Tag Archives: Skagit County Criminal Defense Attorney

Rainbow Fentanyl

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

DEA Warns of Brightly-Colored Fentanyl Used to Target Young Americans

The Drug Enforcement Administration is advising the public of an alarming emerging trend of colorful fentanyl available across the United States.  In August 2022, DEA and other police agencies seized brightly-colored fentanyl and fentanyl pills in 18 states.  Dubbed “rainbow fentanyl” in the media, this trend appears to be a new method used by drug cartels to sell highly addictive and potentially deadly fentanyl made to look like candy to children and young people.

“Rainbow fentanyl—fentanyl pills and powder that come in a variety of bright colors, shapes, and sizes—is a deliberate effort by drug traffickers to drive addiction amongst kids and young adults . . . The men and women of the DEA are relentlessly working to stop the trafficking of rainbow fentanyl and defeat the Mexican drug cartels that are responsible for the vast majority of the fentanyl that is being trafficked in the United States.” ~DEA Administrator Anne Milgram

Brightly-colored fentanyl is being seized in multiple forms, including pills, powder, and blocks that resembles sidewalk chalk. Despite claims that certain colors may be more potent than others, there is no indication through DEA’s laboratory testing that this is the case.  Every color, shape, and size of fentanyl should be considered extremely dangerous.

Fentanyl is a synthetic opioid that is 50 times more potent than heroin and 100 times more potent than morphine.  Just two milligrams of fentanyl, which is equal to 10-15 grains of table salt, is considered a lethal dose.  Without laboratory testing, there is no way to know how much fentanyl is concentrated in a pill or powder.

Fentanyl remains the deadliest drug threat facing this country.  According to the CDC, 107,622 Americans died of drug overdoses in 2021, with 66 percent of those deaths related to synthetic opioids like fentanyl.  Drug poisonings are the leading killer of Americans between the ages of 18 and 45.  Fentanyl available in the United States is primarily supplied by two criminal drug networks, the Sinaloa Cartel and the Jalisco New Generation Cartel (CJNG).

In September 2021, DEA launched the One Pill Can Kill Public Awareness Campaign to educate Americans about the dangers of fake pills.  Additional resources for parents and the community can be found on DEA’s Fentanyl Awareness page.

The DEA advises that if you encounter fentanyl in any form, do not handle it and call 911 immediately.

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

Traffic Deaths Increase

Bellingham Defense Attorney, DUI, Eluding, Mount Vernon Criminal Defense Attorney, National Highway Traffic Safety Administration, Reckless Driving, Skagit County Criminal Defense, Traffic Infractions, Whatcom County Criminal Defense, , , , ,

US traffic deaths way up; reckless driving blamed by feds

Excellent article from journalist of the Washington Post reports that U.S. traffic deaths jumped in 2022, hitting 20-year high.

More than 9,500 people were killed in traffic crashes in the first three months of this year, federal transportation officials said Wednesday — a figure that represents the deadliest start to a year on U.S. roads in two decades.

In seven states and the District, officials estimated crash deaths jumped at least 50 percent. Nationwide, deaths were up 7 percent compared with the same period last year.

The figures are preliminary estimates, and the National Highway Traffic Safety Administration (NHTSA) did not release breakdowns of the causes of crashes. Officials say a surge in traffic fatalities that started in 2020 as the pandemic began has continued unabated.

“The overall numbers are still moving in the wrong direction . . . Now is the time for all states to double down on traffic safety.”  ~Steven Cliff, Administrator for NHTSA.

EXPLANATIONS FOR THE SURGE IN TRAFFIC FATALITIES

Experts have struggled to come up with an explanation for the spike in deaths but have pointed to less congestion amid changed driving patterns during the COVID-19 Pandemic, which they say have allowed more dangerous speeds. Officials say there’s also evidence of an uptick in Reckless Driving, DUI,   DUI or Driving Without a Seatbelt.

The early stages of the pandemic saw roads become emptier as people stayed home. However, drivers quickly returned to their vehicles, even as driving was no longer as dominated by morning and evening commutes. NHTSA reported that Americans drove more than 750 billion miles between January and March, an increase of more than 5 percent compared with 2021.

