Category: criminal justice

Bill to Allow Police to Use Force Against Fleeing Suspects Could Face Constitutional Challenge

Washington State Capitol (Flickr: SounderBruce)

By Paul Kiefer

Responding to pressure from law enforcement agencies, state lawmakers introduced a bill last week that would allow police officers to use force to stop people from fleeing when police detain them on suspicion of a crime. Currently, police can only use force when they have enough evidence to arrest a person.

During a public hearing Tuesday, dozens of commenters, including local and national police accountability advocates, testified against the bill, arguing that it would escalate otherwise minor confrontations between police and civilians. The bill’s supporters, most of them police, argue that the change is necessary to prevent criminal suspects from running away from police with impunity. Looming over the debate, however, is a 1968 US Supreme Court decision that could be the largest obstacle to the bill’s passage and, if it becomes law, spark a new fight over the constitutional limits on use of force by police.

The bill, sponsored by Rep. Roger Goodman (D-45, Kirkland), would have two key effects. First, it would define “physical force” in state law for the first time, a change supported by both police accountability advocates and police themselves, as well as the state attorney general’s office. Second, and more controversially, the bill would allow police to use force when someone runs away from a so-called “investigative detention,” a type of police stop that only requires an officer to suspect a person of a crime, a lower standard than having probable cause for arrest.

The bill is part of a broader effort by Goodman and other Democratic lawmakers to revisit and refine a set of sweeping police reform bills that passed in 2021. This year’s bills, which also includes a proposal to allow officers to use force to detain people for involuntary mental health treatment, are a response to a year’s worth of backlash from law enforcement and Republican lawmakers, who claim the reforms have emboldened criminals and hamstrung police. The most controversial of last year’s police reform laws outlined a strict standard for when police can use force, allowing force only when officers have probable cause to make an arrest or when necessary to prevent a serious physical injury to themselves or another person.

“We know people of color and young people are more likely to be stopped, and we know they’re more likely to run away, even when they haven’t done anything, because they are intimidated by police officers.”—Enoka Herat, ACLU of Washington

Goodman’s proposal to allow police to use force to stop someone from running away from an investigative stop wouldn’t restore a power that police had before 2021. Instead, it would allow police to use “reasonable” force in an entirely new context after attempts to de-escalate a situation have failed. “Irrespective of the situation, police cannot use excessive force,” Goodman said. “That isn’t changing.”

Police accountability advocates, however, say allowing police to use force to stop someone from running away from an investigative stop is a recipe for trouble. “Hinging the law on flight from a stop is especially problematic,” said Enoka Herat, a police policy specialist with the ACLU of Washington, “because we know who it would harm. We know people of color and young people are more likely to be stopped, and we know they’re more likely to run away, even when they haven’t done anything, because they are intimidated by police officers.” Herat also warned that the bill might give officers too much leeway to decide what counts as “fleeing,” making it difficult for civilians to successfully sue officers for using force inappropriately.

Goodman sees his proposal as a middle ground between protecting civilians and allowing police to enforce the law. He argues that since state law still allows police officers to use force to arrest someone for obstruction of justice, a crime that can include running away from an investigative stop, his proposal would make it possible for fleeing suspect to avoid adding an arrest for obstruction to their record, if police decide they did not commit any crime.

Brian Smith, the Chief of the Port Angeles Police Department, also testified on Tuesday that Goodman’s bill could help resolve the “angst and confusion” that has made some officers unwilling to arrest suspects for obstruction when they try to flee a stop; officers would more frequently prevent people from running away from stops, he said, if they could use force more freely. Continue reading “Bill to Allow Police to Use Force Against Fleeing Suspects Could Face Constitutional Challenge”

Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban

1. Supporters of a bill that would legalize small multifamily buildings in residential areas across the state were testing messages for and against the legislation in a telephone poll last weekend.

The bill would eliminate the kind of exclusionary zoning that has preserved three-quarters of Seattle’s residential land exclusively for detached single-family houses, allowing very modest density (between two and six units, depending on proximity to housing and employment centers) in residential areas.

Although the bill is complex, selling it politically will boil down to messaging, which is where polls come in. This one tests how a number of positive messages impact a respondent’s support for the bill, including:

– Bans on homes like duplexes and triplexes make it more difficult for people of color to live in high-opportunity neighborhoods;

– Making more home types available and affordable helps protect our climate and prevent sprawl;

– The housing crisis spans municipal borders, which is why we need statewide solutions.

The poll also tests a number of messages opponents may use against the bill to see which ones are most convincing, such as:

– Traffic here is already terrible. It is impossible to live without a car here. This plan for massive new development will put more cars on the road and some units will not have to have off street parking. Our region is already growing too fast. Let’s not make it worse.

-We need to preserve the character of local neighborhoods. This is blanket fix that eliminates local control of development. It’s a one-size-fits-all mandate, even where new housing does not fit local character and the infrastructure isn’t there. Middle-income housing should not be burdened with fixing the housing crisis.

– This bill will accelerate and increase gentrification. too many working people, especially people of color, have already been forced to move and the solution should be rent control. This is another attempt by politicians in Olympia to line the pockets of wealthy property owners.

Although voters won’t get a direct say on HB 1782 or other legislation aimed at increasing access to affordable housing, a successful messaging campaign could put pressure on wavering density supporters to solidify or back off on their support for pro-housing bills. As happened last year, density opponents are already rolling out competing bills that are riddled with loopholes and designed to preserve the single-family status quo.

