Tag Archives: Mt. Vernon Criminal Defense Attorney

Forged Bank Applications

Bellingham Defense Attorney, felony, Forgery, Money Laundering, Mount Vernon Criminal Defense Attorney, Sixth Amendment, Skagit County Criminal Defense, Theft, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Victim of union forgery files lawsuit

In State v. Smith, the WA Court of Appeals held that a forged bank application is a “written instrument” under Washington’s forgery statute.

BACKGROUND FACTS

Smith’s convictions arose from his involvement in certain transactions with his two half-brothers. The transactions involved creating auto dealer businesses and using invalid social security numbers to obtain loans from credit unions to purchase cars from the auto dealers. The men then would deposit the loan amount into a bank account for one of the auto dealer businesses but would not actually complete the car sale.

Eventually, Mr. Smith was charged and convicted of one count of first degree theft, two counts of forgery, and one count of money laundering. He appealed his convictions.

COURT’S ANALYSIS & CONCLUSIONS

  1. Legal Principles

The court held the State gave sufficient evidence of forgery. It reasoned that under the forgery statute, “A person is guilty of forgery if, with intent to injure or defraud: (a) He or she falsely makes, completes, or alters a written instrument or; (b) He or she possesses, utters, offers, disposes of, or puts off as true a written instrument which he or she knows to be forged.” Also, the court reasoned that under the common law, a “written
instrument” is defined as a writing that has legal efficacy. Under this definition, “a writing can support a forgery charge only if the writing would have legal efficacy if genuine.”

       2. Legal Sufficiency of Bank Account Applications

The Court gave the statutory definition of a “written instrument” as (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification.

Under this definition, the Court reasoned that a bank loan application fits the definition of a written instrument:

“In general, bank account applications initiate a contractual relationship between the bank and the depositor that, once accepted by the bank, create rights in and impose obligations on both parties. Depositors give money to the bank in exchange for the bank’s services. The bank services the depositor’s account in exchange for fees and the use of the depositor’s funds.” ~WA Court of Appeals

Also, the Court reasoned that the “Certificate of Authority” portion of the bank application provided that anyone who signed the application certified that he or she was authorized to act with respect to the account and any agreements with Wells Fargo, to make payments from the account, and to give instructions to Wells Fargo regarding the transaction of any business relating to the account.

“Therefore, the bank account applications at issue here provided the foundation of legal liability and had legal efficacy under the forgery statute,” said the Court. “Accordingly, we hold that sufficient evidence supports the conclusion that Smith’s bank account applications had legal efficacy.”

        3. The State Established That Bank Account Applications Were Falsely Completed.

Next, the Court rejected Smith’s arguments that even if the bank account applications had legal efficacy, the State failed to establish that they were falsely completed. It reasoned that a social security number is a form of identification, and Smith’s use of the Indiana child’s social security number misrepresented that someone with that social security number was opening a bank account.

“Smith also did not have the authority to use the social security number of the child in Indiana. Accordingly, we hold that sufficient evidence supports the conclusion that Smith falsely completed the bank account applications.” ~WA Court of Appeals

      4. The Trial Court Lawfully Declined the Defendant’s Proposed Jury Instruction.

The Court of Appeals held that the trial court did not err in declining to give Smith’s legal efficacy jury instruction because the legal efficacy of Smith’s bank account applications was a question of law for the trial court.

Under the Sixth and Fourteenth Amendments to the United States Constitution, a criminal defendant is entitled to a jury determination of every element of the charged offense. As a result, the trial court must instruct the jury on all elements of the offense.

The Court reasoned that questions of law are for the court, not the jury, to resolve, and that legal efficacy of an instrument involves issues that are uniquely within the province of the court. “This is particularly true for a document like a bank account application,” said the Court. “The jury would have no basis for determining whether a bank account application has legal efficacy.