NHTSA reported 7,893 traffic deaths in the first three months of 2020, a period mostly before the onset of the pandemic. In 2021, the figure jumped to 8,935 deaths, then rose to 9,560 this year. The number of deaths this year was the highest in the first three months of a year since 2002. The first quarter is consistently the least deadly on U.S. roads.

SOLUTIONS FROM THE GOVERNMENT

Transportation Secretary Pete Buttigieg earlier this year said the nation would work to eliminate crash deaths, pledging to adopt a “safe system” approach that would look as much at the design of roads and cars as the behavior of individual drivers. The effort is backed by billions in new safety funding from last year’s infrastructure law, including a $5 billion fund that will provide grants aimed at protecting bicyclists and pedestrians.

The infrastructure law included mandates for technology that could address some of the biggest causes of fatalities, such as calling for NHTSA to require breath monitoring devices for alcohol in new cars. Such a system is in testing, but a mandate is likely years away.

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

Display of a Firearm & Probable Cause

9th Circuit Court of Appeals, Bellingham Defense Attorney, Constitutional Rights, Federal Crimes & Prosecutions, Fourth Amendment, Mount Vernon Criminal Defense Attorney, Search and Seizure, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

What to know about open carry gun laws in Arizona - Phoenix Business Journal

In US v. Willy  (July 26, 2022), the Ninth Circuit Court of Appeals held that a defendant’s charges for Unlawful Display of a Weapon were not supported by Probable Cause.

BACKGROUND FACTS

Reporting Party #1

On May 12. 2019, the Yakima County’s Sheriff’s Office received a call from a witness (“Reporting Party 1”). The witness stated that a man had pulled up outside of his home in a vehicle and displayed a firearm. Dispatch relayed this information to Deputy Thaxton, who interviewed Reporting Party 1 at his residence. Reporting Party 1 told Deputy Thaxton that a white male in a green truck pulled up on the street in front of his house. The man began talking about being abducted and kept somewhere in the area. The man said he was trying to find the place where he was kept. During the conversation, the man pulled out a semiautomatic pistol, racked the slide, and then put it down.

Reporting Party 1 expressed concern about the man’s mental state. He provided Deputy Thaxton with the truck’s license plate number. The vehicle came back as registered to Mr.  Willy. Thaxton showed Reporting Party 1 Willy’s Department of Licensing photo, and he identified Willy as the man with whom he had spoken. Reporting Party 1 said that Willy made no threats to him, nor had Willy pointed the pistol at him at any time.

Reporting Party #2

About ten minutes after leaving Reporting Party 1’s residence, Deputy Thaxton responded to another report from dispatch. The second call had come from Reporting Party 2, who lived about three miles from the previous caller. Deputy Thaxton spoke to the second witness over the phone because Reporting Party 2 had already left her residence. Reporting Party 2 stated that a man with a name like “Willis” pulled up to her gate in a green truck when she was leaving her house. “Willis” told her that he had been kidnapped and held in a camouflaged trailer or van in the area and that he was trying to find it. While they were talking, the man told her he was armed and then displayed a pistol and put it away. Reporting Party 2 told the man she did not know the place he was looking for, and he drove away. Reporting Party 2 said that she was not was not directly threatened, nor was Willy argumentative or hostile.

Deputy Thaxton located the green truck pulling into a gas station. Once he confirmed the license plate matched the one given to him by Reporting Party 1, Deputy Thaxton turned on his emergency lights and conducted a “high-risk stop.” With his firearm drawn, Deputy Thaxton ordered Willy out of the vehicle. Willy complied with all of Deputy Thaxton’s orders. While making Willy turn around, Deputy Thaxton saw a pistol holstered on his hip. Deputy Thaxton removed the gun, put Willy in handcuffs, and escorted him to the back seat of the police vehicle.

After his arrest, a search of Willy’s vehicle and person recovered illegal firearms and a modified CO2 cartridge. Willy was charged with making and possessing a destructive device in violation of the National Firearms Act, 26 U.S.C. § 5861. He was also charged with Unlawful Display of a Weapon under Washington statute.

