Showing posts with label .Washington. Show all posts
Showing posts with label .Washington. Show all posts

November 22, 2017

Child molester's death at Shelton prison investigated as homicide

11-22-17 Washington:

OLYMPIA, Wash. (AP) - Authorities say a 57-year-old man serving a life sentence for child molestation at the Washington Corrections Center near Shelton died over the weekend and police are investigating it as an apparent homicide.

The Olympian reports the state Corrections Department said Bryan Emmal died after "sustaining injuries in his two-person cell" shortly before 10 p.m. Sunday.

Corrections officials planned to conduct a critical incident review.

Emmal was a medium-custody inmate at the prison, which houses about 1,270 men in medium, close and maximum custody. Emmal began serving a life sentence Sept. 8 after he was convicted of child molestation in Thurston County.

Emmal's cellmate, Daniel Porter, is being housed in the facility's intensive management unit pending an investigation.

Porter began serving a 15-month sentence Oct. 19 for burglary in Pierce County. ..Source..

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April 21, 2015

Franklin County sheriff fined for refusing to allow sex offender on work release

4-21-15 Washington:

Franklin County Sheriff Jim Raymond was fined $100 after refusing to allow a sex offender into work release.

Raymond said the jail’s rules for work release do not allow sex offenders to take part in the program. But Superior Court Judge Cameron Mitchell ordered a man who pleaded guilty to felony sex crimes to be allowed to leave the jail to go to work with GPS monitoring.

Raymond and jail Commander Stephen Sultemeier discussed the issue and decided not to honor the order because of the risk the offender posed to the public, Raymond said. Mitchell reversed the order on April 14, saying it was improper to order work release. But he fined the sheriff’s office $100 for disobeying the original order.

Raymond payed the fine out of his own pocket Tuesday, saying the fine would be an improper use of taxpayer money. ..Source.. by Tri-City Herald

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April 6, 2015

Inmate rehabilitation program needs changes, officials say

4-6-15 Washington:

Washington state prisons are rethinking a program designed to change inmates’ thinking.

Independent researchers and state officials say the pilot program tested on hundreds of inmates at Eastern Washington’s Coyote Ridge and Airway Heights corrections centers must be restructured before the program can expand.

“The first thing we are going to do is fix the two pilots, Airway and Coyote,” said Dan Pacholke, deputy secretary of the Department of Corrections.

The agency is drawing up a “corrective action plan” based on recommendations in a March report from Washington State University researchers.

The report sheds more light on a program that is the subject of a lawsuit by Corrections employees, who allege agency officials falsely labeled it a success.

The program’s goal when it debuted three years ago was to provide, in prison, “cognitive-behavioral services” that Corrections officials said are more typically used around the country to help released inmates cope with life outside prison than inside prison.

The program aims to replace antisocial thinking with empathy, problem solving and self-reflection. It offers rewards for good behavior that have ranged from movie night to ice cream.

“If you fundamentally don’t change someone’s criminal orientation, you can give them a GED or you can train them to be a welder, but if you haven’t somehow kind of undid the thinking process that got them involved in crime to begin with, the intervention’s not going to take as well,” Pacholke said.

Similar programs have seen success elsewhere, researchers say. At one point less than a year into Washington’s experiment, officials announced it was working here, too. The program was paying off with more safety for staff, Pacholke said in an agency blog post that cited 75 percent fewer violent infractions in the cell blocks that housed program participants than in neighboring cell blocks.

Officials today neither fully stand by nor disown that claim, which was questioned in 2013 by two state employees who later sued the Corrections Department saying they were demoted in retaliation. The employees cited a preliminary version of the WSU report to show that agency claims were overblown. ..Continued.. by Jordan Schrader

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February 13, 2015

Mental Health Court instills stability, but funding shortfalls keep it small

2-13-2015 Washington:

Nearly two years ago, Destini Baker found herself behind bars for being in possession of a stolen vehicle while high on methamphetamine.

Baker, 21, suffers from bipolar disorder, post-traumatic stress disorder and severe depression. She’s been in and out of mental health treatment since age 3.

“It’s been really difficult,” she said on a recent morning while sitting in Yakima County Superior Court. “The reason I used to do drugs is because it made me feel like a normal person.”

For the past year and a half, Baker has been in Mental Health Court, a specialized program that aims to keep those suffering from mental illness and facing criminal charges out of jail and in treatment. Those who enter the program can avoid criminal charges if they abide by the court’s terms and follow through with mental health and any other treatment that may apply, such as for drug and alcohol addiction.

But a lack of funds is keeping the court program small, with a maximum caseload of 12, far fewer than the growing number of mentally ill people landing in the judicial system here.

Baker entered the program after spending six months in the Yakima County jail.

“You have to really want to put your heart and everything into this program,” Baker says. “Mental Health Court helps you find solutions to the issues you are dealing with.”

