Tag Archives: Mt. Vernon Criminal Defense

Biden Expands Second Chance Opportunities for Formerly Incarcerated Persons

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

Biden: April Is Second Chance Month | myMotherLode.com

Journalist Brett Samuels for the Hill reports that President Biden granted pardons and commutations to people convicted of nonviolent crimes. Biden also announced the rollout of new efforts that aid former inmates in reentering the work force.

“America is a nation of laws and second chances, redemption, and rehabilitation. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect these core values that enable safer and stronger communities . . . During Second Chance Month, I am using my authority under the Constitution to uphold those values by pardoning and commuting the sentences of fellow Americans.” ~President Joe Biden

In addition to the clemency announcements, the White House detailed a multistep effort as part of Second Chance Month to reduce recidivism and make employment more accessible for those who have previously served time.

According to a White House press release, the departments of Justice and Labor are announcing a $145 million investment in job skills training and individual employment plans for inmates in Bureau of Prisons facilities.

The Small Business Administration will make changes to reduce barriers for those with criminal records to receive loans, and the Office of Personnel Management is adjusting its rules to make it easier for formerly incarcerated individuals to work in the federal government.

Finally, the Education Department will select dozens of schools to expand its Second Chance Pell Initiative, a program first established in 2015 that provides Pell Grants to incarcerated individuals so they can take college courses.

My opinion? I’m thrilled that the Biden Administration acknowledges the importance of Second Chance Month. This Administration is affirming their support for removing the unnecessary barriers that prevent those with a criminal record from becoming productive members of society. I advocate for those who have paid their debt to society. And I believe the approximately 70 million Americans with criminal records—that’s one in three people—are more than their worst choices.

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.

WA Supreme Court Rules Against Edmonds Gun Storage Law

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

Gun Laws - FindLaw

In Bass v. City of Edmonds, the Washington Supreme Court struck down an Edmonds gun storage ordinance in a court order reaffirming state law that local governments can’t impose their own firearms regulations.

FACTUAL BACKGROUND

After robust debate following a mass shooting at the nearby Marysville Pilchuck High School, the Edmonds City Council adopted an ordinance requiring residents to safely store their firearms when not in use. Ordinance 4120, codified as Edmonds City Code (ECC) chapter 5.26. The ordinance contains two operative provisions. Under the “storage provision,”

“It shall be a civil infraction for any person to store or keep any firearm in any premises unless such weapon is secured by a locking device, properly engaged so as to render such weapon inaccessible or unusable to any person other than the owner or other lawfully authorized user.”

“Notwithstanding the foregoing, for purposes of this section, such weapon shall be deemed lawfully stored or lawfully kept if carried by or under the control of tthe owner or other lawfully authorized user.”

ECC 5.26.020. Under the “unauthorized access” provision,

“It shall be a civil infraction if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm.”

Violation of either provision carries a civil fine of as much as $10,000 if an at-risk person or child gained access to an unsecured gun.

At around the same time, Washington voters enacted Initiative 1639. This initiative, among many other things, criminalizes unsafe storage of firearms but in more limited circumstances than Edmonds’ ordinance. Unlike the City of Edmonds ordinance, the voter  initiative – later codified as RCW 9.41.360 – specifically did not mandate how or where a firearm must be stored.

The legality of the Edmonds’ ordinance was challenged and eventually made its way to the WA Supreme Court.

COURT’S ANALYSIS & CONCLUSIONS

First, the Court found that the plaintiffs had legal standing to challenge the ordinance.

Next, the Court turned to the issue of whether existing statute under RCW 9.41.290 preempts this ordinance. The statute reads the following, in part:

“The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter.”  ~RCW 9.41.290

Ultimately, the court ruled that Washington state law RCW 9.41.290  “fully occupies and preempts the entire field of firearms regulation within the boundaries of the state.”

Thursday’s ruling was a victory for gun rights organizations, such as the National Rifle Association and the Bellevue-based Second Amendment Foundation, both of which participated in the legal challenge.

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.

New Washington State Patrol Trooper Class the ‘Most Diverse’ in the Agency’s History

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, police, Race & Law, Skagit County Criminal Defense, Washington State Patrol, Whatcom County Criminal Defense, , , , ,

Governor Murphy Sign Laws In An Effort To Try And Boost Racial Diversity Among New Jersey Police Departments | New Jersey Public Safety Officers Law Blog

King5 News reports that the latest class of graduates from the Washington State Patrol Academy (WSP) is the agency’s most diverse.