Willy moved to suppress the evidence. The lower federal district court granted the motion to suppress. It found that although Deputy Thaxton had reasonable suspicion to conduct an investigatory stop, he lacked probable cause to make the arrest. The evidence was “tainted by the illegality of the arrest.” The Government filed a timely notice of appeal to the Ninth Circuit.

COURT’S ANALYSIS & CONCLUSIONS

First, the Ninth Circuit analyzed the scope of Washington’s Unlawful Display of a Weapon statute. It began with a discussion of how the Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

“Washington is an open carry state. That means that it is presumptively legal to carry a firearm openly.” ~Ninth Circuit Court of Appeals

“The bare fact that Willy displayed a weapon would not be sufficient to stop Willy, because there is no evidence that he was carrying a concealed weapon,” said the Ninth Circuit. Moreover, the reporting parties’ statements that Willy was carrying a gun “created at most a very weak inference that he was unlawfully carrying the gun concealed without a license, and certainly not enough to alone support a Terry stop.”

Additionally, the Ninth Circuit emphasized that Thaxton acquired no additional reasons for arresting Willy until after he stopped him. When Thaxton ordered Willy to leave his truck and turn around slowly, Willy was openly carrying his pistol, in a holster on his hip. The Ninth Circuit pointed out that Washington courts have refused to enforce the statute when the threats are not sufficiently direct or imminent.

Deputy Thaxton’s suspicion that Willy had violated § 9.41.270 arose not from his own observations but from the accounts of two reporting parties.

“The strongest fact for the government is that Willy racked the slide of his gun in the presence of Reporting Party 1. In context, however, that fact does not demonstrate that Willy was acting in manner that warrants alarm.” ~Ninth Circuit Court of Appeals.”

With that, the Ninth Circuit next addressed whether the C02 cartridge found in Willy’s car – and his statements to police – should be suppressed as evidence supporting the federal charges. The Ninth Circuit began by saying that under the “fruits of the poisonous tree” doctrine, evidence seized subsequent to a violation of the Fourth Amendment is tainted by the illegality and subject to exclusion, unless it has been sufficiently “purged of the primary taint.” Wong Sun v. United States. Ultimately, the Ninth Circuit suppressed that evidence as “fruits of the poisonous tree.”

The Ninth Circuit concluded by affirming the lower federal court’s order granting the defendant’s motion to suppress.

My opinion? Good decision. The Ninth Circuit gave an accurate assessment of Washington Law surrounding this issue and made the right decision. Washington is indeed an “Open Carry” state. This fact alone challenges many people’s allegations that someone is unlawfully displaying a weapon. Also , the probabale cause alleged in this case was fart too attenuated to be reliable.

Please contact my office if you have Firearms Offense involving Search and Seizure issues. Hiring an effective and competent defense attorney is the first and best step toward justice.

High Court Reverses Conviction Due to Juror’s Racial Biases At Jury Selection

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

Opinion | To Save Our Justice System, End Racial Bias in Jury Selection - The New York Times

In State v. Gutierrez, the WA Court of Appeals reversed a defendant’s conviction because a juror’s inquiries on the defendant’s  immigration status demonstrated ethnic bias.

FACTUAL BACKGROUND

Mr. Gutierrez was charged with first degree robbery, second degree assault, and first degree unlawful possession of a firearm. His case proceeded to trial. During jury selection, potential Juror #16 asked about the immigration status of the defendant. The juror had additional colloquy with the attorneys. Neither party struck juror #16. The juror was later seated on the jury panel. The jury later entered a verdict of not guilty to the charge of first degree robbery, and guilty verdicts on the charges of second degree assault, unlawful possession of a firearm, and felony harassment.

On appeal, Mr. Gutierrez raises an issue of juror bias. He argued that during jury selection, Juror #16 demonstrated actual bias, but was nevertheless seated as a
juror and not removed by his attorney or the court.

COURT’S ANALYSIS & CONCLUSIONS 

The Court of Appeals reversed Mr. Gutirrrez’s conviction. It reasoned that although Mr. Gutierrez did not move to strike Juror #16, a trial judge must do so where grounds to do so are apparent in the record. Under RCW 2.36.110, it is the judge’s duty to excuse any juror who has manifested unfitness as a juror by reason of bias or prejudice.

