivers $88 billion per year and wastes 99 hours of their time.

It’s also heartening to officials with Washington State Patrol and the Washington Traffic Safety Commission, which are among the agencies working toward Target Zero, a statewide effort to eliminate all fatal and serious injury traffic incidents by 2030. Critics of strict enforcement of speed limits charge that the link between speed and safety is exaggerated because of biases embedded in data collection and inaccuracies found in some police reporting on accidents.

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

Covid & Drug Overdoses

Coronavirus Leads to More Drug Overdose Deaths · Napoli Shkolnik

Excellent article by Adriana Belmonte of yahoo!news reports that the Coronavirus Pandemic has had devastating mental health effects on Americans, and drug abuse is hitting record levels.

New data from the Centers for Disease Control and Prevention (CDC) revealed that over 81,000 drug overdose deaths occurred in the U.S. in the 12-month period ending in May 2020. That’s the highest number ever recorded by the CDC.

“This pandemic and all that’s come along with it has really just exacerbated those vulnerabilities and the shortcomings of our own approach to treating those people.” ~Dr. Ryan Marino, a medical toxicologist and emergency physician based out of Ohio.

Ms. Belmonte reports that in San Francisco, the number of overdose deaths (621) outpaced COVID-related deaths (173) in 2020. And more than 40 states reported annual increases in opioid overdose deaths, “as well as ongoing concerns for those with a mental illness or substance use disorder,” according to the American Medical Association.

According to Belmonte, a CDC survey in June found that 40.9% of Americans reported at least one adverse mental or behavioral health condition, with 13.3% of respondents having started or increased substance use to cope with stress or emotions related to COVID-19:

Please contact my office if you, a friend or family member face criminal allegations such as Drug Charges, Assault or Domestic Violence. Chances are, the various compounding stresses brought by the Coronavirus Pandemic could factor into the allegations. Hiring and experienced and effective criminal defense attorney is the first and best step towards justice.

DUI’s Raise Insurance

Best Car Insurance Options After A DUI

Great article by Andrew Hammond of the Tacoma News Tribune says that according to the Northwest Insurance Council, extra patrols will be deployed to look out for impaired motorists this holiday season. And unfortunately, it doesn’t stop there.

Hammond also reports that NW Insurance Council President Kenton Brine said, “Long after the arrest, conviction, possible jail time and fines, the consequences of having a DUI citation can continue to increase the cost of insurance for offenders.”

“To an insurer, having a DUI indicates a highly risky driving history, which is a primary factor insurers use to determine auto insurance premiums. Insurance companies may review a motor vehicle report upon renewal of an auto policy to discover any citations, including a DUI. Drivers with an infraction for DUI would likely see a premium increase or surcharge, or their policy may not be renewed.”  ~Kenton Brine, President of the Northwest Insurance Council.

DUIs can be caused by the use of marijuana, prescription drugs and even over-the-counter drugs like Nyquil and Ambien as well as alcohol.

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.