Of the 44 cadets sworn into service Wednesday, 43% come from populations considered historically underrepresented. Two of the new troopers are women, six are Hispanic, four are Asian, two are Black, and five identified themselves as representing two or more of those groups.

However, it’s reported that the agency still does not reflect the diversity of the state’s population. Not counting the recent graduating class, 90% of WSP’s commissioned officers are male, and 85% are white. That lack of diversity prompted state legislators to pass a law requiring oversight of the agency’s minority hiring practices.

WSP spokesperson Chris Loftis said the agency’s recent class is proof WSP was working on the issue before legislative action.

“We’re really seeing the fruits of our labor,” said Loftis. “It’s targeted recruitment, it’s community engagement, but it’s also increasing the allure and respect for law enforcement.”

My opinion? This is good news. And arrives on other reporting that it’s difficult to hire cadets from diverse backgrounds:

“This is a profession in particular over the course of the last many years that has struggled with regards to community acceptance to some degree as a profession, which has made it a lot more difficult to recruit folks within the diverse communities.” ~WSP Chief John Batiste.

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.

Ketanji Brown Jackson to Serve on the US Supreme Court

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

Cruz, Cornyn voted against Ketanji Brown Jackson last year for a lower court | The Texas Tribune

Last week, Justice Ketanji Brown Jackson was confirmed as the first Black woman to serve on the U.S. Supreme Court. She won by a 53-47 vote, with the support of 50 Democratic senators and three Republicans.
This is excellent news. Justice Jackson deepens the Court with her vast experience in criminal law. She is a former federal judge and public defender.

Who Is Ketanji Brown Jackson?

Ketanji Brown Jackson, born Ketanji Onyika Brown in 1970, is a former federal judge and public defender nominated by President Joe Biden to become an associate justice on the Supreme Court. She was the first Black woman to be nominated—and confirmed—for a seat on the high court. Jackson grew up in Miami and shared in her high school yearbook her goal to eventually receive a judicial appointment. She obtained both her undergraduate and law degrees from Harvard and is married to a fellow Harvard alum.

Supreme Court Nomination

On February 25, 2022, President Biden announced he was nominating Jackson to fill the Supreme Court seat left open by the retirement of Justice Stephen Breyer. The U.S. Senate voted to confirm her on April 7, 2022.

Once she’s sworn in, Jackson will be the first Black woman to serve on the Supreme Court. She will also be the first federal public defender to sit on the court and the first justice since Thurgood Marshall to represent criminal defendants.

Though Jackson worked for several private law firms, she spent most of her legal career as a public servant. After earning her law degree from Harvard in 1996, she clerked for two federal judges. She held a Supreme Court clerkship for Justice Breyer during the 1999-2000 term.

Jackson took a job with the bipartisan U.S. Sentencing Commission in 2003, the first of her two stints on the commission. From 2005 to 2007, she worked as an assistant federal public defender in Washington, D.C. Her caseload included representing indigent clients and some detainees held at Guantanamo Bay.

Jackson returned to private practice before being selected to serve as vice-chair of the U.S. Sentencing Commission in 2010. She was seen as a consensus builder in shaping federal sentencing policy at a time when federal prisons were over capacity. The commission came to a unanimous agreement to lower federal drug sentences and granted this relief retroactively.

Ascension to the Bench

In 2012, Jackson was nominated by President Barack Obama to join the U.S. District Court in Washington, D.C. The Senate confirmed her by voice vote in March 2013.

On this court, Jackson’s notable cases included a 2019 ruling that President Donald Trump‘s former White House counsel could not use executive privilege to avoid a congressional subpoena. Her decision noted, “Presidents are not kings.”

WA State Patrol Lacks Diversity, Seeks Active Recruitment of Minority Officers

Bellingham Defense Attorney, law enforcement, Mount Vernon Criminal Defense Attorney, police, Race & Law, Skagit County Criminal Defense, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , , ,

Police Officers Explain Why Diversity in Law Enforcement Matters | Rasmussen University

King5 journalist PJ Randhawa reports that diversity in the Washington State Patrol (WSP) has been lacking for years. A new state law is putting pressure on the agency to attract and retain cadets of color.

