Tag Archives: Mt. Vernon Criminal Defense Attorney

“I’m On The Fence . . .”

Bellingham Defense Attorney, Jury Selection, Jury Trial, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Buyers and Sellers: Time to Get Off the Fence | Framingham, MA Patch

In State v. Smith, No. 83187-9-I (August 21, 2023), the WA Court of Appeals held that a juror who says, “I’m on the fence” during jury selection should have been excused. If the juror is “on the fence” then the Prosecutor has not carried its burden.

BACKGROUND FACTS

Mr. Smith Nathan was charged with rape of a child in the first degree. During jury selection, Juror #27 was unable to commit to applying the presumption of innocence. When asked whether, if she disagreed with everyone else in the jury, she would be tempted to “change her vote to whatever the rest of the group thinks, even if she personally didn’t feel that way,” Juror #27 answered she would not:

“If I was a 100 percent very confident, then no. But if I was like, I believe this evidence, or whatever, but I am kind of like, on the fence, then I may agree with everyone.” ~Juror #27 (emphasis supplied)

Because Smith had exhausted his peremptories, Juror #27 was empaneled after the court denied his for-cause challenge. Later, Smith was convicted as charged. He appealed his conviction on arguments that the trial judge seated a biased juror.

COURT’S ANALYSIS AND CONCLUSIONS

The Court of Appeals began by saying the accused has a federal and state constitutional right to be tried by a fair and impartial jury. Trial judges have an independent duty to protect that right by excusing jurors who have actual or implied bias. “Actual bias” is defined by statute as “the existence of a state of mind on the part of the juror in reference to the action, or to either party, which satisfies the court that the challenged person cannot try the issue impartially and without prejudice to the substantial rights of the party challenging.” RCW 4.44.170(2). 

The Court reasoned that being “on the fence” directly implicates proof beyond a reasonable doubt. If a juror is on the fence, the State has necessarily failed to satisfy its burden to prove the elements beyond a reasonable doubt. Simply agreeing with everyone when “on the fence,” means that the State has failed to meet its burden. This result contradicts the instructions on the law and deliberation process.

“There is nothing neutral about the presumption of innocence. Even after correction from the trial court, Juror #27 did not understand her duty as a juror and demonstrated an inability to serve as the law requires. Jurors who exhibit prejudice by being unwilling or unable to follow the law or participate in deliberations are unfit to serve on the jury. A jury should be composed of jurors who will consider and decide the facts impartially and conscientiously apply the law as charged by the court. Jurors who cannot apply the law, including those who cannot apply the burden of proof because they fail to understand it, are not impartial.” ~WA Court of Appeals.

With that, the Court of Appeals reversed Mr. Smith’scriminal conviction.

My opinion? Excellent work by the defense in exhausting their peremptory challenges, moving to excuse Juror #27 for cause and preserving the record for appeal when the judge denied the motion for cause. Constitutional law requires that jurors be impartial. They must fairly evaluate evidence and wait until the end of the trial to decide on a defendant’s guilt in a criminal case.

I’ve chosen well over 40 juries in my career. Finding impartial jurors is extremely difficult. As this case shows, however, it is suitable for all parties – including the Judge and Prosecutor – to excuse impartial jurors as quickly as possible.

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.

Forensic Genetic Genealogy Is Admissible Evidence At Trial

Bellingham Defense Attorney, DNA, Forensics, Homicide & Manslaughter, Mount Vernon Criminal Defense Attorney, Search and Seizure, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

How DNA was discovered and the cases it has helped solve

In State v. Hartman  the WA Court of Appeals held a defendant has no privacy interest in bodily fluids that he “abandons” at a crime scene. A defendant also lacks standing to challenge a search of the DNA of relatives that were voluntarily uploaded to a public database.

BACKGROUND FACTS

In 1986, MW, a 12-year-old girl, was raped and murdered in a Tacoma park. The killer left semen on MW’s body, but his DNA did not match that of any suspects or anyone in police databases for the next 30 years.

In 2018, police enlisted Parabon Nanolabs, a DNA technology company, to analyze the killer’s DNA and to upload it into GEDmatch, a consumer DNA database, looking for partial familial matches that would help identify the killer. Police did not secure a warrant to analyze the abandoned DNA or to compare it with DNA in the GEDmatch database.