Although Dunn voted to fund Restorative Community Pathways’ $5 million budget at the end of 2020, he told PubliCola it turned out to be a bait-and-switch

2. King County Councilmember Reagan Dunn introduced a motion on Tuesday to pause a new juvenile diversion program, arguing that the program softens the consequences for crimes he considers too serious for diversion.

In a press release, Dunn cited similar complaints from the mayors of Kent, Auburn, Federal Way and Renton, who said the program could exacerbate the recent uptick in gun violence.

Dunn is challenging Democrat Kim Schrier to represent Washington’s 8th congressional district—a historically Republican seat. His criticism of Restorative Community Pathways is the latest in a series of high-profile provocations that position Dunn as a law-and-order stalwart on the council; he also led the charge to condemn City Hall Park, adjacent to the King County Courthouse in downtown Seattle, as a public safety hazard.

Federal Way Mayor Jim Ferrell, the only other person quoted in Dunn’s press release, is campaigning to replace outgoing King County Prosecutor Dan Satterberg, also on a law-and-order platform.

Restorative Community Pathways, launched at the end of 2021, relies on nine nonprofits—including well-known organizations like East African Community Services—to provide counseling and supportive services to young people charged with low-level crimes, ranging from car thefts to some assaults. Most of the roughly 70 people referred to the program so far were arrested for misdemeanors, but the program is also open to young people charged with felonies. Continue reading “Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban”

Public Defenders Union Joins Jail Guards’ Call to Address COVID Crisis

The King County jail in downtown Seattle (Paul Kiefer/PubliCola)

By Paul Kiefer

An overwhelming surge of COVID-19 infections among staff and inmates at King County jails has spurred a rare alliance between the unions representing the county’s correctional officers and public defenders, which sent a joint letter to elected officials in Seattle and King County on Friday asking for an immediate intervention to reduce the jail’s population and stem the spread of the virus.

“COVID-19 should not be a death sentence for anyone held in a jail or anyone working in a jail,” the unions wrote. “The stark reality is that if no changes are made, people will continue to get sick and continue to suffer.”

The two labor organizations typically represent opposite perspectives in the criminal legal system, a tension they acknowledged in their letter as a sign of the dire need for emergency actions. To reduce the jails’ populations, the unions pushed the county to immediately stop booking people into jail for non-violent offenses, to stop issuing warrants for misdemeanor and non-violent offenses, and to “make plans for the immediate release of all misdemeanor and non-violent offenders.” The unions also pressed county officials to prioritize improving staffing and workplace safety at the jail.

The jails face a severe staffing shortage, with 50 corrections officers out sick and another 100 vacant officer positions that the county has struggled to fill. “Fear, tension, and confusion are sweeping our jails nearly as quickly as COVID,” the unions wrote.

In response, the King County Prosecutor’s Office has expressed its openness to moving more inmates to electronic home monitoring to reduce crowding, though many of the people held in jail under the prosecutor’s purview are charged with violent offenses. Meanwhile, new Seattle City Attorney Ann Davison has expressed her intentions to more aggressively pursue misdemeanor prosecutions of “quality of life” crimes like shoplifting and carrying a concealed firearm without a permit—a plan that could be at cross purposes with the unions’ push to reduce the jail population.

As of Friday afternoon, 197 of the 1,388 people held in King County jails had tested positive for COVID-19, and a total of 288 people were in quarantine. That total has risen astronomically since the start of the new year: the number of infections in King County jails was in the single digits for months until the last week of December. The jails also face a severe staffing shortage, with 50 corrections officers out sick and another 100 vacant officer positions that the county has struggled to fill. “Fear, tension, and confusion are sweeping our jails nearly as quickly as COVID,” the unions wrote.

According to King County Adult and Juvenile Detention (DAJD) spokesman Noah Haglund, the scale of the outbreak overwhelmed the space and staffing limitations of the Maleng Regional Justice Center in Kent, where the county has housed COVID-positive inmates for most of the pandemic. DAJD is now also housing COVID-positive inmates at the King County Correctional Facility in downtown Seattle, and it has limited out-of-cell time for anyone in quarantine to 30 minutes or less per day. People in quarantine at the downtown Seattle jail, Haglund added, are likely to have more out-of-cell time because of the layout of the housing units. At both facilities, the DAJD has provided radios and games to people in quarantine. Continue reading “Public Defenders Union Joins Jail Guards’ Call to Address COVID Crisis”

Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team

1. King County Prosecuting Attorney Dan Satterberg announced on Friday that he will not seek reelection in 2022, bringing an end to 37-year career in the King County Prosecutor’s Office, including four terms as the elected prosecutor.

In the 15 years since he was first elected, Satterberg has gradually shifted the attention of his office toward alternatives to prosecution. Those efforts included supporting diversion programs for people arrested for drug offenses years before a state supreme court decision overturned Washington’s felony drug possession laws in February 2021. Under Satterberg’s leadership, the prosecutor’s office also launched a sentencing review unit as part of an effort to remedy excessively long prison sentences.

Under Satterberg, the prosecutor’s office has participated in a push to scale back the use of juvenile detention in the county, relying on both diversion programs and an overall decline in juvenile crime. However, Satterberg has opposed closing down the county’s juvenile jail, and has voiced skepticism about efforts to reform Washington’s juvenile sentencing laws. In December 2020, Satterberg tried to appeal a pair of Washington State Supreme Court decisions expanding judges’ discretion to consider the age and maturity of juvenile offenders as mitigating factors when sentencing or re-sentencing them; the US Supreme Court later declined to hear Satterberg’s appeal.