Judges and jail officials have seen it for years — mentally ill people repeatedly cycling through the judicial system. Most are arrested for misdemeanor crimes, serve their time in county jail and are released, only to return a short time later for a repeat offense. The scenario continually plays out in courtrooms and jails across the country in the wake of a movement that began in the 1970s to phase out public psychiatric hospitals. Many who would be eligible for a bed in those hospitals are finding them in jails and prisons instead.

Mental health courts are an attempt to break that cycle. Yakima County started its program about two years ago.

Court officials are looking for money to expand and handle more cases, but additional funds are hard to come by. And more time is needed to determine if the program is successful before county commissioners will dole out the roughly $150,000 to $200,000 needed annually to double the court’s size.

There are currently nine cases, including Baker’s, in the program, which has an annual operating budget of $52,557. Commissioners allocated that money under a two-year pilot project.

A deputy prosecutor and a public defender have absorbed those cases into their regular work schedules. Probation officers and a team of counselors from Central Washington Comprehensive Mental Health work with each person in the court, which is presided over by Superior Court Commissioner Robert Inouye. A committee has been formed to track the cases.

“We’re waiting for data,” says Commissioner Kevin Bouchey. “We may need to continue the pilot project until 2016 — it would be a challenge to make a change, increase funding, this year.”

Understanding that it’s unlikely the court will double this year, Court Administrator Robyn Berndt is requesting $20,000 so the court can mandate drug and alcohol tests.

“We don’t have any money for treatment; we don’t have any money for assigned counsel; we don’t have any money for the prosecutor,” Berndt says. “Everybody is donating their time — they’re just squeezing it into their already busy schedule.”

County jail

A handful of counselors from Comprehensive Mental Health work at the jail, conducting mental health evaluations of inmates during booking, and providing services, including medications, to those who need them. Corrections officers rely on the decadelong working relationship with Comprehensive to keep those suffering from mental illness stable and on their medications, a difficult task at best, says Department of Corrections Director Ed Campbell.

“Sometimes they stop taking their medications and begin to act up and have to be housed in a special unit as a result,” Campbell says. “It makes for a constant juggling act for corrections officers. We have to try and balance what’s best for the inmate and at the same time balance out the safety of officers.”

There are more than 800 inmates currently held at the jail; about 15 percent have mental illness, Campbell says.

Their criminal charges range from trespass to murder, but most are low-level, repeat offenders, Corrections Chief Scott Himes says: “It’s a revolving door. I mean, we’ve released them and had them come back through the doors a few hours later.”

Often they stop taking their medications after stabilizing, thinking they are OK, and that’s when problems begin, Campbell says.

Corrections officers are trained to deal with mental illness, but clashes still occur. “Many come in on a low-level crime but rack up assault charges after clashing with corrections officers,” Campbell says.

One inmate now housed on the fourth floor, where the most violent offenders are kept, has committed 14 assaults on corrections officers, and another, a woman, has racked up five assaults in a matter of months, he says.

“They’re very much a danger to officers in the facility,” he says. “It usually takes three officers to move one inmate suffering from mental illness because they are difficult to deal with.” ..Continued.. by Phil Ferolito

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November 28, 2014

Regulators issue numerous citations against residential care home for people with disabilities

11-28-2014 Washington:

SPOKANE, Washington — Federal regulators have cited a state-run home for people with disabilities for a long list of violations, including strapping residents to chairs in front of TVs and forcing them to face a wall for hours at a time.

It was the second time in less than a year that a surprise inspection led to citations at Lakeland Village Nursing Facility in Spokane County.

The Centers for Medicare & Medicaid Services logged 54 pages of violations during the recent visit. An inspection last November resulted in more than 40,000 alleged violations.

In addition, the state Residential Care Services agency cited the facility several times this year, saying one resident was hospitalized because a nurse gave the wrong drug to the wrong person, and another patient sustained chemical burns from drinking detergent.

Lakeland Village, located west of Spokane in Medical Lake, responded to each citation with a plan of correction that included firing the nurse who gave the wrong drugs, locking up toxic chemicals and adding activities for residents.

Care at Lakeland Village prompted about a dozen protesters to stand along a road on Tuesday in front of the Developmental Disabilities Administration office in Spokane to draw attention to the conditions.

They held signs that said: "Human Beings Deserve More" and "40,000 violations and counting."

John Memus, organizer of the gathering, said the facility should be closed.

"I don't think the DDA is on the ball at all. I think it's beyond repair," Memus said as cars drove by beeping their horns.

David Carlson, director of the advocacy group Disability Rights Washington, also called for the closure of the state-run facility.

"Lakeland Village residents deserve so much more than the inadequate care," he said.

John Wiley, spokesman for the state Department of Social and Health Services, said it places the highest value on the care, comfort and safety of people at its residential centers.