The Court of Appeals further reasoned that a juror demonstrates actual bias when he exhibits a state of mind 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. It referred to  State v. Berhe in describing how bias based on race and ethnicity may be explicit or implicit:

“Bias based on race and ethnicity may be explicit or implicit. Explicit racial bias is consciously held, although the biased person may not be willing to admit to having such bias if asked. Implicit racial bias, however, primarily exists at an unconscious level, such that the biased person is unlikely to be aware that it even exists. This occurs because it is now socially unacceptable to be overtly racist. Yet we all live our lives with stereotypes that are ingrained and often unconscious, implicit biases that endure despite our best efforts to eliminate them.” ~WA Court of Appeals

“In this case, the comments by Juror #16 expressed actual bias,” said the Court of Appeals. “Juror #16’s comments demonstrated that he was operating under a false presumption that Hispanic and Latinx persons were not citizens, and if they were not citizens then they were guilty of a crime.” Consequently, the Court ruled that Juror #16’s comments demonstrated ethnic bias sufficient to raise a prima facie showing that he was unqualified to sit as a juror in Mr. Gutierrez’s case. With that, the Court of Appeals reversed Mr. Gutierrez’s criminal conviction:

“Juror #16 expressed actual bias during voir dire by presuming that Hispanic or Latinx defendants were not citizens and were most likely committing an immigration crime. When the attorneys failed to address this bias, the court should have inquired further or excused the juror on its own initiative. Failure to do so is an abuse of discretion. We reverse and remand.” ~WA Court of Appeals.

My opinion? Good decision. Illegal racial discrimination in jury selection inflicts harm on excluded jurors, produces wrongful convictions and excessive sentences, and compromises the integrity of the legal system as a whole.

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.

Racial Disparities in Sentencing

ACLU, Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Sentencing, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Opinion | At Long Last, a Measure of Justice for Some Drug Offenders - The New York Times

The Sentencing Project and the ACLU submitted a shadow report to the United Nations on the impact of racial disparities in sentencing.

The report addresses sentencing and imprisonment. It also discusses racism in the application of the death penalty. Finally, it focuses on issues for youth in the adult and juvenile justice systems.

According to the report, the proportion of people of color who are incarcerated in the nation compared with their representation in the general population epitomizes the need to achieve racial justice.

“The nation incarcerates almost two million people—more than any other country in the world—and over five times more per capita than just 40 years ago,” it says. “But the burden of criminal sentencing and imprisonment is not inflicted equally.” It goes on to say that Black and Latinx residents are incarcerated at rates five and three times higher than white residents, respectively. One of every 81 Black adults in the U.S. is in prison.

“These staggering disparities create individual and community barriers to full and equal participation in American society. Criminal convictions and imprisonment can prevent individuals from voting and gaining employment, undermine access to safe housing, negatively impact the life outcomes of children, and substantially lower lifetime earnings, amongst other social, political and economic disadvantages.” ~Racial Disparities in Sentencing in the United States, July 14, 2022

The report argues that while these are individual consequences, there are also societal consequences: high levels of imprisonment in communities bring about crime, poverty and neighborhood deterioration through decreased political power that fuels greater disparities. This cycle of suffering, social exclusion and disempowerment is primarily experienced by African Americans and other people of color.

The enormous racial disparities, discrimination and inequality created by the United States’ system of mass incarceration did not occur by happenstance. They are the product of deliberate legal and policy choices created by a dominant white population supported by a culture of white supremacy.

The report says, for instance, that the so-called “War on Drugs” which greatly accelerated America’s mass incarceration build-up starting in the 1970’s was initiated as a deliberate effort by President Richard Nixon and his administration to disrupt, vilify and oppress communities of color for political gain and control, rather than a legal initiative primarily concerned about improving public safety.

These racist underpinnings of the criminal legal system in the United States must be acknowledged in order for meaningful reform to be accomplished and human rights to finally be upheld. Despite the centrality of racial disparities in the criminal legal system, and in sentencing and imprisonment in particular, these critical areas of race discrimination and disparate impact receive scant attention in the U.S. government’s combined tenth to twelfth periodic reports submitted to the Committee on the Elimination of Racial Discrimination in 2021.

Kudos to the Sentencing Project and the ACLU for their insightful report. And 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.