Satterberg’s support for diversion programs has drawn the ire of some law enforcement allies, who blame his increasing focus on alternatives to detention for a recent rise in violent crime. But criticism has come from both sides: During the 2018 election, he faced a challenge from public defender Daron Morris, who criticized Satterberg for participating in a county-wide crackdown on sex work.

Since the start of the pandemic, Satterberg’s office has faced a backlog of felony cases fueled by court closures and staffing shortages. At the same time, law enforcement agencies across King County referred nearly a quarter fewer felony cases to the prosecutor’s office in 2021 than the pre-pandemic average, adding to an overall decline in the number of charges the office files each month in court.

In the final year of his term, Satterberg plans to expand a diversion program for first-time property crime felonies to serve adults, in addition to those younger than 18.

Satterberg’s chief of staff, Leesa Manion, announced her intention to run for Satterberg’s position in November. Manion is the first person to announce their candidacy for the office, and she follows in Satterberg’s footsteps: Before he led the office, Satterberg was the chief of staff to the late King County Prosecutor Norm Maleng.

King County Councilmember Rod Dembowski also filed his candidacy for the position on Friday, as did Federal Way Mayor Jim Ferrell.

2. The Seattle Parks Department issued a violation and ordered re-training for the head of its encampment cleanup team after the employee approved a no-bid, no-contract deal to pay a company owned by a current city employee to remove trash from encampments, in violation of city contracting policy.

PubliCola learned of the violation from documents obtained through a records request. The notice of violation also raises questions about whether crew members for-owned company, Fresh Family LLC, paid its workers prevailing wages, a requirement for city contracts. According to a spokeswoman for the parks department, the prevailing wage for encampment cleanup crew members is $54.62 an hour; the department “is working to clarify whether Fresh Family failed to pay prevailing wages,” adding that “there was some discrepancy related to prevailing wages that SPR is working to address.”

Fresh Family’s owner, Debbie Wilson, is a former Parks Department employee who now works for City Light; the company received at least $434,000 in payments from the city over two months, according to invoices provided in response to PubliCola’s records request. The most recent invoice is for work performed on November 30, the day before PubliCola contacted Parks to ask about the company and three days before we ran a story about the unusual no-bid, no-contract deal.

Ordinarily, companies that do encampment cleanups are hired through what’s known as a blanket contract; when the Parks Department hires a company to remove an encampment or clean up garbage or other waste, they are required to choose from a list of companies that are included in this blanket contract.

The department can hire companies that are not on the list under one of two circumstances: If a contract is under $55,000 (which requires soliciting at least three bids), or if none of the companies on the list are available to do the work. Neither of these conditions were met when the city hired Fresh Family LLC to do encampment cleanup work during October and November.

According to the Parks Department spokeswoman, the department “will be providing this employee [Waters[ with a training that covers the full contracting process: vendor selection, contract creation, direct payment, coding, invoicing, and all city policies pertaining to the contracting process. This is a training that is given to staff periodically and again to specific staff when needed.”

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3. Seattle City Attorney Ann Davison announced on Friday that she has hired former US Attorney Brian Moran to help her office process a backlog of more than 4,000 misdemeanor cases and to advise her on “near term criminal priorities.”

Former President Donald Trump appointed Moran to serve as the US Attorney General for the Western District of Washington in 2019, with support from Washington Senators Patti Murray and Maria Cantwell during his confirmation process. At the request of the US Department of Justice, Moran resigned from his post in February 2021 alongside 54 other Trump-era US Attorneys.  Continue reading “Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team”

New Leadership on Every Floor of City Hall as 2022 Begins

1. Incoming city Attorney Ann Davison painted a dire portrait of Seattle in her official swearing-in speech on Tuesday morning, framing her plans to crack down on misdemeanor offenses as a fight to “stand up for victims” who have been unrepresented at City Hall.

“Communities are afraid to use their parks, people are afraid to walk down 3rd Avenue, and parents are afraid to send their kids to wait for the bus,” Davison said, pointing to the Seven Stars Pepper restaurant at the intersection of S. Jackson Street and 12th Little Saigon as a case study in the consequences of rising petty crime. The owner, Yong Hong Wang, warned last fall that her restaurant is on the brink of failure because customers are afraid of the ad hoc street market — a group of vendors selling everything from shampoo to narcotics — at an adjacent bus stop.

“She will lose her life savings because criminal activity has gone unchecked,” Davison said of Yong. “She should not have to pay the price.”  

Davison also raised the specter of gun violence, citing the May 2020 shooting of 18-year-old Connor Dassa-Holland in Rainier Beach. “It is the duty of the city attorney’s office to prosecute weapons charges and take guns off the streets so that misdemeanor gun offenses don’t lead to felony homicides,” Davison said.

Only a handful of gun-related crimes are misdemeanors under Washington law, including “unlawfully displaying” (or brandishing) a firearm as an intimidation tactic and carrying a concealed handgun without a permit. Davison’s office can only prosecute misdemeanors; the King County Prosecutor’s Office is responsible for filing felony gun possession charges.

Davison did not mention her office’s civil division, which defends the City of Seattle in lawsuits and advises the city council and mayor’s office as they develop new legislation.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different: We’re funded entirely by reader contributions—no ads, no paywalls, ever.