The agency responded promptly and diligently to fix the problems related to nursing care and quality of life of residents that were outlined in the November 2013 report and also has addressed the federal findings detailed in an October 2014 survey, Wiley said.

In response to the latest federal report, the agency fired the nursing facility administrator and named an interim administrator during recruitment for the position, he said.

The Lakeland Village website says it's a 24-hour facility that provides all facets of training, education and health care for about 250 individuals with developmental disabilities.

It says it has an extensive day program "that involves sensory integrative and interactive techniques such as touch, pressure, massage, aromatherapy, relaxation, music, environmental controls, micro technology, audio/visual sensory stimulating activities, and movement."

However, federal inspectors who visited the facility in September referred to repeated examples of warehousing residents and ignoring their needs.

Residents were routinely found unattended "sitting with unreleasable seatbelts on the chairs facing the television," the report said.

One staff member dropped a basket of toys near one resident, but it was out of her reach and the staff member left. Another resident was strapped to a chair in front of a TV for hours holding only a small toy football, the report said. ..Source.. by MARTHA BELLISLE

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November 22, 2014

Mistaken Identity Labels Innocent Man a Sex Offender

9-2-2010 Washington:

Dan Wheeler has been wrongly labeled a sex offender and it all happened after his wallet was stolen.

Cops say the thief, who actually is a registered sex offender, used Wheeler's name as an alias, and now the thief's crimes are mistakenly linked to Wheeler.

Wheeler says he had no idea the identity switch took place until a cop pulled him over near his home outside Seattle, Washington.

Wheeler said, "Next thing I know, he's listening to the radio and puts his hand on his gun and says, 'Put your hands on the car. You are under arrest.' I sayid, 'For what?' He said, 'We have a warrant for your arrest.' "

Wheeler proved it was a case of mistaken identity, but it didn't stop there.

"The judge says 'Cleared.' Great, but it's still on my record," says Wheeler.

So why can't Wheeler get the sex offender label and the other man's name removed from his record?

Washington State police tell INSIDE EDITION whenever a criminal uses an alias that name stays in the system permanently in case the crook uses that alias again.

Bob Calkins of the Washington State Patrol said, "If we didn't connect those in the record, that person could continue to use his name and continue to build a duplicate record that would be very difficult to differentiate from the real."

Amazingly, Wheeler has kept his sense of humor about the very unfunny situation, which may never go away.

"All I can do is laugh and shake my head and think, 'You know, I'm screwed for life,' " said Wheeler. ..Source.. by Inside Edition

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November 2, 2014

7-year-old girl hit by car in Vancouver on Halloween night dies at hospital

11-2-2014 Washington:

VANCOUVER, WA (KPTV) - A 7-year-old girl hit by a car while trick-or-treating in Vancouver on Halloween night has died.

Cadence Boyer and her mother, 32-year-old Annie Arnold, were among a group of trick-or-treaters hit on Northeast 112th Avenue at 8:15 p.m. Friday.

Police said Duane Abbott, 47, of Vancouver, drove his car over the curb and slammed into the group of people.

A 6-year-old girl who has not been identified also suffered critical injures, as did 30-year-old Chelina Alsten. Arnold has been treated and released from the hospital.

Cadence was in a coma and family friends told FOX 12 it didn't look like she would survive.

"Cadence was their little princess. She was born on 07/07/07. She's 7 years old. She's most likely not going to see 8," family friend Sean McNamee said Saturday. "She was the light of their life."

McNamee said Cadence died at 3:15 p.m. Sunday. A hospital spokesperson confirmed that she had passed away.

Abbott was also injured. Police said speed and impairment were both factors in the crash, but officers did not reveal any further details about the ongoing investigation.

Police said when he is released from the hospital, he is expected to be booked on four counts of vehicular assault. Officers initially said those charges could change depending on the condition of the victims.

There is an account set up for donations at Umpqua Bank under the name "Cadence Boyer," to help with medical expenses. A second fund for the Boyer family can be found here: gofundme.com/boyer1 ..Source.. by FOX 12 Staff

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November 1, 2014

Trick-or-treaters killed by speeding car

UPDATE: Man Accused of Hitting and Killing Three Trick-or-Treaters

UPDATE: Police arrest 1 in California hit-run crash that killed 3 trick-or-treating girls

Update: Three teen girls killed in hit-and-run while trick-or-treating ID'd
11-1-2014 California:

Trick-or-treating took a tragic turn for three teens in Southern California. Two twin sisters and a friend, all 13-years-old, were hit by an SUV while on a crosswalk near an elementary school in Orange County just before 7:00 p.m. Friday. Authorities say they were thrown more than 100 feet.