WSP data shows the majority of state troopers are white men. Department of Justice and state data found diversity in the state patrol has declined. Compared with 2003, the patrol now employs fewer Black, Asian and Native American troopers.

A new state law looks to change the narrative. In March, Gov. Jay Inslee signed a bill that puts pressure on WSP to attract and retain cadets of color. The measure will cost the state patrol $1.3 million. It includes the commission of an independent study into retention and recruitment efforts in addition to setting agency benchmarks and providing legislative oversight of WSP’s progress.

THE PROBLEM IS SYSTEMIC AND BEGINS AT RECRUITING

A 2021 state study into WSP’s retention and recruitment practices showed cadets of color were failing the agency’s psychological evaluation at a higher rate than their white counterparts. And there’s a lot at stake – if you flunk the psychological evaluation, you’re out.

According to data compiled in the report, 36% of white candidates didn’t pass WSP’s psychological evaluation compared to 44% of Latinx candidates, 67% of Asian candidates and 60% of Black candidates who didn’t pass the psychological examination.

Dr. Daniel Clark, WSP’s longtime psychologist, was the man responsible for administering the tests. Clark faced criticism from lawmakers after that 2021 state report showed candidates of color were rejected from the patrol at high rates. The report found, “Every focus group and multiple key executives reported concerns of bias in the psychological evaluation process.”

Clark kept his job. He’s been reassigned at the state patrol and now deals with counseling and training.

THE WSP’S COMMITMENT TO DIVERSITY

Last year, WSP announced they had signed onto the 30×30 pledge, a nationwide effort within police departments to increase representation in all ranks and promote gender equity. According to the WSP, “The ultimate goal of the 30×30 Initiative is to reach 30 percent of women in police recruit classes by 2030 and to ensure policing agencies are truly representative of the jurisdiction the agency serves. While 30×30 focuses on advancing women in policing, these principles are applicable to all demographic diversity, not just gender.”

According to a statement provided by WSP, high vacancy rates across all law enforcement agencies have increased competition for candidates of color. They say they continue to modify their hiring and training practices to eliminate any unintended barriers for candidates of color.

My opinion? I agree with recent studies showing that diversity in law enforcement may improve policing. Compared to white officers, Black and Hispanic officers made far fewer stops and arrests — and used force less often — especially against Black civilians. Also, female officers used less force than their male counterparts. Apparently, de-escalation tactics and a decrease in unnecessary pullovers benefits everyone.

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.

Fentanyl-Filled Pills Seized by US law Enforcement up 4,850%

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

Fentanyl-related overdoses increase across Georgia, the DPH reports - 41NBC News | WMGT-DT

Great article by Erin McCormick discusses how  a new study found that more than two million counterfeit pills were confiscated in the last quarter of 2021 alone.

And over the past four years, the number of counterfeit pills containing fentanyl that have been seized by US law enforcement jumped by 4,850%. The new study shows an alarming surge in the deadly drug is putting people at increasing risk for accidental overdose.

Using a first-of-its-kind, real-time analysis of federal data, the study found that more than 2m fake pills were seized by officials in the last quarter of 2021 alone. This was a drastic increase up from 42,000 in the first quarter of 2018. Researchers also found that the number of individual seizures involving fentanyl pills increased by 834%.

The study’s authors say this reflects the huge supply of these pills. Apparently, criminal drug networks manufacture the pills to look like legitimate pharmaceutical tablets sold on the streets.

“These look just like prescription pills. That’s the scary part. One pill that contains fentanyl literally can kill you.” ~Study’s lead author, Joseph Palamar, professor of population health at NYU Grossman School of Medicine.

The study comes at a time when the number of overdose deaths in the US has exploded to more than 100,000 a year due to the huge amounts of fentanyl and other synthetic opioids saturating the nation’s drug supply. Fentanyl is as much as 100 times more potent than morphine and, as Palamar notes, one small baggie of the stuff can contain enough of the drug to kill hundreds of people.

In a two-month period in 2021, the US Drug Enforcement Agency announced it had arrested 810 drug traffickers across the United States and seized enough fentanyl-filled pills to kill more than 700,000 Americans.

Researchers said the number of drug seizures is a reflection of the huge amount of fentanyl on the streets and warned of the dangers it can pose to unknowing members of the public, particularly young people who may be unwittingly buying fentanyl-tainted pills online or from friends.