Such a determination requires a legal analysis that could be performed only by the trial court.” Consequently, the Court of Appeals held that the legal efficacy of Smith’s bank account applications was a question of law for the trial court. “Accordingly, we hold that the trial court did not err in declining to give Smith’s legal efficacy jury instruction.”

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

Please contact my office if you, a friend or family member face Forgery charges. Hiring an experienced and effective criminal defense attorney is the first and best step toward justice.

Washington Supreme Court Issues Open Letter Confronting Racial Injustice

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

An open letter to white people—from a white coach with young black ...

The Washington Supreme Court issued an extraordinary open letter urging lawyers to take steps to confront racial injustices in society and in the law.

“Recent events have brought to the forefront of our collective consciousness a painful fact that is, for too many of our citizens, common knowledge: the injustices faced by black Americans are not relics of the past. We continue to see racialized policing and the overrepresentation of black Americans in every stage of our criminal and juvenile justice systems. Our institutions remain affected by the vestiges of slavery: Jim Crow laws that were never dismantled and racist court decisions that were never disavowed.”

~WA Supreme Court

Among other things, the Court also said “the legal community must recognize that we all bear responsibility for this on-going injustice, and that we are capable of taking steps to address it, if only we have the courage and the will.”

According to Scarcella, the Washington Supreme Court has been heralded for its diversity. The justices’ letter, a rare public statement from a court about current events, rocketed across social media as lawyers weighed the implications of the court’s declaration, which comes amid national outrage over the police-involved killing of George Floyd in Minnesota. An officer who knelt on Floyd’s neck for eight minutes while he was handcuffed and on the ground has been charged with second-degree murder. Three other officers also face criminal charges for their alleged roles in Floyd’s death.

Kudos to the WA Supreme Court for recognizing that racial injustice exists, and that we, as a legal community, are bound to address it and eradicate it.

Please contact my office if you, a friend or family member face criminal charges. Hiring a competent and experienced criminal defense attorney is the first and best step toward justice.

Police Reform Legislation

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Police Misconduct, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

House Democrats to propose reforms targeting police misconduct ...U.S. House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) and House Majority Leader Steny Hoyer (D-MD) kneel with Congressional Democrats during a moment of silence to honor George Floyd, Breonna Taylor, Ahmaud Arbery and othe

Great article by Jacob Pramuk of CNBC reports that House Democrats unveiled a bill to overhaul police practices as Americans mass daily to protest excessive use of force and systemic racism.

Lawmakers in the House and Senate released the legislation two weeks after the death of George Floyd, the black, unarmed man who died after a Minneapolis police officer knelt on his neck for nearly nine minutes. The killing sparked nationwide furor over sustained brutality against black Americans. His death added to a string of recent killings of black men and women that has led to perhaps the biggest reckoning over racism in the U.S. in decades.

Before introducing the bill, Speaker Nancy Pelosi, Senate Minority Leader Chuck Schumer, Congressional Black Caucus Chair Karen Bass (D-Calif.), Sens. Cory Booker (D-N.J.) and Kamala Harris (D-Calif.) and other top Democrats will first gather in the Capitol in silence for 8 minutes and 46 seconds, the amount of time an officer knelt of Floyd’s neck.

The Democratic legislation would make sweeping changes designed both to deter police use of force and hold officers more accountable for abuses. The federal bill comes as changes start at the local level: most of the Minneapolis city council committed to disbanding and replacing the city’s police force Sunday, while New York City will consider a range of law enforcement reforms.

The bill “establishes a bold, transformative vision of policing in America,” said Congressional Black Caucus Chair Rep. Karen Bass, D-Calif. She said Americans should not have to witness “the slow murder of an individual by a uniformed police officer.” Bass added that the bill has more than 200 co-sponsors in both chambers of Congress.