"I'm really sad. I can't stop shaking ever since I heard it and I can't stop crying either," one girl said. "They said, 'Oh! Remember the twins?' And I said, 'Yes.' And then they said, 'They died today.' And I was like, 'No! I don't feel like going trick-or-treating anymore.' That's how come I'm so scared right now," said another.

All three were pronounced dead at the scene. According to witnesses, two men were in the Nissan Pathfinder that hit them. The vehicle was abandoned near the scene and police are still looking for the driver.

Halloween was a devastating night for others across the country as a result of car accidents. A family of four was hit while trick-or-treating in the Phoenix area. And others were injured in Washington state, Missouri and Illinois. Two others died in New York and Florida, including a 2-year-old boy. ..Source.. by AOL.com

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September 27, 2014

Sex offenders defy order to leave home

9-27-2014 Washington:

MARYSVILLE, Wash. -- Sex offenders have moved back into a church-run home, just a few months after the City of Marysville forced them out.

The home in the 15300 block of Smokey Boulevard is located in a light industrial area in Marysville. The city said that it was being used illegally as a residential facility for sex offenders and ex-cons.

"We've got fewer people in here now," said Pastor John Mack, who runs Holy Ghost Ministries. He says the church and its lawyers reviewed zoning laws and believe they have a right to run a church office, which includes several "caretakers," on the grounds. The caretakers are three registered sex offenders.

Previously, the church had nine sex offenders living in the home.

Level 1 sex offender Jim Baker says the home provides him with a stable environment that helps keep him on the straight and narrow.

Holy Ghost Ministries has grown over the years in Snohomish County. It now operates ten facilities that house or assist ex-cons – most of them hard-to-place registered sex offenders.

The ministry filed suit over the Smokey Point Boulevard evictions. That case is now being heard is U.S. District Court in Seattle. In the federal court case, attorney Scott Stafne says the city is violating the ministry's freedom of religion. He has also filed emails that he says show the Marysville Police Department and other city entities conspired to kick the sex offenders out of all Marysville facilities related to the sex offender housing.

A City of Marysville spokesperson declined to discuss the case, citing the pending litigation. ..Source.. by Chris Ingalls

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July 23, 2014

What crimes will make you a sex offender?

7-23-2014 Washington:

KEPR took a closer look at the broad list of crimes that can force someone to register as a sex offender. We learned there are thousands. There might be some that surprise you. KEPR also spoke with a young woman about what got her on on the list and how it's change her life.

We'll just call her Jane. She's 23 now, with a husband and a son. But Jane has restrictions with her son. And she can't live with her husband.

"I have to register as a level 1 sex offender because when I was 18 and 18 years old, I was charged with prostitution with minors," said Jane.

Jane plead guilty to a felony: promoting commercial sexual abuse of a minor. She was pimping out teenagers for sex. Part of her punishment is that Jane must register as a sex offender.

"It's something more that adds on to life in general. Just having to check in to someone, just not having that freedom to be able to do what you want to do," she said.

She lost her house and her car.

"I thought it was just me and my friends that were younger than me having fun, and just money, you know," she said.

Jane didn't rape anyone. She didn't touch anyone, for that matter.
But she still has the stigma.

"I don't think there's any better label to destroy a life, I mean ex-con does not destroy a life, sexual registrant is a terrible thing, people don't want anything to do with it and don't want them in the neighborhoods and so forth," said Criminal Defense Attorney, Jim Egan.

Jim Egan is a longtime Criminal Defense Attorney. He thinks Washington has gotten too aggressive in incriminating thousands of people as sex offenders. Egan feels far too many people fall into this category unnecessarily.

"I'm not saying that there should not be a sexual registration. It's a good tool to use for people who are predators or people who cannot control themselves in a sexual way, but there's a whole raft of people that are registering as sex offenders," he said.

Yet JoDee Garretson would disagreed. She heads up the Support Advocacy and Resource Center, known as SARC. JoDee is glad to see potential crimes have been added to the list since the registry began in 1990.

"In my experience here at SARC, I have no seen situations where I have felt someone's been labeled as a sex offender, where as it wasn't appropriate," said Garretson.

Along with Jane's crime, many are also on the list for speaking suggestively to a minor or someone who claims to be a minor. Jodi deals with sex assault victims every day. She believes any form of sexual manipulation is a crime.

"While someone might look at an act and not understand why it's considered so heinous or so serious, it's that impact that the victim is left with and the self-doubt and the shame that that person has," said Garretson.

Jane admits to making a bad decision. But feels her punishment doesn't fit the crime.

"I've lost the first year of my son's life and I don't want anyone else to go through that," said Jane.

A registered sex offender, on the expanding list of hundreds in the Tri-Cities.