Extraction of Smartphone Data by U.S. Law Enforcement

Bellingham Defense Attorney, Cell Phone, Mount Vernon Criminal Defense Attorney, police, Search and Seizure, Skagit County Criminal Defense, Technology, Whatcom County Criminal Defense, , , , ,

Mass Extraction | Upturn

A new report from upturn.org reveals that thousands of smartphones are searched by police every day across the US. Unfortunately, most searches are done without a warrant and in violation of the Fourth Amendment’s guarantee against unreasonable searches and seizures.

THE PROBLEM

Law enforcement agencies across the country search thousands of cellphones, typically incident to arrest. To search phones, law enforcement agencies use mobile device forensic tools (MDFTs). This powerful technology allows police to extract a full copy of data from a cellphone. This data includes all emails, texts, photos, location, app data, and more. The report documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.

“We found that state and local law enforcement agencies have performed hundreds of thousands of cellphone extractions since 2015, often without a warrant. To our knowledge, this is the first time that such records have been widely disclosed.” ~Upturn.org

According to the report, every American is at risk of having their phone forensically searched by law enforcement. Police use these tools to investigate assault, prostitution, vandalism, theft, drug-related offenses, etc. Given how routine these searches are today, it’s more than likely that these technologies disparately affect and are used against communities of color.

The emergence of these tools represents a dangerous expansion in law enforcement’s investigatory powers. In 2011, only 35% of Americans owned a smartphone. Today, it’s at least 81% of Americans. Moreover, many Americans — especially people of color and people with lower incomes — rely solely on their cellphones to connect to the internet. For law enforcement, mobile phones remain the most frequently used and most important digital source for investigation.

THE SOLUTIONS

Upurn.org believes that MDFTs are simply too powerful in the hands of law enforcement and should not be used. But recognizing that MDFTs are already in widespread use across the country, they offer a set of preliminary recommendations that, in the short-term, help reduce the use of MDFTs. These include:

  • banning the use of consent searches of mobile devices,
  • abolishing the plain view exception for digital searches,
  • requiring easy-to-understand audit logs,
  • enacting robust data deletion and sealing requirements, and
  • requiring clear public logging of law enforcement use.

Of course, these recommendations are only the first steps in a broader effort to minimize the scope of policing, and to confront and reckon with the role of police in the United States.

“This report seeks to not only better inform the public regarding law enforcement access to mobile phone data, but also to recenter the conversation on how law enforcement’s use of these tools entrenches police power and exacerbates racial inequities in policing. ” ~Upturn.org

Special thanks to authors Logan Koepke, Emma Weil, Urmila Janardan, Tinuola Dada and Harlan Yu for providing this highly informative and educational material.

Please review my Search & Seizure Legal Guide and contact my office if you are charged with a crime involving a smartphone search. Hiring an effective and competent defense attorney is the first and best step toward justice.

2021 Crime Report: Violent Crime Up as Washington State Sees Decrease in Police Officers

Assault, Bellingham Defense Attorney, Homicide & Manslaughter, Mount Vernon Criminal Defense Attorney, Robbery, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

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

Journalist Adel Toay for King5.com says that violent crime has increased in Washington. According to a crime report from the Washington Association of Sheriffs and Police Chiefs (WASPC), violent crimes and murders increased while the number of police officers available to respond to incidents decreased in 2021.

“This is just very specific data, about crime trends, about our staffing level, about a couple of things that sort of stand out. But the numbers are all there. We’re very transparent. We wanted to get this out to everybody so that they have that information within their communities,” ~Steven Strachan, executive director of WASPC

According to the report, violent crime overall, which includes murder, aggravated assault, robbery and rape, increased by 12.3% in 2021.

There were 325 murders in 2021, an increase of 5.9% over 2020, following a 47% increase the year before. Strachan said this is the highest number of murders recorded since WASPC began collecting this data in 1980.

Hate crimes like Malicious Harassment in the state increased by 26.5% in 2021 with the most frequent offenses being intimidation and destruction of property.

Total crime overall is statistically down slightly, including a 78.8% decrease in identity theft and fraud from 2020, largely due to the huge spike in unemployment fraud during the pandemic. Other factors contributing to the statistical downward trend include a 60.9% decrease in drug offenses and a 73.6% decrease in drug arrests, due to a change in state laws.