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Davison’s tough-on-crime rhetoric prompted the city council to consider adding diversion to the city attorney’s charter duties in 2021. The council demurred in December, opting instead to require the city attorney to notify the council within 90 days of making any changes to, or eliminating, the office’s diversion programs, and provide quarterly reports to the council about the effectiveness of diversion programs. Davison was critical of the reporting requirement, accusing the council (six women, three men) of holding her to an unfair standard because of her gender. Davison is the first woman to hold the city attorney’s office—a detail she underscored in her remarks on Tuesday. Her general-election opponent, Nicole Thomas-Kennedy, is also a woman.

2. Shortly after Davison wrapped up her speech, new mayor Bruce Harrell held his own ceremonial swearing-in at City Hall. In an optimistic, mostly lighthearted speech that offered few policy details, Harrell pledged to work with people who opposed his election,  and make quick progress on major issues including homelessness, health care, and the selection of a permanent police chief.

Harrell previewed a handful of upcoming executive orders and decisions, including one order that will direct the city’s public utilities “to proactively provide us information on utility shutoffs, which is often an indicator of homelessness vulnerability or human service needs.” No utility customer has lost power or water since mid-2019, thanks to a combination of legislation and a moratorium on utility shutoffs during COVID.

Asked about the practical impact of the order, a Harrell spokesman said it would identify “people most at risk of homelessness or housing instability, as those facing arrearages or utility shutoffs—enforced or not—are often those most in danger of losing their housing. So the order is focused on driving greater coordination between SPU, City Light, and Offices of Housing and Human Services to prevent homelessness.”

Alluding to the longstanding debate over police funding, Harrell said that a “safe city needs the right kind and right number of police officers.”

In his speech, Harrell also vowed to review barriers to affordable housing construction, such as reducing permitting delays—a common obstacle that can add thousands to the cost of housing construction. During his campaign, Harrell made it clear that believes dense housing should be confined to specific areas (the longstanding “urban village” strategy), but reducing barriers to development is a pro-housing step—as is Harrell’s appointment of Marco Lowe, a City Hall veteran who worked for mayors Greg Nickels and Mike McGinn before taking a position at the Master Builders Association, where he advocated for pro-housing policies.

Harrell, responding to a reporter’s question, said he would not immediately launch a national search for a permanent police chief, instead giving interim Chief Adrian Diaz “real measurement criteria by which I can see what he’s doing” before deciding whether to “lift the ‘interim’ or do a national search” at some point before the end of March.

Alluding to the longstanding debate over police funding, Harrell said that a “safe city needs the right kind and right number of police officers.” Deputy mayor Monisha Harrell, who served as the interim police monitor overseeing the federal consent decree, will oversee policing policy for Harrell’s office and will play a key role in determining what the administration believes “the right number” is.

3. After weeks of behind-the-scenes drama, the city council elected District 5 Councilmember Debora Juarez the first Indigenous council president on Monday. (Backstory here). The council also approved a new list of committees and committee chairs that reflects the relative power (and individual interests) of the eight other councilmembers. (Council presidents, who oversee the business of the legislative branch, generally don’t take on high-profile committees). Continue reading “New Leadership on Every Floor of City Hall as 2022 Begins”

Appeals Court Rules State Must Pay When People With Disabilities Wait in Jail for Services

A “rubber room” at the Snohomish County Jail in 2013, used to hold people with serious mental illnesses in isolation.

By Paul Kiefer

The Washington State Department of Social and Health Services (DSHS) won’t appeal a ruling by state Court of Appeals that could enable people held in jails for weeks while awaiting mental health evaluations to receive financial compensation for their lengthy, and possibly unconstitutional, confinement.

The ruling signals a possible turning point in a push by public defenders and disability rights advocates to overhaul how Washington’s criminal legal system treats jailed people with serious mental illnesses.

When someone’s mental health during and after an alleged crime comes into question, the state gives them a “competency evaluation” to determine whether they are competent to stand trial. If they’re not competent, their case can be paused while they are treated at a state facility, where staff can “restore” them to competency by using medication and therapy to treat their mental illness. The goal of restoration is to return people to a point where they can understand the charges against them, return to jail or the community, and eventually go to trial.

The ruling, which the Court of Appeals issued at the end of November, centered on Shymila Luvert, who spent four months languishing in a jail cell last year while awaiting a mental health evaluation that never came. Luvert, charged with a second-degree assault and booked into King County’s Maleng Regional Justice Center in Kent last spring, didn’t appear to understand what was happening to her.

The push to force DSHS to compensate individuals with disabilities for long wait times is new, but the underlying problem is not. The number of people with mental disabilities and illnesses left waiting for mental health services in jails across Washington has risen steadily for years.

A King County judge ordered that Luvert receive a competency evaluation in her jail cell. When she refused to engage with the evaluators from DSHS, the court changed strategies, directing the department to move her to Western State Hospital in Lakewood for an inpatient evaluation within a week.

As Luvert waited for a bed to open, she sank deeper into her mental health crisis. “It was clear that she was not understanding what I was doing there, or what I was talking about,” said Ramona Brandes, the King County public defender who represented Luvert. “She was just sitting in jail, and she didn’t understand why. It was doubly sad because I couldn’t move her case forward in any way and I couldn’t get her the services she needed.”

As weeks turned to months, the court gave the department an ultimatum at the end of July: Find a bed for Luvert in less than a week or temporarily release her. When DSHS didn’t comply, the court ordered the department to pay Luvert $250 for each day she spent in jail beyond the first two weeks of her stay.

The push to force DSHS to compensate individuals with disabilities for long wait times is new, but the underlying problem is not. The number of people with mental disabilities and illnesses left waiting for mental health services in jails across Washington has risen steadily for years. Many spend their time in isolation cells with only occasional visits from mental health care providers, and their mental and physical health often deteriorates as time drags on. Some people spend more time in jail waiting for evaluation than they would have if they were simply convicted of the crime and sentenced to jail time.