The way the law is written, the judge has no discretion on whether someone is named a sex offender. ..Source.. by Gina Lazara

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Gun offender registry off to slow start

Washington Felony Firearm Offender Law: Duty to Register also Failure to register as felony firearm offender also Notice to Register and Washington bill to create firearm offender database gains ground
7-23-2014 Washington:

TRI-CITIES, Wash. -- Washington was the first to create a gun offender registry. But no one seems to have heard of it. It functions sort of like the sex offender registry, but keeps track of firearm offenders. KEPR found out why it's off to a slow start.

If your neighbor is a sex offender, they'll be added to this online database. And if your neighbor committed a crime with a gun, they could also go onto a registry. The difference is, you can see the sex offenders, but you can't see the firearms offenders.

"The benefit is to law enforcement and law enforcement alone. It's not something that's released to the public," said Deputy Prosecutor, Terry Bloor.

Which makes you wonder why it's even valuable.

"I see this as being an additional tool that will help us combat people who are repeat offenders and a lot of times, it's the people who are repeat offenders who keep committing crimes. So the more able we are to hold them accountable, the more able we are to combat the repeat gun violence," said Richland Police Captain Mike Cobb.

The registry started a year ago. And in that time, only 26 people were added to it. That's across the whole state of Washington. Richland Police Captain Mike Cobb thinks it's a good idea, in theory. But practicality is another issue. Captain Cobb thinks it's not as user friendly as it could be.

"If we are able to access the database from the field when we find an offender in possession of a firearm, we are gonna be able to hold them accountable in a much more immediate fashion," he said.

So if it isn't in regular use, and the public can't access it, why have it at all? We were unsuccessful in reaching a state representative (Mike Hope) from the Seattle area who pushed for the law. Benton County Deputy Prosecutor Terry Bloor says since the law went into effect, he's recommended adding every firearm felon to the registry, if they qualify.

"If the judge doesn't agree with our recommendation then so be it. But we will ask, unless it's a very unusual circumstance," he said.

Of the 26 people who are on the registry, none were added from Benton or Franklin Counties, but the prosecutor says a number are on the list to be added once they finish their time behind bars. ..Source.. by Gina Lazara

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July 16, 2014

Funding for Island County sex offender program

Costs $659.00 each to know where each sleeps for a few hours of the day or night! What a waste of taxpayer money.
7-16-2014 Washington:

The Island County Sheriff’s Department will receive $75,778 for the Registered Sex Offender Address and Residency Verification Program.

State funding in the amount of $4.8 million was allotted in 2012 to local law enforcement for fiscal year 2012 under state code for the verification of sex and kidnapping offenders.

This annual award is effective July 1 through June 30 of next year.

Island County Sheriff Mark Brown said he keeps track of roughly 100-115 sex offenders county wide.

Offenders level I through III are required to undergo face to face verification every three to 12 months depending on the level of their offense.

The program was initiated by the state in response to the 2007 abduction, rape and murder of 12-year-old Zinna Linnik of Tacoma.

Terapon Dang Adhahn, who was convicted of the crime, was previously convicted of a sex crime but was considered a “low risk” Level I sex offender. The lack of proper registry reporting factored into the crime, leading to a statewide debate on sex offender monitoring, according to news reports. ..Source.. by South Whidbey Record

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July 4, 2014

Sex offender pleads innocent to going to park with young-looking female

Obviously the park boundaries are not marked so he could know where he was not supposed to go; due process issue.
7-3-2014 Washington:

A convicted sex offender who has been told to stay out of all Richland parks pleaded innocent Thursday to allegations he was caught going into Howard Amon Park with a young-looking female. Tory Levi Berg, 21, faces an Aug. 25 trial in Benton County Superior Court on one count of criminal trespass against children.

Berg was convicted in 2005 of communication with a minor for immoral purposes, and is registered as a Level 2 sex offender.

In February 2013, he signed a trespass notice acknowledging that he was not to enter any Richland park. Then on June 27, the Benton County Sheriff's Office employee who handles the sex offender registrations and personally issued the notice to Berg, was driving on George Washington Way when she saw Berg with the girl, court documents said. The two crossed the road and entered the grassy area of the park, documents said.

The sheriff's office employee flagged down a Richland police officer, who then stopped Berg and talked to him.

Berg said he was aware he wasn't to enter the park, but questioned if the swim dock on the Columbia River was within the park. He was told the dock was in park boundaries, and was arrested.

Berg's bail is set at $5,000. ..Source.. by Kristin M. Kraemer

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June 26, 2014

Peeping Tom drone? Woman dressing 26 floors up spots drone out her window

6-26-2014 Washington:

Welcome to the new world of technology as the first case of a drone peeping Tom is reported in Seattle. A woman on the 26th floor never thought she would have to worry about a peeping Tom until she spotted a drone outside her window, according to the New York Daily News on June 25.

Lisa Pleiss felt violated when she spotted this drone was flying outside her apartment window hovering about a block away as she was getting dressed. Was she going to show up in a video online?