Here’s some of what congressional Democrats’ bill would do, according to summaries obtained by NBC News and the Associated Press:

  • Reform “qualified immunity” for officers, making it easier for people whose constitutional rights were violated to recover damages
  • Change the federal standard of criminal police behavior from “willful” to acting “knowingly or with reckless disregard,” to address the difficulty of prosecuting officers
  • Start a federal registry of police misconduct and require states to report use of force to the U.S. Justice Department
  • Ban police use of chokeholds and carotid holds, and condition funding for state and local departments on barring the practices
  • Stop the use of “no-knock” search warrants in drug cases in the U.S., while also making state and local money contingent on stopping use of the warrants
  • Give the Justice Department subpoena power to carry out “pattern and practice” investigations into police department conduct
  • Provide state attorneys general with grants to carry out pattern and practice probes and create a process for independent investigations into uses of force
  • Require training on racial bias and implicit bias at the federal level, and condition state and local funding on offering training
  • Curb transfers of military-grade weapons to state and local police
  • Classify lynching as a federal hate crime

According to NBC News, the legislation offers money for only two components: the requirement to track and report use of force and the investigations by state attorneys general, according to NBC News.  The Democratic plan did not meet many activists’ demands to slash — or entirely cut — police funding.

Senate Minority Leader Chuck Schumer said that “in the Senate, Democrats are going to fight like hell” to pass the legislation. He called on Senate Majority Leader Mitch McConnell to bring the bill to the Senate floor and hold a debate on it “before July.”

A White House spokesman did not immediately comment on whether President Donald Trump would back the legislation. On Monday, House Speaker Nancy Pelosi said “the president must not stand in the way of 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.

Inslee Names First Black Woman Justice to Serve on WA Supreme Court

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

Inslee appoints Judge G. Helen Whitener to the Washington State ...

In April, Gov. Jay Inslee announced today the appointment of Justice G. Helen Whitener to the Washington State Supreme Court. She replaces Justice Charles Wiggins, who retired from the bench last month.

Whitener has been a judicial officer since 2013. From 2013 to 2015, she served as a judge on the Board of Industrial Insurance Appeals. Inslee then appointed her to the Pierce County Superior Court in 2015, where she has worked as a judge for over five years, retaining her seat in a 2015 election and winning re-election to a full term in 2016. Before becoming a judge, Whitener litigated criminal cases for 14 years as both a prosecutor and defense attorney.

Whitener is known for her commitment to justice and equity. She serves as co-chair of the Washington State Minority and Justice Commission and as a member of the Civil Legal Aid Oversight Committee. She continues to garner recognition for her work to advance the cause of justice. Last year, Whitener was awarded the Washington State Bar Association’s C.Z. Smith Excellence in Diversity and Inclusion Award, the King County Washington Women Lawyers President Award, the Tacoma-Pierce County Bar Association’s Diversity Award and the Seattle University School of Law’s Woman of the Year Award.

In joining a supreme court that has recently driven major criminal justice reform, and that is generally progressive but often divided, Whitener could determine how boldly it proceeds in years ahead.

Her appointment has drawn attention for boosting the representation of marginalized groups. She is a Black, gay, and disabled immigrant from Trinidad. With her appointment, Washington’s Supreme Court is the most diverse appellate court in the country.

Last year, a Brennan Center for Justice report found that most states’ high courts are “overwhelmingly white and male,” including 24 all-white state supreme courts, and 13 states that have “never seated a person of color as a justice.”

Whitener has often explained that a diverse judiciary — one that fully reflects the population it serves — is essential to maintaining trust and confidence in the rule of law.

“I believe as a marginalized individual, being a Black, gay, female, immigrant, disabled judge, that my perspective is a little different,” she said in February. “So I try to make sure that everyone that comes into this courtroom feels welcome, feels safe, and feels like they’ll get a fair hearing.”

Inslee appoints first Black woman justice to serve on WA Supreme ...

Congratulations, Justice Whitener!

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.

Passive Obstructing

Bellingham Defense Attorney, Drug Offenses, felony, Firearm, Mount Vernon Criminal Defense Attorney, Obstructing, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Extinction Rebellion: Climate protesters dodge arrest after police ...