Parabon learned that several of the killer’s cousins had DNA in the GEDmatch database. Parabon used information from the database and public records to construct family trees. Parabon then directed police to try to obtain a DNA sample from Gary Charles Hartman. Police obtained a discarded napkin containing Hartman’s DNA, and it matched the DNA from semen on MW’s body. The State charged Hartman with first degree felony murder.

Before trial, Hartman moved to suppress the DNA evidence, arguing that Parabon’s comparison of the DNA sample from the crime scene to the GEDmatch database was unconstitutional. He also asserted that the DNA later collected from the napkin directly linking him to the murder was inadmissible as fruit of the poisonous tree. Hartman did not argue below that he had any privacy interest in DNA left at the crime scene, nor did he challenge the collection and testing of DNA from the discarded napkin.

The trial court ruled that Hartman did not have legal standing to challenge the comparison of the DNA from the crime scene to DNA in the GEDmatch database because he did not have a privacy interest in his cousins’ DNA in the database. In addition, Hartman’s relatives had voluntarily uploaded their DNA into the GEDmatch database, and the DNA that Hartman left at the crime scene was abandoned and not private. The trial court denied the motion to suppress. After a bench trial on stipulated facts, the trial court convicted Hartman.

Hartman appealed his conviction. He argues that analyzing the DNA sample from the crime scene and comparing it with the GEDmatch database to look for his relatives’ DNA disturbed his private affairs in violation of article I, section 7 of the Washington Constitution. Thus, he argues that he had standing to challenge the DNA comparison. In oral argument, he asserted for the first time that he has a privacy interest in the DNA from the semen abandoned at the crime scene.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals held there is no privacy interest in commonly held DNA that a relative voluntarily uploads to a public database that openly allows law enforcement access.

“Hartman claims a privacy interest in the segments of his DNA that his relatives had in common with him. But all that police learned from the GEDmatch analysis was the killer’s familial relations, which brought them closer to learning the killer’s identity. And identifying unknown family members is the exact reason that users of consumer databases, like Hartman’s relatives, post their genetic material on those databases.” ~WA Court of Appeals.

The Court also ruled there is no privacy interest in DNA that one abandons at a crime scene.

“Voluntary exposure to the public is relevant to our inquiry and can negate an asserted privacy interest.

Consequently, the Court reasoned that Hartman lost any privacy interest in the semen he left behind or the DNA it contained. Therefore, Hartman’s attempt to challenge any DNA analysis of the semen he left behind on MW’s body fails.

With that, the Court of Appeals affirmed Hartman’s convictions.

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

Walmart Begins Adding Police Sub-Stations

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Organized Retail Theft, Skagit County Criminal Defense, Theft, Whatcom County Criminal Defense, , , , ,

Walmart is stealing police services from communities – People's World

Excellent article by journalist Jena Warburton reports that Walmart will soon add police substations to their stores.

It’s no secret that it’s been really tough to be a retailer in a post-pandemic world. Inventory shrink, or a loss of goods due to shoplifting, fraud, and errors is at an industry-wide high. It’s getting harder to hire and keep retail workers, as low wages, demanding hours, difficult customers and workplace violence make roles wholly unappealing.

And crime and violence are on the rise. A recent Retail Workplace Survey by Loss Prevention Magazine indicates that 60% of retail workers saw some form of violence on the job over the past 12 months.

Of all of the retailers hit by a rising tide of crime, Walmart may be hit the hardest. The largest retailer in America has locations within 10 miles of 90% of the population. It’s a cheap and convenient place to shop. But that’s also what’s hindered it.

“Theft is an issue. It’s higher than what it has historically been. We’ve got safety measures, security measures that we’ve put in place by store location . . . I think local law enforcement being staffed and being a good partner is part of that equation, and that’s normally how we approach it. If that’s not corrected over time, prices will be higher, and/or stores will close.” ~Walmart CEO Doug McMillon

According to journalist Jena Warburton, that premonition proved to be true. Just halfway through 2023, 22 Walmart stores had closed as of June. Four of those stores were in Chicago alone (eight were in Illinois).

Some of those fundamental business challenges are violent and nonviolent crimes in more populous or urban areas. It’s also why two Atlanta-based Walmart locations closed, after suspected arson permanently shuttered both the Howell Mill Road and Vine City locations.

Walmart is now planning to reopen the Vine City location – with a major upgrade.