That might be one of the first questions you’d ask yourself when a drone fitted with a camera was within the distance for filming or clicking pictures. It was a rude awaking for Pleiss who never thought anyone or anything could see inside her window 26 floors up. She reported it to the building’s Concierge, who immediately called the police, according to Seattle Times today.

The drone's owner is speaking up saying he was photographing the Seattle skyline, not looking in the windows of unsuspecting Seattle residents. Still, seeing the drone felt extremely violating to a woman used to seeing only birds fly by at that height.

When she first spotted the drone, she hid. Then she decided to snap a photo of the drone to have if she needed it as proof. She closed the blinds and called her building’s front desk. Curosity got the best of her apparently because she continued watching the drone’s moves.

She watched as the drone flew back to two men standing on a street corner. The men gathered up their equipment, including the drone, hopped in a car and were gone. Joe Vaughn, who owns the company Skyris Imaging said that the drone belonged to his company, in fact he owns a fleet of these flying vehicles that he uses to take aerial pictures.

He was adamant that he was not taking pictures of people and there is no way that he is a peeping Tom, said Vaughn. He uses the drones fit with cameras to take pictures of property, farm land and real estate.

In this particular incident, Vaughn’s company was hired to take pictures of the property that a builder was considering purchasing to build a new office building. It happened to sit adjacent to the building that Pleiss lives in.

Vaughn apologized to Pleiss and was very reassuring that he was not taking indecent pictures of her. He also shared some of the photos he took as evidence that her apartment wasn’t the subject of his photo shoot.

While Vaughn’s drone wasn’t a peeping Tom, the drones are getting more prevalent in society today. The prices have gone down and they’ve become very affordable. While this wasn't a peeping Tom drone, one could imagine it is just a matter of time before one is out there piloted by some thrill seeking person with his new toy!

The police say that the drone didn’t break any law as you can legally fly them. They are still investigating the case. While drones are legal to fly if someone reports a case of a peeping Tom drone, then that is something they would investigate. ..Source.. by Roz Zurko

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June 1, 2014

Former Prosser mayor banned from daughter's graduation

6-1-2014 Washington:

Linda Lusk, a low-level sex offender and former Prosser mayor, will not be allowed to attend her daughter's high-school graduation next Saturday.

A judge ruled Friday that Lusk missed a deadline to appeal the school district's decision banning her from district property and events.

The school district has a policy preventing all registered sex offenders from coming on district property or attending student activities.

Lusk, 53, pleaded guilty in 2011 to third-degree child molestation for having sexual contact with a 14-year-old boy. She is classified a Level 1 offender, considered the least likely to reoffend.

Lusk was issued an official no trespass order in August 2012. She had 30 days to appeal the decision or waive her right to challenge it in court.

In order to attend school events, Lusk has to get written permission from the superintendent. Her request to attend Prosser High School's graduation was denied in March.

Rocky Johnson, the district's attorney, told the judge that Lusk had ample time to appeal the ban. He said Lusk's timing was poor and she was creating a media frenzy by bringing the issue to court so close to graduation weekend.

"We fully believe the 30-day provision would apply and that Ms. Lusk did not exercise that right of appeal," Johnson said.

The hearing lasted less than a half hour in Benton County Superior Court. Neither Johnson nor Lusk's attorneys, Greg and Ben Dow, got to argue whether the district's policy was unfair and violated Lusk's constitutional rights.

The 30-day provision was the first issue considered by Judge Vic VanderSchoor, who ruled it was clear that Lusk waited too long.

Greg Dow told the Herald he knew the 30-day provision would be an obstacle but he was disappointed he didn't get the chance to argue about the policy.

The Dows argued the 30-day rule is only for decisions and orders, not policies.

VanderSchoor's ruling means it will be a fight for Lusk to attend any district events as long as she is a registered sex offender, Greg Dow said. She is required to register for 10 years and her son is still a student at Prosser High.

"Nobody can challenge a school policy after 30 days? That's just silly," Dow said after the hearing. "Especially when the policy says a future decision will be made, and now we can't challenge a future decision."

Lusk was in court with her daughter, who was named as a plaintiff in an injunction filed last week by the Dows. The injunction was an attempt to get the district to allow Lusk at the graduation.

The Lusks were not available to talk about the decision after the hearing.

Lusk has made several requests to attend district events since the no trespass order was issued. Every request has been denied.

Lusk pleaded guilty to seven probation violations in November 2011 after attending school events without the superintendent's permission. She said the violations stemmed from when she attended her daughter's swim meet in Ellensburg.

The Dows plan to file a motion asking the judge to reconsider Friday's ruling. ..Source.. by Tyler Richardson

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April 12, 2014

Yakima County judge blocks release of sex offender information

4-12-2014 Washington:

A Yakima County judge has blocked the release of names and addresses of low-level sex offenders to a Mesa woman who wants to post the information on a website.