In 2014, a group of public defenders and mental health advocates sued DSHS and its two major hospitals in federal court on behalf of more than 100 defendants statewide who had languished in jail while waiting weeks or months for evaluation or to have their competency “restored.” That case, known as Trueblood—named for one of the public defenders who filed the lawsuit—appeared to mark a turning point.

“Jails are not hospitals, they are not designed as therapeutic environments, and they are not equipped to manage mental illness or keep those with mental illness from being victimized by the general population of inmates,” US District Judge Marsha Pechman wrote in her ruling in April 2015. The court ordered the state to complete initial in-jail mental health evaluations within two weeks, and to transfer anyone who does not appear mentally competent to a state psychiatric hospital within seven days.

But in the years since the case, DSHS hasn’t been able to consistently reduce wait times for people in need of competency evaluations or restoration. “[Trueblood] gave us all this hope that there is going to be a change, that things were going to get better,” Brandes said, “and that DSHS was going to start transporting people in a timely fashion. And then they didn’t.”

Instead, the department has paid more than $85 million in contempt fines to the federal court, along with millions to county courts. Those dollars were set aside to pay for new mental health services, staff and facilities, both in county jails and in DSHS hospitals. In 2018, DSHS reached an agreement with disability rights advocates in federal court to take a new approach. Rather than paying contempt fines, the state agreed to devote more resources not only to meeting the court’s intake timelines, but to scaling up diversion and crisis intervention programs. The court didn’t fully waive contempt fines; instead, DSHS has accrued another $100 million in fines that it will need to pay if it can’t meet its promises to improve wait times and diversion programs.

“[Trueblood] gave us all this hope that there is going to be a change, that things were going to get better, and that DSHS was going to start transporting people in a timely fashion. And then they didn’t.” —King County public defender Ramona Brandes

Kim Mosolf, the director of the treatment facilities program at Disability Rights Washington—the nonprofit that negotiated the settlement with DSHS in 2018—said the new emphasis on diversion, which keeps people out of both jails and hospitals, is a way to stem the flow of people with disabilities into jail and psychiatric hospitals. DSHS, she said, “had been trying to build their way out of the Trueblood contempt fines for several years without luck,” opening hospital beds slower than the demand for them rose.

The number of people who need in-patient evaluation or restoration outpaced the department’s ability to open new hospital beds and hire staff, keeping wait times long for people awaiting transfers from jails. The COVID-19 pandemic, which forced Western State Hospital to temporarily pause intake to contain an outbreak, only exacerbated delays.

Mosolf added that adding beds to speed up the process of competency restoration isn’t a long-term fix. “Restoration is not treatment in the way that most people consider treatment,” she said—the purpose of restoration is to make a patient competent enough to stand trial, even if their improvement is temporary. “The state’s own data shows that experiencing restoration does not lead to longer-term stability and health for people—so investing in more inpatient restoration beds is actually a very bad investment in terms of the returns.” Continue reading “Appeals Court Rules State Must Pay When People With Disabilities Wait in Jail for Services”

As Omicron Cases Surge, King County Jail Vaccination Rate Reaches New High

Norm Maleng Regional Justice Center
Photo via Kingcounty.gov.

By Paul Kiefer

Nine months into the campaign to vaccinate people held in King County’s three detention centers, jail health staff have fully vaccinated more than 2,000 people. The effort shows no signs of abating. But with cases of the highly contagious Omicron variant of the COVID-19 virus surging in Seattle and King County, the risk of serious outbreaks among jail inmates and staff is also far from over.

As of Monday, December 27, the King County Department of Adult and Juvenile Detention (DAJD) recorded twenty new COVID-19 infections among people in custody. The new cases mark one of the largest spikes since the department’s vaccination campaign began in March, when nearly 50 inmates tested positive for the virus in a span of three weeks. After several smaller surges over the summer, infections in the jails remained consistently low from mid-September until last week, when the latest surge began.

The population of the jails turns over frequently. In the first half of 2021, the average inmate spent just over a month in custody. The constant flow of new arrivals, combined with the transmission risk posed by guards and jail staff, makes it difficult to completely curtail the spread of the virus behind bars. In total, DADJ has recorded 355 cases of the virus among inmates since the pandemic began. However, as a result of the pandemic, King County’s jails also hold far fewer people than in the recent past. Since the start of the pandemic, the county’s inmate population has fallen by nearly a third, with 1338 people in custody as of last Tuesday.

When a person arrives at a jail in King County for booking, health staff test them for COVID-19 and offer them a chance to get vaccinated. When the vaccination program began at the end of March, 101 inmates received vaccines in the span of a single week. After a surge of takers in April and May, the pace of vaccination slowed; since June, health staff have vaccinated an average of 291 people per month.

Because of the high turnover, it has been a challenge for jail staffers to keep pace with the county’s overall vaccination rate, which recently passed 75 percent. The vaccination rate behind bars hovered around 50 percent for much of the summer, although it has risen to 65 percent as of this week.

“The people we serve have as many questions as anyone else about the COVID-19 vaccine,” said King County Jail Health Division Director Danotra McBride. “A significant portion of our incarcerated patients have been hesitant to receive the vaccine since it first became available, but we’re happy to see hesitancy decreasing over time.” To boost the vaccination rate among the incarcerated population, jail health staffers have begun offering vaccines to inmates during every clinic visit, and jail administrators have brought infectious disease experts to talk with people in custody at the jails in Seattle and Kent.