In State v. Canfield, the WA Court of Appeals held that a defendant’s feigning sleep when first contacted by police and his repeated refusals to obey commands was “Passive Obstructing, and supported an Obstructing a Public Servant conviction.

BACKGROUND FACTS

Law enforcement officers testified that Mr. Canfield feigned sleep when first contacted, disregarded several commands, and tried to start his vehicle as if to drive away from the scene. He also lied about his identity and tried to hide a gun while being arrested. Eventually, he was charged with numerous crimes to include Possession of Methamphetamine, Second Degree Unlawful Possession of a Firearm, Possession of a Stolen Firearm, and Obstructing a Public Servant.

At trial, the court convicted Mr. Canfield of Obstructing in addition to some of the aforementioned charges. He appealed on numerous issues, including whether there was sufficient evidence to arrest to support a conviction for Obstructing.

COURT’S ANALYSIS & CONCLUSION

The Court of Appeals reasoned upheld the lower court’s finding that Mr. Canfield hindered a public servant in the performance of his duties.

In reaching its decision, the Court of Appeals raised and dismissed Mr. Canfield’s argument that his case was similar to State v. D.E.D. That case, which was a favorable legal precedent, involved a defendant who passively resisted an investigatory detention. In that case, the Court of Appeals held the defendant’s passive resistance to being handcuffed did not constitute obstructing a public servant.

“The comparison fails,” said the Court. It further reasoned that the law imposes a duty to cooperate with an arrest and makes it a crime to resist arrest, and actions that hinder an arrest short of resisting can constitute obstructing a public servant.

“Passive resistance to a lawful arrest can constitute obstructing by itself. Here, there was additional evidence beyond the handcuffing incident, including the repeated refusals to obey commands and feigning sleep. Mr. Canfield did not merely refuse to cooperate with the police. He actively tried to hinder them.”

With that, the Court of Appeals concluded the trial court rightfully concluded that Mr. Canfield was guilty of obstructing a public servant.

Please contact my office if you, a friend or family member face criminal charges of Obstructing. Hiring an experienced and effective defense attorney is the best step towards justice.

Memorial Day DUI Patrols

Bellingham Defense Attorney, DUI, felony, misdemeanor, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Vehicular Assault, Vehicular Homicide, Washington State Patrol, Whatcom County Criminal Defense, , , , ,

drunk driving fresno | Fresno Bail Bond Store | No Down Bail Bonds ...

The WA State Patrol (WSP) issued a press release that troopers will be out in full force to ensure motorists have a safe Memorial Day weekend. Extra troopers will be on duty to strictly enforce the “Rules of the Road” and will pay particular attention to dangerous speed, distracted driving, seat belt usage and impaired driving violations.

According to its press release, the WSP has seen a sharp increase statewide in motorcycle fatality collisions over the last few months. In 2020, 12 of the 17 motorcycle fatalities on Washington roads occurred during the month of April. Speeding was a common factor in these almost always preventable collisions. Impaired driving continues to be one of the leading causes of serious injury and fatal crashes in Washington State.

“We will have zero tolerance for drivers who are stopped and are impaired . . . Our troopers will continue to do what it takes to remove these dangerous drivers from our roads.” ~Captain Jeff Otis, WSP District 4 Commander

Also, the WSP encourages motorists who see these types of dangerous driving behaviors to call 911.

Please contact my office if you, a friend or family member face criminal charges like DUI, Reckless Driving, Vehicular Assault or any other crimes involving vehicles. Hiring an experienced attorney is the first and best step towards justice.

Virtual Dating & DV

Bellingham Defense Attorney, Domestic Violence, Mount Vernon Criminal Defense Attorney, No Contact Order, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Behind the Keyboard: Spotting Digital Dating Abuse

What defines a “virtual dating relationship,” especially in today’s age of technology, smart phones, online profiles, dating apps, etc.?