“Pills can disguise the risk,” said study coauthor Dr Daniel Ciccarone, a professor specializing in addiction medicine at the University of California, San Francisco. “A pill can be taken by a college student who is trying to stay up all night to study for an exam and doesn’t know whether his buddy is selling him real Adderall or fake Adderall. A pill can be taken by a kid who goes to a club and thinks he’ll have more fun if he takes the party drug MDMA – and instead he gets fentanyl.”

Ciccarone and Palamar said people should avoid any pill that isn’t prescribed by their own doctor – including medicines given to them by friends or bought over social media or on the street. At the very least, users of illicit drugs should consider testing them with fentanyl detection strips, available through many health departments and needle exchange groups, they said.

“The street pill is now much more dangerous than it was for earlier generations,” said Cicarrone. “That is the problem.”

The study’s innovative methodology analyzed real-time federal data on the drugs being seized by law enforcement on streets and at border crossings around the nation, in what researchers hope can become an early warning system for spotting new drug dangers on the market and even heading off overdose deaths.

“An increase in illicit pills containing fentanyl points to a new and increasingly dangerous period in the United States,” said Dr. Nora Volkow, director of the National Institute on Drug Abuse, which funded the study. “Pills are often taken or snorted by people who are more naive to drug use, and who have lower tolerances. When a pill is contaminated with fentanyl, as is now often the case, poisoning can easily occur.”

Young people have been particularly hard hit by recent drug overdose deaths. An earlier analysis showed youth under 24 account for the fastest rise in drug deaths, with 7,337 youth dying in 2020 alone.

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

Why Pot Shops Get Robbed

Bellingham Defense Attorney, Federal Crimes & Prosecutions, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Brutal Pot Shop Robbery Caught On Camera

The news bombards us with frequent reminders of WA marijuana retailers getting robbed and burglarized.  Pot shops up and down the I-5 corridor, from Bellingham to Vancouver, are increasingly becoming the target of armed robberies. And some of those robberies have even left employees with gunshot wounds.

One reason why pot shops are hit so often is that the businesses are cash-only. Because marijuana is federally illegal, federal law prohibits the stores from taking credit or debit card payments. Transactions in the U.S. involving the purchase or trade of marijuana are not permitted on credit card networks until federal law allows. As a result, credit card companies have distanced themselves from facilitating marijuana -based transactions.

Banking has been a sticking point for the legal cannabis industry for much of its existence. Even where legal, banks are often hesitant to get involved with cannabis businesses. That extends to cannabis credit card processing: a card network ban on cannabis transactions has locked state-legal THC licensees out of merchant processing services, preventing them from transacting with debit and credit cards.

Credit unions are also leery of marijuana transactions for many of the same reasons. The National Credit Union Association (NCUA) reports that under federal law and regulations, there are some “worst case scenarios” that may occur. First, a credit union could face criminal liability for banking a business that engages in a federally illegal activity, i.e., the sale of marijuana. Second, the NCUA could pull the credit union’s charter, thus, potentially leaving the credit union’s members temporarily without services and requiring that credit union to be absorbed into a different credit union.

Third, the NCUA could terminate the credit union’s share insurance account, which would force that credit union to find a private insurance provider. Fourth, the credit union could lose access to its Federal Reserve master account. And finally, should a credit union’s member(s) be prosecuted, their funds could be tied up in asset forfeiture proceedings, which could be labor-intensive and impact the credit union’s balance sheets.

My opinion? When cannabis becomes legal in the U.S. federally, all merchants — ecommerce and brick-and-mortar — can expect an explosion of legitimate payment providers. Until then, cash is king. And as such, unfortunately, marijuana retailers may continue to be victims of crime.

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.

How Will the New Gun Laws Affect Washingtonians?

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

Open carry ban at state Capitol, near demonstrations signed into law in Washington | king5.com

Gov. Jay Inslee signed three new pieces of legislation into law on Wednesday concerning new regulations on guns.

  • Senate Bill 5078 concerns “high-capacity” magazines in the state. The law will prohibit importing, distributing, manufacturing, selling or offering for sale of high-capacity magazines, which are defined as magazines that hold more than 10 rounds of ammunition.
  • House Bill 1705 concerns untraceable firearms, also known as “ghost guns.” The law will prohibit “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms.
  • House Bill 1630 adds restrictions to where Washingtonians can carry weapons. Open carrying weapons will now be prohibited at local government facilities, or locations where local government meetings take place. Possession of weapons will also now be prohibited at school board meetings and election-related facilities.