WALMART RE-OPENS ATLANTA STORE WITH POLICE SUBSTATION

While the Howell Mill Road Walmart will remain permanently closed, Atlanta Mayor Andre Dickens said the former Vine City Supercenter will reopen with a pharmacy, grocery store, and police station to help combat crime and better serve the neighborhood.

Traffic-Related Deaths Are on the Rise

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Studies, Washington State Patrol, Washington State Traffic Commission, Whatcom County Criminal Defense, , , , ,

These States Have The Most Summer Driving Fatalities

This year is becoming an increasingly deadly year for traffic-related deaths on Washington roads, according to the Washington Traffic Safety Commission (WTSC) and Washington State Patrol (WSP).

The worsening traffic safety crisis is leading to more deaths at this point in 2023 than the year before, the agencies reported on Aug. 30.

As of July, Washington saw 417 traffic-related fatalities, compared to 413 fatalities in July 2022. According to WTSC, 2022 marked the deadliest year on Washington roads since 1990.

“We have seen more multi-fatality crashes in 2023, which is making this a historically deadly year . . . We are announcing these very preliminary figures because we need everyone’s help right now. Driving sober, driving focused, respecting speed limits, and buckling up are the four best ways to save a life.” ~Shelly Baldwin, Director of WTSC

Officials note the “fatal four” common causes of traffic crashes and deaths as impairment, distraction, speeding and not wearing seat belts. Among the 750 people who died on Washington roads in 2022, approximately 75% of those deaths (565 deaths) involved one or more of the fatal four behaviors, according to WTSC.

While more lives have been lost so far in 2023, WTSC says there have been fewer deadly crashes in total – which means crashes are resulting in more losses of life per crash.

“Saving lives on our highways involves everyone’s participation – and that includes passengers. Driver decisions are an obvious factor in fatal collisions, but passengers have a duty to ensure their own safety by always choosing to buckle up. We need this disheartening trend to turn around, and we cannot do that without everyone’s participation.” ~WSP Chief John R. Batiste

The 90 Dangerous Days of Summer, a campaign educating the public, has found that summer months often are the deadliest stretch of time for drivers in Washington. Throughout Labor Day Weekend, state and local law enforcement officials will increase their presence on the roadways as a safety reminder.

“The power to save lives is in the hands of every driver on our roads,” Baldwin said. “Going into Labor Day and the final four months of 2023, we still have time to change this trend. Please get a sober ride if you have used drugs or alcohol. Higher speeds endanger the lives of everyone, so please respect the speed limit. If we practice these simple safety behaviors each day, we can save hundreds of lives so that they will be here to enjoy the holidays with their family and friends.”

WSP also urges bicyclists to always wear helmets and protective gear while all motorists should always keep a cautionary eye out for pedestrians, bicyclists and other roadway users.

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

Labor Day DUI Patrols In Effect

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Uncategorized, Whatcom County Criminal Defense, , , , ,

420 Facelift" planned for WSP Mobile Impaired Driving Unit | Regional | nbcrightnow.com

The Washington State Patrol reports that with Labor Day Weekend, Troopers will be out patrolling both day and night looking for impaired drivers. According to a survey by the Vacationer, more than 57 percent of Americans will be traveling this weekend. King 5 reports that as of yesterday, the WSP has responded to 70 crashes and 16 calls reporting aggressive driving.

WSP and the Washington Traffic Safety Commission recently reported that 2023 is shaping up to be a “historically deadly” year on Washington roadways.

Over Labor Day weekend in 2022, state troopers responded to a number of dangerous incidents in King County. They included 21 DUI arrests, 448 speeding incidents and 118 collisions, with two fatal collisions. The agency also responded to 232 reports of aggressive driving and 60 incidents of distracted driving.

Officials note the “fatal four” common causes of traffic crashes and deaths as impairment, distraction, speeding and not wearing seat belts. Approximately 75% of last year’s deaths involved one of more of the fatal four behaviors.

WSP’S MOBILE IMPAIRED DRIVING UNIT

The Mobile Impaired Driving Unit (MIDU) will be deployed to process suspected DUI offenders and enable patrols to spend as much time as possible on the roadways. The MIDU is a self-contained 36-foot motorhome that has been turned into a mobile DUI processing center and incident command post. When requested, the MIDU travels across the state in support of law enforcement efforts during DUI emphasis patrols or to emergency incidents such as wild land fires or other natural disasters. It’s a full service police station on wheels.