“This is predominantly due to the Blake decision in 2021, which completely changed the ability to charge a criminal offense for personal possession of any drug,” said Strachan. In February 2021, the Washington State Supreme Court ruled the state’s simple drug possession crime statute was unconstitutional and voided it.

THE LOSS OF POLICE OFFICERS

Washington state lost nearly 500 police officers statewide in 2021 as the state’s population grew more than the population of Everett, according to the report. The number of commissioned law enforcement officers decreased 4.4%. The per capita rate of law enforcement officers fell to 1.38 per 1,000 statewide.

“When the staffing is down, the numbers are up,” said Strachan.

Strachan said it is the lowest per capita rate of officers the state has seen since WASPC began tracking this data in 1980, and it’s the lowest in the nation. The national average per capita rate for officers is 2.33 officers per 1,000, according to the FBI.

“Right now, a lot of agencies are treading water. Not every single one. Not every single agency is in a staffing crisis. Many are. These things are problems with solutions, and that is to support good policing and to recognize that public safety is important.”~Steven Strachan, executive director of WASPC

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.

Pandemic Crisis Created a Blueprint to Courts in the Future

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

As Courts Restore Operations, COVID-19 Creates a New Normal | United States Courts

According to a press release, Washington courts proved during the pandemic they can adapt quickly to new technologies and methods when the need is urgent. In doing so, they also opened a door to building a more accessible and responsive court system.

That is a key conclusion of the Board for Judicial Administration’s Court Recovery Task Force. The Task Force issued its final report after two years of work coordinating emergency actions to keep courts operating safely. The report, “Re-Imagining Our Courts: Pandemic Response and Recovery Lead Courts Into the Future,” compiles the information gathered, the lessons learned, and the task force’s recommendations to the judicial branch on how to maintain the responsiveness and expanded access it forged out of necessity.

“We commit to not going back to business as usual, but instead to incorporate the important lessons we learned together,” wrote Washington Supreme Court Chief Justice Steven González in the report. Justice González served as co-chair of the Task Force with King County Superior Court Judge Judith Ramseyer and Olympia Municipal Court Judge Scott Ahlf.

Some common adaptations adopted during the pandemic included expanded electronic filing and use of electronic signatures, extensive use of remote video technology to conduct proceedings rather than requiring participants to appear in person, adjusting procedures to allow attorneys to take more actions for their clients, providing access to technology for those who lacked it, and much more. Many court rules permitting temporary measures are set to expire, but “a number of these emergency rules proved so effective they were recommended for permanent implementation,” according to the report.

The Task Force was convened in May 2020 by then-Chief Justice Debra Stephens to “share experiences and coordinate responses to the fluid and devastating situation we faced,” according to the report. Shortly after this, a racial justice movement surged nationwide in response to the killing of George Floyd, and Task Force members agreed that a racial justice lens should be used in considering responses and innovations. The Task Force also established Guiding Principles to guide their work and their recommendations.

Experts from throughout the courts, system partners, and community members were recruited to provide insight into needs and potential responses. These experts divided into 11 committees that created such tools as templates for virtual dependency proceedings, facility checklists for off-site safety, best practices for virtual discovery, alternative dispute resolution and pre-trial processes, a virtual court directory with online links to remote hearings, technology principles for the courts, best practices for court websites that are intuitive for users, and more.

In working together to transform court operations and services during the pandemic, “we used our experiences to overcome the daunting challenges we faced,” wrote the Task Force co-chairs in their introduction to the report. “Thankfully, this process also informed a blueprint for our courts to keep evolving into the most efficient, respectful, and just legal system we can become. As usual, from crisis comes opportunity.”

After sharing experiences, actions, and findings of the past two years, the Task Force recommended that courts of the future will:

  • Embrace positive change;
  • Communicate and collaborate with justice partners and local leaders, using the expanded input that led to many effective solutions during the pandemic;
  • Use technology to promote access and efficiency – “Unquestionably, technological advancements offer access to courts and efficiencies never imagined when many Washington courthouses were constructed.”
  • Gather feedback from court users, share findings, and use the information to adapt;
  • Implement new practices and procedures through a racial justice lens;
  • Prioritize the health, safety, and morale of the court work force;
  • Plan for emergencies;
  • Actively work with local and state governments to guarantee stable funding.