Among those in attendance at the ceremony were Attorney General Bob Ferguson, Democratic state legislators and individuals who’ve been affected by gun violence. The Attorney General’s office also points to studies that have concluded that gun magazine limits reduce the incidence of mass shootings and save lives.

WHAT HAPPENS IF I CURRENTLY OWN A “HIGH-CAPACITY” MAGAZINE?

Nothing. The legislature got rid of the language in the bill that would have regulated possession, so anyone in the state of Washington who currently owns, or who purchases high-capacity magazines before the law goes into effect will still be within the law. Once the law goes into effect, Washingtonians can no longer purchase high-capacity magazines in-state, online, or from another state. The law bans the importation, distribution, manufacture, sale or offer for sale of high-capacity magazines.

IS ANYONE EXEMPT FROM THE NEW LAWS?

Yes. Licensed firearms dealers can still sell high-capacity magazines to all branches of the military and to law enforcement agencies. Exemptions for who can carry weapons at certain facilities include federal, state and local law enforcement officials.

WHEN DO THESE LAWS GO INTO EFFECT?

The ban on high-capacity magazines goes into effect 90 days after the adjournment of the session, which ended on March 10. That means it goes into effect June 8.

The “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms will be prohibited after June 30. Restrictions on guns at school board meetings, local government meetings and election facilities goes into effect 90 days after the adjournment of the session, or June 8.

WHAT ARE THE PENALTIES FOR BREAKING THE NEW LAWS?

Violations of the firearms magazine ban are punishable by a gross misdemeanor. These crimes carry a maximum sentence of 364 days in jail and $5,000 fine. Violators of the ban on ghost guns can expect to pay $500 for the first offense. Second offenses can expect a misdemeanor, while three-time offenses can lead to a gross misdemeanor. Anyone who is caught with three or more ghost guns at once could potentially face a gross misdemeanor.

Violations of weapons restrictions at certain locations can expect a misdemeanor on the first offense, and a gross misdemeanor on the second offense.

My opinion? A constitutional challenge to the gun magazine law is likely. On Wednesday, the Nevada-based Firearms Policy Coalition announced it’s seeking plaintiffs to lead a lawsuit against the new law. Ferguson, however, expressed confidence the courts will uphold the law. Last November, a panel of judges from the 9th U.S. Circuit Court of Appeals upheld a similar ban enacted by California.

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

AGO Allocates $177,000.00 For Sexual Assault Kit Initiative

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Wisconsin Sexual Assault kit Tests Yield First Conviction - Fox21Online

A press release from the WA Attorney General’s Office confirms that the office will provide 53 local law enforcement agencies across the state with funding for refrigeration units to store evidence from sexual assault investigations.

A sexual assault kit is a collection of evidence gathered from a survivor by a medical professional, usually a specially trained sexual assault nurse examiner. A crime lab then tests the evidence for DNA that could help law enforcement find a perpetrator.

Ferguson is providing the new units as part of his Sexual Assault Kit Initiative (SAKI) — a campaign to improve Washington’s response to sexual assault and end the state’s rape kit backlog. The Attorney General’s Office is allocating $177,204.73 of its federal SAKI grant funding to local law enforcement for the purpose of purchasing refrigeration units to store sexual assault kits. The Attorney General’s Office heard from local law enforcement that this is a major need. These resources will help ensure that sexual assault evidence, including evidence that needs to be refrigerated, does not expire due to lack of capacity.

“More storage means more evidence can be tested, and more crimes can be solved,” Ferguson said. “These resources will bring justice to survivors.”

This increased storage capacity will help law enforcement agencies comply with a 2020 law, House Bill 2318, that requires “unreported” sexual assault evidence to be stored for at least 20 years. This includes a sexual assault kit and all associated evidence for an assault that a victim has not yet reported to law enforcement. An unreported sexual assault kit is taken at a hospital and stored by law enforcement, should a victim choose to file a report. Evidence from reported assaults must be stored for 100 years.

The Blaine Police Department, Ferndale Police Department and Whatcom County Sheriff’s Office are receiving new units.