My opinion? Drive with patience and courtesy and expect more traffic throughout the weekend. And please contact my office if you, a friend or family member are charged with DUI, Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Can You Drink Alcohol in the Car as a Passenger?

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Is It Legal To Drink In A Car If Someone Else Is Driving? You Can In These Lucky States - BroBible

Excellent article in the Tri-City Herald addresses the law regarding vehicle passengers with alcohol. In other words, what if you’re a passenger found drinking alcohol in a car, but your driver has not had a drop? How can you expect police to react? Here’s what the law says.

WASHINGTON OPEN CONTAINER LAWS

Under RCW 46.61.519, it is a traffic infraction to drink alcohol in a vehicle on the highway. Even if you aren’t actively drinking, it’s still illegal. You cannot have an open container with an alcoholic beverage in a vehicle on Washington highways.

What counts as an open container? The state law describes it as “a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.”

Passengers with an open container will be responsible for this infraction, not the driver. But it is a primary violation, meaning you can get pulled over for open containers. Police will pull over cars exhibiting concerning behaviors.

Concerning behaviors include speed, following too closely, impaired and distracted driving. But other infractions, like passengers drinking or smoking in the car, are considered concerning as well.

Additionally, you cannot keep an open container in the car unless it is kept somewhere not normally occupied by passengers, like the trunk. This means opened drinks cannot be kept in the glove or utility compartment “for later.” This infraction falls on the registered owner of the car, or the driver if the registered owner is not present.

It is an additional infraction to try and disguise an alcoholic beverage in order to get around this state code. These traffic infractions come with a fine of $136.

If minors are involved in any of the aforementioned infractions, there is potential for an additional charge for a Minor in Possession of Alcohol. This is assessed on a case-by-case basis, according to Thorson.

OPEN CONTAINER LAW EXCEPTIONS

There are some exceptions to this, however. The code does not apply for open containers:

  • In public services commercially chartered for group use, like a party bus
  • In the living quarters of motors homes or campers
  • With passengers in a licensed for-hire vehicle (not rideshares), like a limousine
  • When a privately-owned vehicle is driven by a licensed employee under normal work conditions, like a cart girl

As you can see, there aren’t very many exceptions to the laws about open containers. As we’ve seen, the most common one is the outside the passenger area exception. If the open container is in a part of the car that is inaccessible to passengers, it won’t get you in trouble. Generally, this means the trunk.

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

Organized Retail Theft On the Rise

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Organized Retail Theft, Skagit County Criminal Defense, Theft, Whatcom County Criminal Defense, , , , ,

Organized retail crime wave must be stopped | Fox News

Journalist Nathan Bomey for Axios.com wrote an article reporting that people aren’t paying retailers for merchandise. The data suggests that the scale and complexity of Organized Retail Theft schemes seems to be on the rise.

WHAT IS ORGANIZED RETAIL THEFT?

Organized retail crime (ORC) is the large-scale theft of retail merchandise with the intent to resell the items for financial gain. ORC typically involves a criminal enterprise employing a group of individuals who steal large quantities of merchandise from a number of stores and a fencing operation that converts the stolen goods into cash. Stolen items can be sold through online auction sites, at flea markets and even to other retailers.

In addition to targeting stores, ORC gangs engage in cargo theft activities. They also commit other frauds such as using stolen or cloned credit cards to obtain merchandise, changing bar codes to pay lower prices, and returning stolen merchandise to obtain cash or gift cards. ORC is distinct from ordinary shoplifting committed by individuals seeking goods for personal use.

In April, the National Retail Federation reported that retailers experienced a 26.5% increase in organized retail theft incidents in 2021.

“Organized retail theft schemes typically involve careful planning and deliberate targeting, while perpetrators have specialized roles, including inventory management, marketing and sales fulfillment.” ~National Retail Federation

 Retailers are already grappling with an uncertain economy, a shift toward spending on services, and rising labor costs. Clearly, the last thing they need is another threat to the bottom line.

However, it’s also unjust to charge people for crimes they did not intentionally commit. Organized Retail Theft is a crime of dishonesty with the potential to cause major setbacks in people’s lives, careers and trajectories.

CAN A DEFENDANT RAISE A LEGAL DEFENSE?

