Toxicology Lab Decision

January 30th, 2008   Filed Under Legal News  

A number of attorneys are working very hard on the toxicology lab case. These attorneys have devoted hundreds of hours and thousands of dollars. Today these attorneys rightfully obtained another win. King County East Division ruled in favor of the motion to suppress regarding the toxicology lab. The court held there were a number of irregularities including: false certification, defective and erroneous certification procedure, violation of protocols, improper evidentiary procedures, inadequate and erroneous protocols and training, and much more. To read the full finding of the court you can go here.
There is a systemic problem with tox labs throughout the country that still needs to be addressed. Hopefully these cases will wake Washington state up.
The many lawyers that are handling this case throughout Washington state have done a great service to the public. I tip my hat to these attorneys and their tireless effort to seek the truth.

Bill to Establish Prison Oversight

January 28th, 2008   Filed Under Legal News  

The AP reported today that Senator Kastama of Puyallup has sponsored a bill to establish an independent agency that would investigate claims of prisoners. Department of Corrections Secretary Eldon Vail set forth that the Department of Corrections has its own oversight system in place that adequately handles the complaints on inmates.

UPDATE: I have corrected this post which originally posited that Eldon Vail opposed the bill.

Strippergate Comes to a Close

January 25th, 2008   Filed Under Legal News  

The long civil and criminal battle between club owners, the Colacurcio’s, and the State appears to be reaching a resolution.

In court Thursday, Seattle strip club owner Frank Colacurcio Junior pleaded guilty to a felony charge. He was sentenced to a $10,000 fine, but no jail time under a plea deal that resolves his part in the case that once rocked City Hall.

HIs father, Frank Colacurcio, Sr., did not appear in court Thursday due to health problems. Instead, he is scheduled for a court hearing on Monday at 1:30 p.m.

Snohomish Prosecutor’s Office Stands by Previous 3 Strikes Convictions

January 24th, 2008   Filed Under Legal News  

Seattle Weekly reporter and blogger provided the following on the Seattle Weekly Blog:

Contrary to rumor, Snohomish County Prosecutor Janice Ellis is not digging into her office’s old three-strikes case files, as King County Prosecutor Dan Satterberg is doing. I had heard that Ellis was as I researched today’s story on Satterberg, who concedes that some early three-strikes sentences may have been unjust. But in Snohomish County, Ellis says after I finally reach her this morning, “it’s not an issue.” She says she knows of only one case where questions of injustice have been raised, that of a serial robber named Cherease Cross, and the prosecutors who worked on that case strongly supported a life sentence.

On the other hand, Ellis says, “I’ve always felt like ‘robbery 2’ and ‘assault 2’ should not be on the list” of three-strikes offenses.” She says she sees too many of those offenses to feel they warrant the exceptional, life-without-parole sentence mandated by the three-strikes law. Second degree assault is particularly common. “Maybe it’s a reflection of our county, that we have a lot of bar fights,” she says.

Although state Sen. Adam Kline is taking a year off his perpetual attempt to reform the law, Ellis says she’d be happy to express her views to the Legislature. “I actually feel quite strongly,” she says. But she also notes that many Eastern Washington prosecutors hold a contrary opinion just as strongly.

Read the full blog posting here.

Prince of Pot Reaches Deal With Prosecutor

January 16th, 2008   Filed Under Legal News  

In local news, Marc Emery, the proclaimed “Prince of Pot” made a plea deal that allows him to serve a five year prison sentence in a Canadian prison. From the Seattle Weekly’s Rick Anderson:

Emery…was willing to fight the charges on principal, but said the deal is designed to help two co-accused avoid lengthy sentences in a U.S. prison and to keep him closer to family and friends. U.S. officials say Emery illegally sold millions of dollars of marijuana seeds from his business in Vancouver, but he and supporters said his activities were well known and tolerated by Canadian officials, including the federal Health Department. “My complaint is that there is no victim. Nobody who can say I hurt them, yet there are thousands of people who I can point to and say I helped,” said Emery, who paid taxes on his earnings and gave money to charities and political causes.

The full article on the “Prince of Pot Deal” is here.

Prosecutor Drops Case Against McIver

January 16th, 2008   Filed Under Uncategorized  

Seattle Weekly blog posted today.

Another Exoneration Based on DNA Evidence

January 11th, 2008   Filed Under Legal News  

View Rick Anderson’s full article in the Seattle Weekly here.

Gov. Gregoire Supports Sobriety Checkpoints

January 8th, 2008   Filed Under Legal News  

From the Seattle Weekly article by Mike Seely:

Governor Christine Gregoire has announced her support for legislation that would allow highway patrolman to start setting up sobriety checkpoints on Washington State roads, despite years of legal precedent pointing to their unconstitutionality…

What Makes a Jury Fair?

January 7th, 2008   Filed Under Legal News  

The Court recently overturned a rule allowing juries based purely on geography.”Efficiency and convenience should not be the sole consideration when determining whether individuals are being provided a random and proportional jury pool…such a provision is a cherished right, not to be taken lightly.” The full article can be found here.

Seattle: Is a Red Light Camera Coming to Your Neighborhood?

January 3rd, 2008   Filed Under Legal News  

See the announcement from Nickles here.

Exploring the Consequence of Returning Prisoners to Their County of Origin

January 2nd, 2008   Filed Under Legal News  

One of Washington State’s most insightful investigative reporters explores a state law that is keeping families apart, even after a convict is released. Read Nina Shapiro’s full article in the Seattle Weekly here.