This question is asked quite often. Unfortunately, many people find themselves facing criminal charges before seeking legal advice!

In  C.C. v. J.A.H., a recent and novel case out of the New Jersey Appellate Division, a “dating relationship” under New Jersey’s Prevention of Domestic Violence Act can occur where parties never experienced a traditional, in-person “date.”

BACKGROUND FACTS

The parties met at a gym where the Plaintiff was an employee, and the Defendant a member.  They interacted flirtatiously, and eventually exchanged phone numbers.  This led to a proliferation of text messages between the parties – approximately 1100 text messages over a period of one month.  The Court of Appeals described the text messages as being “exchanged at all hours of the day and night” and as “sexually explicit and suggestive in nature.”  The Appellate Division also found that the Defendant declared his romantic interest during the course of these text messages.

During this period, the parties continued to interact with one another in person (described as “flirtatious” interaction by the Plaintiff), However, both sides agreed that they never went out on a date in the traditional manner.  The Defendant argued they never went on a date.  Accordingly, the Defendant argued, the Plaintiff could not obtain a No Contact Order under the Act.

COURT’S ANALYSIS AND CONCLUSIONS

In short, the New Jersey Appellate Division found that a dating relationship existed.

It characterized the issue as subjective rather than an objective analysis.  It emphasized that although the interactions between these parties may not bear any semblance to “dating” in the eyes of someone perhaps older and with a more traditional view of what it means to date somebody, for the Plaintiff (who was 22 years old), these interactions were part of a normal 21st century dating life.

Ultimately, the sheer volume of the communications and the nature of their content supported the Court’s reasoning:

“[T]he absence of what might be viewed as traditional dating activities and affirmations does not render insignificant the proliferate and exceedingly intimate communications between the parties that underscored their relationship.  Indeed, it is the nature and proliferation of those communications that constituted the parties’ “dating activities” and transformed theirs into a “dating relationship.”

New Jersey is not alone. Indeed, Washington statutes define the term in a manner consistent with the factors that guided the New Jersey Court’s analysis.  In Washington, “Dating relationship” means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

My opinion? This is certainly a cautionary tale. While the law is perhaps notorious for being behind the times, technologically speaking, this decision represents an appropriate understanding of what it means to be in a dating relationship in this day and age and goes a long way to protecting victims of domestic violence who may not have been on any traditional dates, but nevertheless were involved in a dating relationship.

Please contact my office if you, a friend or family member face criminal charges involving Domestic Violence and/or dating relationships. Hiring an experienced criminal defense attorney is the first and best step towards justice.

A Snowmobile IS a Motor Vehicle

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Theft of Motor Vehicle, Uncategorized, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

Search warrant in Innisfil leads to charges in snowmobile theft ...

In an interesting turn – and a razor-thin 5-4 decision – the WA Supreme Court’s State v. Tucker reversed an earlier decision by the WA Court of Appeals and found that a snowmobile IS, in fact, a “motor vehicle” for purposes of Washington’s Theft of a Motor Vehicle statute.

BACKGROUND FACTS

I recently blogged about this case last year. In February 2016, Ms. Tucker and her accomplice broke into a cabin near Stampede Pass. The cabin was accessible only by snowmobiles. The pair stole several items of personal property, including a snowmobile.

The State charged Ms. Tucker with residential burglary, second degree theft, theft of motor vehicle, and third degree malicious mischief. A jury found Ms. Tucker guilty of first degree criminal trespass and theft of motor vehicle, but could not reach a verdict on the charge of second degree theft. The trial court declared a mistrial on that count, and it later was dismissed without prejudice.

Defense counsel, relying on State v. Barnes, filed a motion to arrest judgment on the theft of a motor vehicle conviction. The trial court denied the motion on the ground that the snowmobile was licensed and has a motor. Therefore, her conviction remained unchanged on the theft of a motor vehicle charge.