Yes. A few common defenses include showing that you did not act with an accomplice or that the value of the property stolen was below the suggested amount. Defendants can also contest an organized theft charge by showing that the police violated one of their constitutional rights. For example, maybe the police arrested an offender without probable cause, or coerced a confession.

In both of these instances, a prosecutor may decide to reduce your charge or drop it altogether.

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.

Bellingham Considers “Open Carry” Ban

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Judge strikes down Election Day open carry ban at Michigan polls - mlive.com

Bellingham is considering a ban on firearms, except for people who are licensed to carry a concealed pistol, at City Hall and at sports facilities such as the Civic Athletic Complex.

The measure would apply only to rifles, pistols and shotguns carried openly. However, it would not apply to individuals who have a concealed pistol license.

According to the Herald, Mayor Seth Fleetwood seeks the ordinance because of an incident at a Bellingham high school graduation ceremony in June. There, police disarmed a teenage boy as he was reaching for a pistol during a fight.

Fleetwood was asking the council to “adopt state law by reference” into municipal code, allowing prosecution of such offenses in Bellingham Municipal Court. Consideration of the ordinance could come as early as Sept. 11, the City Council’s next regularly scheduled meeting.

CONCEALED CARRY PERMITS

A total of 15,919 Whatcom County residents had a concealed pistol license from the state Department of Licensing in 2021, according to data released to The Bellingham Herald under a public records request.

Officials at the Whatcom County Sheriff’s Office were approving about 2,400 such permits annually, and Bellingham Police were issuing slightly fewer than 100 licenses a year, according to Herald reporting in 2021.

Anyone can apply for a concealed pistol license for $36, after passing a background check and submitting their fingerprints. according to state law.

CITY HALL CONFRONTATION

Tempers flared over a perceived threat to firearms possession in March 2020 as the Bellingham City Council updated a measure that grants special powers to the mayor in an emergency.

In that incident, anti-tax activist Tim Eyman appeared at City Hall with several dozen supporters. He falsely claimed that the measure would violate the Second Amendment. A confrontation inside the Council Chambers delayed the start of that meeting for several minutes.

WHAT IS “OPEN CARRY?”

Open Carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To “carry” in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as “brandishing” and may constitute a Firearm Offense. that is not the mode of “carrying” discussed in this article.

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

Alcohol vs. Cannabis vs. Tobacco: What’s the Worst?

Bellingham Defense Attorney, Drug Offenses, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Weed Seems to Protect Your Liver From the Effects of Hard Drinking

Intriguing article in The Hill by Journalist Alix Martichoux discusses medical advice on what substances harm health the worst: alcohol, tobacco or marijuana?

Although the doctors disagreed on what substance was most harmful, all three doctors agreed that marijuana was the least harmful.

Dr. Anand Akhil, a behavioral health doctor with Cleveland Clinic, said that when it comes to generalizing for the average person, alcohol was the worst, followed by tobacco.

“Alcohol use is linked to over 200 health conditions and diseases, damaging every organ system in the body . . . Depression, anxiety, dementia, cancers, heart and liver disease, and bone disease can all result from alcohol consumption. Similarly, tobacco use is largely connected to serious cancers, chronic obstructive pulmonary disease, and cardiovascular diseases.” ~Dr. Anand Akhil

Dr. Kevin Most, chief medical officer at Northwestern Central DuPage Hospital, agreed in a recent interview with WGN Radio.

“I would certainly rank alcohol No. 1.  . . . I’m going to say that alcohol in moderation is OK, but too much alcohol is going to have impact on many illnesses.” ~Dr. Kevin Most

The harms of consuming tobacco, Dr. Most said, could be largely reversed when people stop smoking earlier in life. “If people understand the the risk of lung cancer, based on how many years you’ve been smoking and how much you’ve been smoking, if you stop that smoking at an early age … your lungs can reinvigorate and get back almost to normal.”

But Glickman disagreed, and ranked tobacco as worst due to the fact it has no proven health benefits.

“Tobacco I would argue is the worse substance of the three, given it has no conceivable benefit even in light amounts, and considerable risks. Tobacco has been linked to increases in heart disease, cancers, and premature mortality, among others . . . Alcohol on the other hand, could have benefits at light or moderate amounts, but then risks with large amounts.” ~Dr. Glickman

He said red wine in particular contains antioxidants, and pointed to studies showing up to one glass per day can reduce inflammation in blood vessels.

But all three doctors agreed on which ranked least harmful to the average person’s health.