The Task Force also listed unfinished work that should be actively pursued such as addressing case backlogs, uniform access to technology for courts, universal broadband for court users, confronting and dismantling institutional racism, and gathering and disseminating meaningful data on use of essential court services.

My opinion? I’m proud that our Washington court systems pivoted so effectively. Still our access to justice is only as good as the means of access possessed by the people it serves. Zoom hearings were an excellent way to conduct court.  Most courts pivoted to conducting motion and evidentiary hearings via Zoom. This platform allowed attorneys to teleconference for meetings, mediations and depositions.

However,  actual court hearings via Zoom presented unique challenges. An estimated 42 million Americans live beyond the reach of broadband service. Also, older people may be unable or unwilling to master videoconferencing technology.  Many criminal defendants are impoverished. They don’t have access to the internet. And many other defendants are illiterate or non-English speakers and cannot navigate these platforms.

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.

Washington Supreme Court Will Address How to Reduce Racial Disparities & Reform Juvenile Justice

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

Bias in Criminal Justice - Common Reading Research Guide 2020-21 - LibGuides at Elon University

According to a press release, on July 13, 2022, a task force will present recommendations to the Washington Supreme Court on reducing and, where possible, eliminating racial disparities in Washington’s criminal and juvenile justice systems. The public presentation is scheduled for 10:30  AM – 12:00 PM, and will be livestreamed and recorded by TVW.

The recommendations come from a work group of Task Force 2.0: Race and Washington’s Criminal Justice System, a project coordinated by the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law. Presenters will include Korematsu Center Executive Director Professor Bob Chang, Assistant Directors Jessica Levin and Melissa Lee, public defense attorneys, child welfare experts, Pierce County Superior Court Judge André M. Peñalver, and more.

Task Force 2.0 last year presented extensive research to the Supreme Court detailing racially disproportionate treatment and outcomes in the state’s criminal justice system, outcomes significantly impacted by historically racist laws and practices. The follow-up presentation provides recommendations in 14 areas – such as policing and traffic stops, prosecutorial decision-making, pre-trial release, sentencing and prison, community supervision, legal financial obligations and more – as well as recommendations for reforming the juvenile justice system from a special sub-committee.

The Task Force was launched in mid-2020 by the deans of Washington’s three law schools following the death of George Floyd, nationwide protests for racial justice, and the June 4, 2020 Open Letter of the justices of the Washington Supreme Court challenging members of the state judiciary and legal community to recognize racial injustice and take steps to eliminate it.

The Task Force is dubbed “2.0” because it is a re-launch of the Race and Justice Task Force established in 2010 following comments made by two then-sitting Washington Supreme Court justices about criminality and race. That first task force produced a report in 2011 with data that has guided a number of efforts since then, including an annual symposium presented by the Washington State Minority and Justice Commission focusing on specific issues of racial disparity.

My opinion? We’ve GOT to be proud of our WA Supreme Court for being so proactive in resolving racial disparities in the justice system.

The rise of mass incarceration may seem like a recent phenomenon, but it is a repeating pattern throughout this country’s history. From America’s founding to the present, there are stories of crime waves or criminal behavior followed by patterns of disproportionate imprisonment of those forced to the margins of society: Black people, immigrants, Native Americans, refugees, and others.

The result has been the persistent and disproportionate impact of incarceration on people of color, immigrants, and people experiencing poverty. From 1850 to 1940, racial and ethnic minorities—including foreign-born and non-English speaking European immigrants—made up 40 to 50 percent of the prison population. In 2015, about 55 percent of people imprisoned in federal or state prisons were Black or Latino.

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.

Low-Level Robbery Won’t Get A Reduced Sentence

Bellingham Defense Attorney, felony, Mount Vernon Criminal Defense Attorney, Race & Law, Robbery, Sentencing, Skagit County Criminal Defense, Uncategorized, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

Why Grocery Stores are adding Supplemental Security during the Coronavirus Outbreak | CITIGUARD

In State v. Thomason, the WA Supreme Court held that the low-level, de minimis nature of some crimes can allow for an exceptional downward sentence. However, the minimal level of force used to prove Robbery makes it inappropriate to allow a downward sentence.