The arrival of the Omicron variant in King County—which, as of last Tuesday, made up a third of the county’s total recent infections—creates a new challenge for the county’s jail population and health workers. The new variant is more resistant to existing COVID-19 vaccines, presenting a challenge to jail health staff just as the vaccination campaign began to pick up steam once again.

Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More

1. On Monday, December 20, the city will remove a large RV and tent encampment along West Green Lake Way North, close to the lawn bowling area of Lower Woodland Park. Notice for the removal went up on Thursday and the city’s HOPE team—a group of city employees that does outreach to encampment residents in the immediate runup to a sweep—began its usual pre-sweep process of offering shelter beds to the people living there earlier this week. 

According to outreach workers in the area, most of the RV residents plan to move their vehicles about a block, to an area of Upper Woodland Park where the city has indicated they will not remove tents and RVs until next month. 

The encampment, which has persisted for many months, was the backdrop for a pre-election press conference by then-candidate Bruce Harrell, who said that if he was elected mayor, he would have the authority to “direct mental health counselors and housing advocates down here [and] bring down individualized case management experts” to find shelter or housing for the people living at the site.

Last week, City Councilmember Dan Strauss said the city planned to expand the “new, person-centered approach” used to shelter people living at the Ballard Commons into other encampments in his North Seattle district, including Lower Woodland Park. Outreach workers say that what they’ve seen instead is a business-as-usual approach that consists of putting up “no parking” signs and notices that encampment residents have 72 hours to leave.

“Every single one of these people was swept from another site, and I know that most of these people have been swept over and over.”

As PubliCola noted (and Strauss acknowledged) last week, the approach the city took at the Ballard Commons was successful thanks to an unusual flood of new openings in tiny house villages and a former hotel turned into housing in North Seattle, making it possible for outreach workers to offer something better than a basic shelter bed to nearly everyone living on site. Now that those beds are mostly full, the Human Services Department’s HOPE Team is back to offering whatever shelter beds happen to become available, including beds at shelters that offer less privacy, require gender segregation, or are located far away from the community where an encampment is located.

PubliCola contacted the Human Services Department on Friday and will update this post with any additional information we receive about the encampment removal.

Jenn Adams, a member of a team of RV outreach workers called the Scofflaw Mitigation Team, said the people living in RVs in Lower Woodland Park ended up there after being chased from someplace else. “Every single one of these people was swept from another site, and I know that most of these people have been swept over and over,” Adams said. She estimates that between 25 and 30 people will have to move when the city comes through to enforce its no-parking signs on Monday.

2. City attorney-elect Ann Davison announced two key members of her administration on Thursday. Scott Lindsay, a controversial 2017 city attorney candidate who authored an infamous report that became the basis for KOMO TV’s “Seattle Is Dying” broadcast, will be deputy city attorney. Although Lindsay, who advised Davison on her campaign, was widely expected to receive a prominent role in her office, his appointment was met with groans from allies of former city attorney Pete Holmes, who defeated Lindsay four years ago by a 51-point margin.

Lindsay has a scant record, including virtually no courtroom experience. He also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

Lindsay’s views on crime and punishment (in brief: More punishment equals less crime) are largely in line with statements Davison, a Republican, has made during all three of her recent runs for office. As public safety advisor to Ed Murray, Lindsay was the architect of the “nine-and-a-half-block strategy” to crack down on low-level drug crime downtown; he also came up with the idea for the Navigation Team, a group of police and outreach workers who conducted encampment sweeps. (The HOPE Team is basically the Navigation Team, minus the police.) Lindsay has a scant record, including virtually no courtroom experience. Importantly, he also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

In contrast, Davison’s pick for criminal division chief, former King County deputy prosecuting attorney Natalie Walton-Anderson, prompted sighs of relief among advocates for criminal justice reform. As the prosecuting attorney’s liaison to the Law Enforcement Assisted Diversion program, Walton-Anderson “was instrumental in the success of the LEAD program for many years,” prosecuting attorney Dan Satterberg said in a statement. LEAD provides alternatives to prosecution for people engaged in low-level nonviolent criminal activity.

To emphasize the point, Satterberg’s office distributed an email chief deputy prosecuting attorney Daniel Clark sent around to the criminal division on Walton-Anderson’s last day earlier this year, when she left the office to join the US Attorney’s office earlier this year. In the memo, Clark called Walton-Anderson “braver, smarter, wittier, wiser, and savvier than anyone can convey in an email. And her impact on our community, our office and on the many people whose lives she has touched along the way is far greater than I can write.”

LEAD program director Tiarra Dearbone told PubliCola Walton-Anderson “has shown that prosecutors can make discretionary and creative decisions that support community based care and trauma informed recovery. She has made herself available to others across the nation who are trying to stand up alternative programs that create community safety and well-being. This is a really hopeful development.”

Davison’s announcement includes no testimonials on Lindsay’s behalf. According to the press release, Lindsay will work to “coordinate public safety strategies in neighborhoods across the city.”

3. Former City Budget Office director Ben Noble—whose departure announcement we covered last week—is staying on at the city, but moving from the CBO (an independent office that works closely with the mayor to come up with revenue forecasts and budget proposals to present to the council) to be the first director of the new Office of Economic and Revenue Forecasts, which will answer to a four-person body made up of two council members, the mayor, and the city finance director. Continue reading “Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More”

Council Changes Course, Won’t Require City Attorney to Run Diversion Programs

City attorney-elect Ann Davison
City attorney-elect Ann Davison

By Paul Kiefer

The Seattle City Council is backpedaling its plans to add diversion to the Seattle City Attorney’s list of mandatory responsibilities.