Ms. Tucker appealed the conviction. The WA Court of Appeals reversed the lower court. Relying on Barnes, a majority of that court held that the statute criminalizes only theft of “a car or other automobile.”

Apparently, the story didn’t end. This time, the State appealed the case to the WA Supreme Court, who seems to have made a final decision on the matter (for now).

COURT’S ANALYSIS AND CONCLUSIONS

The WA Supreme Court reasoned that the WA legislature defined “motor vehicle” as a self-propelled device that is capable of moving and transporting people or property on a public highway.

The Court reasoned that Washington’s vehicle and traffic laws define “Motor Vehicle” as a vehicle that is self-propelled or a vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.  Also, “Vehicle” is further defined as a “device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway.”

“So a motor vehicle is a self-propelled device (a description of its mechanics) that is capable of moving and transporting people or property on a public highway (a description of its function). Where, as here, the legislature has provided a definition, we are not free to create our own.”

It also reasoned that although the trial judge said that a snowmobile is a motor vehicle in part because a snowmobile must be licensed (at least in some situations), the legislature’s definition of “motor vehicle” says nothing about a licensing requirement. “Although such a requirement may provide the courts with a useful test, we cannot simply create a new requirement out of thin air.”

Furthermore, reasoned the Court, a “snowmobile” is a self-propelled device that is capable of moving and transporting people or property on a public highway. Here, the court reasoned that although people generally don’t operate snowmobiles – which are designed for use on snow and ice – on public highways, Washington’s  Snowmobile Act not only makes clear that a snowmobile is capable of moving and transporting people or property on a public highway, at least when the highway is covered with snow or ice, but also makes clear that it is legally permitted to do so.

“In sum, a snowmobile satisfies the definition of “motor vehicle” provided by the legislature.”

Accordingly, the WA Supreme Court reversed the Court of Appeals and affirmed Tucker’s conviction.

Please contact my office if you, a friend or family member face criminal charges like Theft of a Motor Vehicle. Hiring an experienced, competent attorney who knows and understand the law is the first and best step toward justice.

Victim’s Motive To Testify

Assault, Bellingham Defense Attorney, Constitutional Rights, Domestic Violence, Evidence, felony, Immigration, Jury Trial, Mount Vernon Criminal Defense Attorney, Sixth Amendment, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Ulterior Motive

In State v. Bedada, the WA Court of Appeals held that in a domestic violence prosecution involving a citizen-victim and a non-citizen defendant, the trial judge mistakenly suppressed evidence of the victim’s motive to testify.

BACKGROUND FACTS

After a series of alleged incidents of domestic violence, Mr. Bedada was charged with three counts of assault in the first degree and one count each of felony harassment, witness intimidation, and witness tampering.

All of these charges were primarily supported by the testimony of Mrs. Haile, who was the defendant’s wife.

At trial, the judge excluded evidence of Mr. Bedada’s non-citizen immigration status; and more specifically, that he would be deported if convicted of the crimes. As a result, Mr. Bedada was prevented from cross-examining Haile and revealing a motive for her to fabricate her testimony.

Bedada was convicted on all charges except two counts of assault in the first degree. He appeals on the argument that the judge’s decision to suppress his citizenship status was erroneous and without merit.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals explained that the Sixth Amendment to the United States Constitution and article I, section 22 of Washington’s constitution guarantee a defendant’s rights to confront the witnesses testifying against him.

Furthermore, the Court of Appeals said that under Evidence Rule (ER) 401, evidence is relevant if it tends to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. Also, under ER 403,  relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.”

Finally, the court explained that under ER 413(a), evidence of immigration status may only be admitted when the party seeking to admit the evidence follows the procedure set forth under the rule. ER 413(a) states,

“In any criminal matter, evidence of a party’s or a witness’s immigration status shall not be admissible unless immigration status is an essential fact to prove an element of, or a defense to, the criminal offense with which the defendant is charged, or to show bias or prejudice of a witness pursuant to ER 607.” (emphasis supplied).