FACTUAL BACKGROUND

On September 5, 2018, Thomason entered Yoke’s Fresh Market grocery store in Spokane.  A plainclothes security guard, Mr. Swartz, followed Thomason around the store. Swartz watched Thomason pick up about $15 worth of meat and cheese. Thomason proceeded to another part of the store and tucked the food down his pants. Thomason then left the store without paying.

Swartz followed Thomason out and confronted him. Swartz grabbed Thomason’s arm, displayed his badge, and asked Thomason to go back inside the store. Thomason tried to pull free, and Swartz warned him that he was only making the situation worse. The two pulled at each other back and forth as Swartz tried to detain Thomason and Thomason tried to break free.

During this exchange, Thomason swung at Swartz two times. Thomason used a closed fist, aimed at Swartz’s face both times, and hit Swartz the second time with a glancing blow. Swartz yelled at his partner, a guard in training, to help. Thomason punched Swartz a third time. Swartz testified that the third punch “hurt” and caused a minor injury. His face was sore and slightly red for a day or two. Thomason escaped by pulling out of his sweatshirt and running. He was seen getting into a passenger car and was eventually apprehended.

The State charged Thomason with second degree robbery just before trial. A jury convicted him as charged.

THE SENTENCING

At sentencing, the parties agreed that Thomason’s offender score was 10. That made his standard sentencing range 63-84 months. Thomason requested a 12-month sentence. This was a exceptional downward departure from his sentencing range.

The trial court judge considered an exceptional sentence below the standard range. The judge said that the crime was no more than a “glorified shoplifting charge” that should have been treated as a misdemeanor. Nevetheless, the judge determined that the law barred him from imposing an exceptional downward sentence. The judge imposed 63 months, the bottom of the standard range, instead.

Thomason appealed on several grounds. However, the Court of Appeals affirmed his conviction. The WA Supreme Court granted appellate review solely on the exceptional sentence issue.

COURT’S ANALYSIS & CONCLUSIONS

The Court reasoned that Washington’s Sentencing Reform Act lists mitigating circumstances that can support an exceptional sentence below the standard range. It explained that in appropriate cases, the de minimis nature of a crime can support an exceptional sentence below the standard range. An appropriate case is one in which (1) the legislature did not consider the mitigating factor already when it listed the elements of the crime or set the standard sentence range and (2) the factor constitutes a substantial and compelling reason to depart below the range.”

The Court acknowledged Thomason’s argument that his crime was de minimis. The value of the items taken was low and no force was used to accomplish the taking. Although force was used to retain the property, it was “minor” force. However, the court disagreed with Thomasan’s argument that he was allowed an exceptional downward sentence.

The Court reasoned that the plain language of the robbery statute shows that the legislature did consider a defendant’s minimal use of force when it defined the crime of second degree robbery.

“As the emphasized language shows, the legislature clearly considered whether the crime of second degree robbery should punish a taking combined with a minimal showing of force. It criminalized a taking in which either ‘force’ ‘or’ no force at all—just ‘fear’—is used to accomplish the taking . . . The legislature even said that where, as here, such force or fear is used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking, the degree of force is immaterial.”~WA Supreme Court

With that, the WA Supreme Court affirmed Mr. Thomason’s conviction.

My opinion? I agree with Chief Justice Steven Gonzalez’s concurring opinion. He wrote separately because he was increasingly troubled by our controlling, unchallenged precedents and the sentencing laws they interpret.

“Washington’s sentencing guidelines suggest, among other things, that unconstrained discretion in sentencing operates to favor whites and disfavor members of minority groups,” said Justice Gonzalez. As part of the concurrence, he references an article about prosecutorial discretion and sentencing guidelines. He ended his opinion with choice parting words:

“We must find a way to live justly with one another. We must not steal from each other or strike each other. But when it happens, the State must not respond with a disproportionate punishment. I am increasingly concerned that sentences like this for what amounts to glorified shoplifting are simply not just and speak to deep problems with our sentencing systems.” ~Chief Justice Steven C. Gonzalez, WA Supreme Court.

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


Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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