Earlier this year, city council president Lorena González said she would propose legislation to require the city attorney to send some misdemeanor cases to diversion programs instead of filing charges. Instead, on Thursday, González introduced a pared-down bill that would require the city attorney to notify the council 90 days before making any changes to, or eliminating, the office’s diversion programs, and provide quarterly reports to the council about the effectiveness of any diversion programs.

Diversion programs typically replace punishment, such as fines or jail time, with counseling and mandatory check-ins; in recent years, the city attorney’s office has begun relying on diversion programs to address crimes ranging from shoplifting to misdemeanor domestic violence.

González, along with committee chair Lisa Herbold and the bill’s co-sponsor, Councilmember Andrew Lewis, made clear on Thursday that the proposal would not require the city attorney’s office to run any programs that offer alternatives to prosecutions. “Nothing in this legislation impedes the city attorney’s discretion,” González said.

UPDATE Friday, December 10: In an email to all council members on Thursday morning, Davison suggested that the watered-down bill was a sexist act against Davison, who will be the city’s first female city attorney, writing, “none of my male predecessors faced a single preemptive move by the council to establish additional reporting requirements and restrictions on operations in the two months before they took office… I encourage my esteemed colleagues on City Council to question whether they are enforcing a double standard and what message that sends our daughters who one day may seek elected office.”

Davison also accused the council of ignoring “real public safety crises” in Little Saigon, the downtown core and north Seattle and instead “rush[ing] through” a bill to increase reporting requirements for the city attorney’s office. Citing a Seattle Times editorial that blamed the council for an uptick in crime in Little Saigon and the office’s 3,885-case backlog, Davison said she would “re-center the victims in our city’s public safety conversation.” She added that she was committed to transparency and “bolster[ing] the city’s diversion programs.”

The new legislation represents a dramatic turnaround from October, when González said she intended to introduce legislation by December to require the city attorney’s office to devote resources to diversion programs. Next year, thanks to a budget amendment also sponsored by González, $2 million of the city attorney’s budget will be earmarked for diversion programs, although city attorney-elect Ann Davison could choose not to spend those dollars.

Diversion programs have become a familiar feature of Seattle’s criminal justice system. The city attorney’s office is a key participant, referring defendants to nonprofit diversion programs and providing attorneys to work alongside defendants’ case managers in those programs. In the past two years, for example, the office sent more juvenile cases to the youth diversion nonprofit Choose 180 than it filed in court. Continue reading “Council Changes Course, Won’t Require City Attorney to Run Diversion Programs”

A Sexual Misconduct Investigation at a Rural Sheriff’s Department Highlights Gaps in State Police Oversight Laws

An Okanogan County Sheriff's Truck
An Okanogan County Sheriff’s Vehicle (Flickr: Diamondback Covers)

By Paul Kiefer

Maddesyn George spent much of the past year sitting in a cell in the Spokane County jail, awaiting her sentencing in an increasingly visible federal murder case. George, a 27-year-old from the Colville Reservation in north-central Washington, says she shot and killed her rapist in July 2020. After Colville tribal police took her into custody, she elaborated, telling prosecutors that the victim—Kristopher Graber, a man who sometimes sold her methamphetamine—had raped her at gunpoint at his house in Omak a day earlier. She stole his gun and fled, but she did not call 911 to report the rape to police in Omak: a detail that became relevant to her case, when prosecutors challenged her rape allegations. A day later, Graber caught up to her on the reservation, where George shot him with his own gun.

When tribal and federal prosecutors asked George why she hadn’t called the police to report her rape, she mentioned that she had reasons not to trust law enforcement in Omak. At the time, her reasoning seemed obvious: George is a Native American woman with a record of substance abuse, and she did not trust the county sheriff’s office to treat her fairly. But in late September, with her sentencing hearing approaching, George revealed another reason why she did not initially report her rape to local law enforcement: An Okanogan County Sheriff’s detective named Isaiah Holloway.

In purely geographic terms, Okanogan County is the largest in the state. But in many ways, the county is a small place. The remote stretch of mountains and plateaus along the Canadian border has a population of just 40,000; the largest town, Omak, is home to 5,000 of them. And the Okanogan County Sheriff’s Department, which patrols most of the county, has only three dozen sworn officers. In an agency as small as the Okanogan County Sheriff’s Department, a single case of misconduct can escalate dramatically. And Isaiah Holloway, at the center of two sexual misconduct complaints, is a prime example.

A fundamental lack of oversight on nearly every level in Washington leads to situations like the one that is still unfolding in Okanogan County, which highlights shortcomings in state rules about police officers and consent—and the power of law enforcement and prosecutors to decide whether misconduct matters.

George first recalls meeting Holloway during a traffic stop on a hot summer day in 2014, when Holloway stopped the car driven by a friend of hers to arrest the driver on a warrant from the Washington Department of Corrections. After placing her friend in handcuffs, Holloway began flirting with George, who was sitting in the passenger seat. When he asked to keep in touch, she gave him a fake phone number.

“A couple of days later, he tracked me down at a friend’s house,” she wrote in her statement to the federal court. “I still don’t know how he found me. He came to the door and said that it was ‘f—-d up’ that I gave him a fake number.” From that point on, she couldn’t avoid Holloway. For months, she wrote, Holloway regularly messaged her on Facebook, at one point telling her “that if [she] didn’t go out on a date with him,” she would “face greater scrutiny from police.” On other occasions, she added, he asked her to “get a room” with him. Increasingly uncomfortable with Holloway’s attention, George moved to a new town to avoid him. So when Graber allegedly raped her in Omak—a town within Holloway’s jurisdiction—George argues that she had a reason not to call 911.