Ruling Friday, Superior Court Judge Blaine Gibson permanently blocked Donna Zink’s request for low-level sex-offender registration forms from the Yakima County Sheriff’s Office. The move had been sought by 22 low-level offenders who said releasing the information would subject them to public scorn and threaten their safety. The ruling covered all low-level offenders who comply with state law, such as registering with authorities, and have permanent addresses.

Zink, who would not speak to reporters afterward, said she would appeal Gibson’s orders, along with similar orders in Benton and King counties denying her requests for Level 1 offender information.

Level 1 sex offenders are considered the least likely to offend again, and their names are typically not posted publicly, except in rare circumstances, and then only released to those who have need for the information. The names of Level 2 and Level 3, those considered most likely to re-offend, are routinely released as they change addresses and are listed in public registries.

Zink filed the request with the Yakima County Sheriff’s Office in November for the registration forms filled out by all Level 1 sex offenders in the county. Zink is trying to assemble a database to be posted online listing all known sex offenders in the state. The sheriff’s office was prepared to release the forms and notified the Level 1 offenders that the information would be made public. Several offenders filed suit to block the release.

As of Friday, there were 674 registered Level 1 offenders in Yakima County, according to a website maintained by the sheriff’s office.

Attorney Greg Scott, who represented the 22 offenders, argued the ruling should apply to all Level 1 offenders, noting that some couldn’t afford attorneys or did not want to step forward and risk exposure.

But Gibson limited his ruling to those in compliance with state law and with permanent addresses. The law allows the sheriff to post the names of transient and homeless offenders, as well as those who are not in compliance with the registration law.

Scott said Gibson’s prohibition on releasing the names would extend to future offenders, since the judge ruled that the forms were exempt from disclosure under the state Public Records Act.

Gibson based his decision on a 1994 state Supreme Court ruling that declared requiring a sex offender to register was not an additional punishment, as long as the state used an offender’s potential for offending again as a factor in determining who should be informed about their past crimes.

“The Supreme Court recognizes that the mere declaration that someone is a sex offender is harmful to the person,” Gibson said. “Even if your neighbor next door has been a good neighbor for 10 years, when you learn that they were a sex offender 20 years ago, it affects how you deal with them.”

Gibson said the fact that the Legislature put some restrictions on distributing Level 1 offender information suggests that it did not intend for the information to be released through public records requests. The law limits notification about Level 1 offenders to law enforcement, schools the offender might attend, and the offender’s victim and witnesses to the crime.

Senior Deputy Prosecuting Attorney Stefanie Weigand, who represented the Yakima County Sheriff’s Office, said there was legitimate public interest in granting Zink’s request. She said the Level 1 classification may mean low risk, but it is not zero risk.

“If (the offenders) were not dangerous, they would not have to register,” Weigand said.

She also noted that their convictions are a matter of public record.

Weigand argued that the Legislature never defined the offender information as exempt under the records act.

While there are some restrictions on posting it to registries, she said it is not exempt from records requests.

Weigand also argued that Yakima County could be legally liable for not granting Zink’s request under the records law.

Zink, who argued her case herself, said Gibson’s ruling turned the registration law on its head, and instead of protecting the public, it was being used to protect offenders’ privacy.

She said it also violated a principle of the state Public Records Act in that if information is released to some people, it has to be released to all. ..Source.. by Donald W. Meyers

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April 11, 2014

Yakima County judge to hear arguments on request for sex-offender data

4-11-2014 Washington:

YAKIMA, Wash. — A Yakima County Superior Court judge will hear arguments today on whether to give a Mesa woman names and addresses of all low-level sex offenders in the county.

Judge Blaine Gibson will also hear a request from attorney Greg Scott to certify his suit to block the release of the names as a class action on behalf of all 688 Level 1 sex offenders in Yakima County. Level 1 sex offenders are considered least likely to offend again, and their names are typically not posted by authorities. The names of Level 2 and 3 offenders are routinely released as they change addresses.

The hearing starts at 2:30 p.m. in the Yakima County Courthouse.

Scott’s suit names Yakima County Sheriff Ken Irwin and Donna Zink as defendants.

Zink requested copies of the registration papers of all Level 1 sex offenders from the Yakima County Sheriff’s Office in November. Zink is creating her own public database of all sex offenders in the state, and has received a list of Level 1 offenders from Franklin County.

Scott said Zink’s request to Irwin should be denied because the Legislature never intended for Level 1 sex offender names to be released publicly, except in rare circumstances and only to those who need the information.

Scott said releasing the names would harm the offenders, especially if a court later rules the information should not have been released.

Senior Deputy Prosecuting Attorney Stefanie Weigand said the state’s Public Records Act does not exempt the offenders’ information from being released. She said denying Zink’s request would expose the county to liability for denying the records request.