There are two types of sexual assault kit backlogs in Washington and across the country. The first is the “unsubmitted” sexual assault kit backlog, which consists of kits that sit in a law enforcement evidence storage facility because a DNA analysis was never requested. The second type of backlog occurs in crime lab facilities, when sexual assault kits have been submitted to the lab, but have not yet been tested. Once the kits are tested, local law enforcement can use DNA to reopen cold cases.

A significant type of evidence in sexual offense cases is the DNA recovered from rape kits. Rape kits are the physical evidence and notes from an assault victim’s examination. The physical evidence usually contains DNA such as hair, blood, bodily fluids, clothes and belongings of the victim, and physical evidence from the crime scene. In some cases, the rape kit findings are the primary evidence used against a defendant. However, rape kit findings do not necessarily equate with forced or unlawful sexual conduct. courts will evaluate the probative value of DNA findings and if the evidence is substantially outweighed by the danger of unfair prejudice.

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

“Lustful Disposition” Legal Term of Art Abandoned by WA Supreme Court

Bellingham Defense Attorney, Child Molestation, ER 404(B), Mount Vernon Criminal Defense Attorney, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

ArtStation - Hammer of Justice | Resources

In  State v. Crossguns, the WA Supreme Court disapproved of the prosecution’s use of the term “lustful disposition.”

BACKGROUND FACTS

The case involved allegations that the defendant, Mr. Crossguns Sr., sexually abused his daughter R.G.M.  At trial, prosecutors presented evidence that Mr. Crossguns Sr., had previously abused the victim from July 2015 to August 2016.

At trial, the State also sought to admit testimony from family members regarding these incidents. Crossguns opposed admitting the evidence, arguing that it was improper propensity evidence. The trial court concluded the probative value outweighed any risk of unfair prejudice and ruled the evidence was admissible under ER 404(b).

More specifically, the court was persuaded that the Prosecutor demonstrated Crossguns’s “intent, plan, motive, opportunity, absence of mistake or accident, lustful disposition toward R.G.M. Ultimately, the judge admitted the testimony under arguments that Crossguns’ had a “lustful disposition toward” the child. Crossguns was convicted of sex offenses to include second-degree rape of a child and second-degree child molestation.

appealed on argument that the prosecutor’s (1) use of the term “lustful disposition” was improper, and (2) statements in closing, asking the jury to decide if the witnesses were telling the truth, constitute misconduct.

COURT’S ANALYSIS & CONCLUSIONS

Justice Montoya-Lewis wrote the majority opinion and made short work of the “Lustful Disposition” issue:

“We conclude that the term ‘lustful disposition’ is archaic and reinforces outdated rape
myths and misconceptions of sexual violence . . . Therefore, we now reject the ‘lustful disposition’ label and hold that ‘lustful disposition’ is not a distinct or proper purpose for admitting evidence. To the extent our precedent indicates otherwise, it is disavowed.” ~WA Supreme Court Justice Raquel Montoya-Lewis.

In nixing its use in Washington, the Supreme Court wrote that the term “reinforces the myth of the pathological, crazed rapist who is a stranger to the victim.”

“The term ‘lustful disposition’ is an outmoded, inaccurate term that reinforces myths about sexual assault . . . We abandon this term because it is incorrect and harmful.”

However, Justice Montoya also reasoned that rejection of the label “lustful disposition” does not modify our established doctrine of allowing “evidence of other crimes, wrongs, or acts”  pursuant to ER 404(b). Therefore, the trial court’s reference to lustful disposition in its decision admitting the evidence was harmless.

“Further, we conclude that the prosecutor’s statements constitute misconduct, but the prejudice could have been corrected by an instruction,” reasoned the Court. Therefore, the WA Supreme Court affirmed the Court of Appeals in part and reversed in part, and remand to the Court of Appeals for further proceedings consistent with this opinion.

My opinion? Good opinion. It showed a forward-thinking and significant departure from inflammable terms of art which are historically prejudicial. Generally, evidence of a person’s character is not allowed to be used to prove that in the alleged crime the person acted in accordance with their character. There are many exceptions, including if the evidence speaks to a defendant’s motive, opportunity, intent or plan. And, until Thursday, if the evidence spoke to a defendant’s “lustful disposition,” it was fair game.

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.