George’s statement to the court didn’t include any evidence of Holloway’s alleged harassment. But she isn’t the first person to accuse Holloway of sexual misconduct; in fact, the detective admitted to another inappropriate sexual relationship last spring. However, because of holes in Washington’s laws about oversight for police and prosecutors—and about police officers and sexual consent—Holloway’s confession remained buried for nearly a year.

Washington state law is mostly silent on the question of consent between police officers and vulnerable people they meet in the course of their law enforcement work, which makes it easy for officers to pursue dubiously consensual sexual “relationships” without facing consequences. And one of the few potential long-term punishments for committing sexual misconduct—inclusion on a so-called “Brady List” of untrustworthy officers, which can make it harder to perform some key duties of a police officer—is entirely up to local law enforcement agencies and prosecutors, who get to draw their own conclusions about what makes the cut.

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A fundamental lack of oversight on nearly every level in Washington leads to situations like the one that is still unfolding in Okanogan County, which highlights shortcomings in state rules about police officers and consent—and the power of law enforcement and prosecutors to decide what kinds of misconduct matter.

The pivotal investigation into Holloway began with a phone call to Deputy Rochelle Cline, the department’s communications manager, in March 2020. According to the caller, Holloway was having a sexual affair with a woman—who, for privacy reasons, PubliCola will refer to as B—whose history of addiction often landed her in the hands of the sheriff’s department; the caller also alleged that Holloway helped the woman “get out of her charges.” The caller was B’s brother.

The following afternoon, Holloway texted Cline unprompted, admitting to his relationship with B. He told Cline that his father’s death in 2017 and a 2019 incident in which he shot and injured a murder suspect had sent his mental health into a downward spiral. “I have tried to cover it all up for this ‘tough guy’ cop job I thought we had to be,” he wrote. “Instead of seeking help, I fell into a world of porn addiction, sexting and now an affair. I need help and I’m not sure where to turn to.” Cline, along with Sheriff Tony Hawley, drove to Holloway’s house to put him in touch with a counselor. Later that night, the department placed him on administrative leave.

Holloway did not respond to PubliCola’s requests for comment on the investigation and George’s allegations. 

The ensuing investigation provided only a little clarity. B herself denied having any intimate relationship with Holloway—a claim Cline quickly dismissed. Holloway told Cline that his “affair” with B began when he caught B with stolen property in December 2019. Instead of arresting her, Holloway relied on B to find the suspected thief; he also passed her his personal phone number. While he admitted to having sex with B twice while off-duty, he denied that he had helped her avoid arrest, pointing to an incident in which he ticketed her for driving with suspended license.

B’s family, on the other hand, insisted that Holloway was not simply having an affair; in their view, he was taking advantage of a woman struggling with addiction. B herself was unavailable to comment, but her brother told Cline he that suspected Holloway helped his sister avoid arrest. B’s sister made similar allegations when she spoke to Cline during the misconduct investigation, recalling that B was frustrated when Holloway didn’t intervene to stop a fellow officer from arresting her for theft. In her investigation report, Cline claimed that other sheriff’s officers had booked B into custody 12 times between April 2019 and March 2020 alone—evidence, she wrote in her report, that Holloway was not protecting B from his colleagues in exchange for sex.

A state law passed earlier this year specified that law enforcement officers can’t engage in consensual sex with a “person incarcerated or detained,” and provides an avenue for proving that an officer coerced a person into sex without formally detaining them, although this can be challenging to prove after the fact.

In May, the sheriff’s office concluded that Holloway had violated a half-dozen department rules, including policies prohibiting officers from using their positions for personal gain and from developing close relationships with “practicing criminal[s].” As punishment, the department suspended Holloway for three days without pay. Less than a year after this brief suspension, the office promoted Holloway from deputy to detective, assigning him largely to sex crimes cases.

Holloway’s disciplinary record at the Okanogan Sheriff’s Office doesn’t mention the possibility that he took advantage of B’s addiction and criminal record to coerce her into sex. Washington law prohibits officers from having sex with people in custody—doing so would constitute sexual assault—but according to Riddhi Mukhopadhyay, the director of the Seattle-based Sexual Violence Law Center, state law is less clear when it comes to officers’ sexual relationships with informants, drug users and others in vulnerable positions.

Aside from a state law passed earlier this year to improve Washington’s civil protection order system, which specified that law enforcement officers can’t engage in consensual sex with a “person incarcerated or detained,” state law is silent on the issue of police officers and sexual consent. State law does not address scenarios in which officers coerce a person into sex without formally detaining them: an encounter than can be challenging to prove after the fact.

The same is true for a quid-pro-quo exchange of sex for leniency: if an officer offers not to arrest someone in return for sex, the arrangement might not leave any paper trail. Even if a police officer did coerce a vulnerable person into sex, the victim might not feel safe enough to blow the whistle. “Based on the power dynamics of sexual violence,” Mukhopadyay said, “we know that predators in positions of power will target and victimize someone who is particularly vulnerable and could be easily dismissed—a victim with a criminal history, a victim who may have mental health issues, a victim in a subordinate position.” Continue reading “A Sexual Misconduct Investigation at a Rural Sheriff’s Department Highlights Gaps in State Police Oversight Laws”