The court analyzed the aforementioned rules and ultimately found that plainly, evidence of a motive to fabricate on the part of Mrs. Haile— whose testimony was the principal evidence supporting every charge against Bedada — could affect a fact finder’s analysis as to whether the facts alleged by Haile were true.

“No party disputed the reliability of evidence of Bedada’s noncitizenship,” said the court. “To the extent that the trial court engaged in a balancing of the probative value and prejudicial effect of the proffered evidence, it unfortunately omitted or misapplied several critical factors necessary to a proper analysis.”

Notably, the Court of Appeals also took issue that neither the Prosecutor nor the trial judge identified any prejudicial effect — specific to this case — that might result from the introduction of evidence of Bedada’s immigration status:

“The State’s assertion did not identify, with any particularity, the prejudice that the State would encounter beyond a generalized concern of immigration as a sensitive political issue. The lack of a specific, as opposed to merely a general, prejudicial effect is significant.”

Finally, the Court found it important that Mrs. Haile was the primary witness against Bedada in every charge against him.

“She was the State’s most important witness,” said the Court. “Demonstrating bias on the part of the key witness has long been deemed an important element of a defendant’s right to present a defense.

For all of these reasons, the Court of Appeals ruled that the trial court’s decision to exclude evidence of Mr. Bedada’s immigration status constituted an abuse of discretion. Consequently, the Court reversed Mr. Bedada’s convictions.

My opinion? Good decision. Although I sympathize with the victim’s plight, it is wrong for trial courts to suppress evidence of a victim’s ulterior motives for testifying. it is powerful, relevant and probative evidence establishing motive that the victim knew that the defendant would be deported if she testified against him. Defense counsel did a great job establishing a record for appeal.

Please contact my office if you, a friend or family member are non-citizens charged with crimes, especially deportable offenses like Domestic Violence. Hiring an effective and experienced criminal defense attorney is the best step toward justice.

Inmates Sew Gowns & Masks In Fight Against Coronavirus

Bellingham Defense Attorney, Coronavirus, Mount Vernon Criminal Defense Attorney, Prison, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Members of the Washington Correction Center for Women’s Sisters of Charity stitch gowns to be donated to area fire and rescue, as well as masks for inmates. (Courtesy of Washington Corrections Center for Women)

Great article by Seattle Times staff reporter describes how inmates sew masks and gowns in the fight against Coronavirus.

The group, called the Sisters of Charity, formed about 20 years ago at the Washington Corrections Center for Women (WCCW) in Gig Harbor – many of whom are serving life sentences – make items from donated materials for about 30 different charities.

Reporter Scott Hanson reports that South King Fire & Rescue needed protective gowns for an anticipated surge in coronavirus cases this fall and winter, and the group was happy to help. Not only have they made 700 gowns for South King Fire & Rescue, they also made 300 for the Gig Harbor Fire Department, with 600 more on order.

“I think this project meant so much because it was a call to action and an opportunity for them to be part of their community despite the walls,” said Carrie Hesch, WCCW’s recreation and athletic director. “They are absolutely thrilled to be able to do something for the community and stay busy.”

In one project home improvement giant Lowe’s donated Tyvek, a fabric used in protective gear, and the group used an assembly-line process that allowed workers to keep socially distant; two groups of 15 worked in rotating shifts.

One gown can be made every 13 minutes, depending on the skill level of the seamstress. In two weeks, the first 700 were made. Then came the 300 for Gig Harbor. The group is also making masks for the incarcerated and has produced more than 4,000.

Great job, ladies!

Also, excellent reporting from Scott Hanson. His article is one in a periodic Seattle Times series called Stepping Up, highlighting moments of compassion, duty and community in uncertain times.

Please contact my office if you, a friend or family member face criminal charges during the Coronavirus Pandemic. Hiring an experienced criminal attorney is the first and best step toward justice.