In January, a Benton County Superior Court judge denied Zink’s request for data on Level 1 sex offenders in that county, and a King County Superior Court judge issued a temporary restraining order barring the Washington State Patrol from releasing Level 1 offender information to Zink. ..Source.. by Donald W. Meyers

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March 8, 2014

Legislature OKs bill to restrict juvenile records

3-8-2014 Washington:

OLYMPIA, Wash. (AP) — A bill that would restrict who can access juvenile criminal records has passed the Legislature and now goes to Gov. Jay Inslee for his signature.

Passed by a unanimous vote in the Senate Friday, House Bill 1651 would keep juvenile offender records confidential unless a juvenile has been convicted of certain serious and violent offenses, including a sex offense for which registration is required. The measure unanimously passed the House last month.

Also under the measure, confidential juvenile offender records could not be published, distributed or sold.

Washington is among eight states that does not have juvenile records covered by confidentiality and is one of three states that sell those juvenile records. Since 1977, juvenile offender records have been public unless sealed in accordance with statutory requirements. Non-criminal juvenile records, such as those in a dependency matter or adoption, are not open to the public. ..Source.. by MyNorthWest.com

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March 6, 2014

Lawmakers say human traffickers must register as sex offenders

3-6-2014 Washington:

Washington would become the first state to require human traffickers to register as sex offenders, according to the prime sponsor of a bill that won unanimous approval Wednesday in the state Senate.

The bill, which earlier gained passage in the House, now goes to the governor’s desk.

House Bill 1791 designates the crime of human trafficking in the first degree as a sex offense if force, fraud or coercion is used.

Rep. Kevin Parker, R-Spokane, the sponsor, said the measure is part of a larger effort to fight trafficking in the state.

In 2003, Washington became the first state to pass a law criminalizing human trafficking.

On Tuesday, the state Senate also unanimously passed a bill — already approved in the House — that would give victims of trafficking a better chance of finding work or housing. House Bill 1292 would allow those victims to petition a judge to clear their records of prostitution-related convictions.

Many young women trying to rebuild their lives are hindered by prostitution convictions, which show up on criminal-background checks required for job and housing applications. As many as 500 youths, some as young as 11, are working as prostitutes in King County, according to the city of Seattle’s Human Services Department.

Another bill did not make it through before a committee-vote deadline. House Bill 2644 would have made it a crime to force someone into work by withholding or threatening to withhold or destroy immigration documents,or by threatening to tell law enforcement that the person is in the United States illegally. ..Source.. by Ashley Stewart

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February 6, 2014

Yakima court hears arguments over releasing sex offender names

2-6-2014 Washington:

YAKIMA, Wash. — A Yakima County Superior Court judge is today hearing arguments over whether to release the names of all of the county’s low-level sex offenders.

The names are being sought by Mesa resident Donna Zink, who has sought similar lists in other counties in order to post the names on her website.

Late last month, a Tri-City judge ruled the personal information of low-level sex offenders in Benton County is not public information and shouldn’t be released to Zink.

The Benton County judge ruled that Zink has no “legitimate interest” in the information. In a 13-page decision, the judge said release of the information would cause irreparable harm to more than 400 Level 1 sex offenders in that county..

In Yakima County, the release has been on hold since last month after a group of sex offenders obtained a temporary injunction against the release.

An initial hearing on the case last month was continued after the county’s asked to dissolve the injunction because Zink wasn’t named in the lawsuit asking her request be denied.

Zink filed a request in November for electronic copies of the Level 1 sex-offender registration forms. Level 1 sex offenders are considered the least dangerous and least likely to reoffend. Their names are typically not posted by authorities, who routinely release the names and addresses of Level 2 and 3 offenders.

In the Yakima County case, Zink’s request was challenged by attorney Gregory Scott, who is representing several Level 1 offenders who were not identified in court records, except mostly by initials. Scott hopes to make it a class action, so all 600 to 700 Level 1 offenders in Yakima County will be represented.

Scott said the state’s sex-offender registry system was designed to limit access to information on the lowest-risk offenders. The law allows for releasing the information to those who have a need to know, such as schools and police.

Plus, he said if Zink gets the records, those named could be forever branded as sex offenders. He said the state registry offers a chance for offenders to have their names removed in certain conditions, as well as correct mistakes in the record.

If (the names) go into a private database, there is no way to get off the registry,” Scott said.

Zink has received forms from Franklin County, but the American Civil Liberties Union of Washington obtained a preliminary injunction barring the Washington State Patrol from releasing the information on Benton County offenders.

“Being identified publicly as a sex offender puts individuals at risk of being harassed, assaulted, or losing jobs and housing,” the ACLU said in a written statement. “For individuals considered unlikely to reoffend, being labelled publicly as a sex offender creates a stigma that makes it very difficult for them to proceed with their lives.” ..Source.. by Yakima Herald-Republic

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