“I would put marijuana third, mainly because we know that there’s a lot of medicinal uses for marijuana and used in the right format and in the controlled environment is fine,” Most said. He said chemotherapy patients often credit cannabis as the only thing keeping their appetite up, allowing them to get nutrition they need.

Glickman said evaluating cannabis’ healthfulness and harmfulness is more complicated than the other two.

“The available evidence suggests that cannabis could be of benefit when medically supervised as part of a treatment plan for certain conditions such as chronic pain, anxiety, trauma, insomnia, and muscular disorders, among others,” he said. But Glickman went on to say cannabis use could make certain mental health issues worse, as well as impair memory and concentration.

He said the data suggests there is an extra risk to young adults whose brains aren’t fully developed.

Plus, Akhil noted, while the U.S. Department of Agriculture and Health and Human Services have guidelines on how much alcohol adults can consume in moderation (up to two drinks a day for men, one drink for women), there are no such guidelines for safe cannabis or tobacco use.

“I think negative health consequences could be possible for all of the three substances, even in moderate amounts, depending on the person and situation,” Glickman said. “There is no foolproof vice.”

All three experts emphasized each person is unique, and you should always talk to your doctor about your specific situation.

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

UW Study Uncovers Acts of Violence Against Federal Detainees

Bellingham Defense Attorney, Jail, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Arizona migrant detention center officers verbally abused detainees, used excessive force and chemical agents, report alleges | 12news.com

A new report documents the use of pepper spray and physical force used against immigrants detained at the Northwest ICE Processing Center in Tacoma. These acts of violence involved detainees engaged in peaceful protest and those with a history of mental illness.

In 2020, for example, a guard reportedly placed his knee on a detainee’s neck, prompting others to chant “Black Lives Matter” and “get your knee off his neck.” The man from Sudan told Tacoma police that guards had twisted back his arms and shoulders to the point where he lost feeling in them. He was eventually placed on suicide watch and taken to a psychiatric facility. He said he would rather die than continue to be held at the detention facility.

One year later, the man reportedly threatened suicide, tying his bedsheets together and attaching them to his upper bunk.

“It became clear that there really were patterns of escalating cycles of uses of force against some specific individuals about whom we were really concerned. And one of those categories was folks facing mental illness.” ~Angelina Godoy, Director, UW Center for Human Rights

Godoy said detainees cannot directly call 911 from inside the detention facility and have almost no way of responding to abuse.

Altogether, the report details 70 incidents from 2015 to 2023 where force was used at the ICE facility in Tacoma. Over the last seven years, that translates to, on average, one incident of force at the facility each month, researchers said.

Researchers primarily relied on government documents, but also on Tacoma police reports, court records, and reports from the activist group La Resistencia to document the uses of force. Even so, researchers point out the records they relied on are incomplete because the agency often fails to either document the incident, or comply with public records laws. The UW Center for Human Rights has pursued litigation against the agency to obtain documents in 28 different cases.

In another incident in 2018, involving a peaceful protest, more than 100 detainees at the ICE detention center in Tacoma went on a hunger strike.

Jesus Chavez testified in court that during the strike he was punched with a closed fist, and that other hunger strikers were choked and thrown against walls. Chavez also said officials refused to take him to the hospital, even though doctors recommended it, but simply gave him painkillers.

Detainees at the ICE facility in Tacoma are there because they are waiting for the outcomes of their immigration proceedings — not because they’ve been charged with a crime.

Efforts to more closely monitor the facility, or shut it down altogether, have been challenged in court. A new law authorizes the state Department of Health to inspect the ICE facility in Tacoma on a regular basis, but GEO Group — the private prison company that runs the facility — promptly sued the state over the legislation.

Godoy pointed to a previous report by the UW Center for Human Rights that showed the ICE detention center in Tacoma keeps detainees in solitary confinement longer than any other ICE facility in the country.

When someone is charged with a crime, they may be incarcerated regardless of their innocence.  If they cannot afford the bond, they have to sit in jail until their case is resolved. Unfortunately, it is irrelevant whether or not the person actually committed the crime at this point. They will languish in jail for at least as long as it takes for their case to be resolved.  This can take months, and in some cases over a year.

Please review my legal guide Making Bail and contact my office if you, a friend or family member are incarcerated pending charges. Hiring an effective and competent defense attorney is the first and best step toward justice.