From: Prosecuting, Attorney [[email protected]] Sent: Thursday, February 09, 2012 9:18 AM To: [email protected] Subject: 2012 Feb: The Prosecutor's Post

THE PROSECUTOR’S POST Vol. 5, Issue 1 February 9, 2012

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Update: LEAD -- An Innovative Approach to Drug Offenses

The King County Prosecuting Attorney's Office (PAO) began a unique partnership with the Police Department's West Precinct, The Defender Association, the Seattle City Attorney's Office, the King County Executive's Office, and the Belltown Community Leaders to launch LEAD -- Law Enforcement Assisted Diversion -- a new, innovative approach to more effectively deal with low-level drug addicts, dealers, and prostitutes who cycle in and out of King County's jail and criminal justice system.

This program, launched in October of 2011 and funded by private grant money, is designed to divert individuals away from repeated arrests and bookings for low-level drug offenses and into immediate treatment services and opportunities. As part of the program, officers on the street have the discretion to take low-level drug offenders to a treatment facility managed by Evergreen Treatment Services, where case managers worked with individuals to offer immediate and longer-term treatment, transitional housing, educational opportunities, and other services geared toward breaking the cycle of addiction.

So far, Seattle Police Officers have referred 24 individuals to the program.. In one instance, a case manager helped an individual referred to the program to restore his union status so that he could look for work. In another, a case worker successfully encouraged treatment and regular check-ins for a woman who used to routinely solicit and use drugs in front of local storefronts. The woman has been regularly attending her appointments, and business owners have expressed their gratitude to officers for this program.

The PAO and The Defender Association are working with the King County Sheriff's Office to offer LEAD in the Skyway neighborhood of unincorporated King County later this year.

To read a recent Seattle Times article and to learn more about LEAD, please click here.

Relentless Stalker, Sentenced to Prison, Is Impetus Behind New Protections

Defendant Sean Moul has been convicted of two counts of Felony Stalking and 19 counts of Violating an Anti-Harassment Order; he was sentenced to 26 ½ years in prison for these crimes. Moul first started staking his victim, Tracy Lundeen, in 1994, when she was 13 years old, after she offered to help him with his homework at McKnight Middle School. Moul misinterpreted Lundeen's offer to help and began to follow her. His behavior continued for 18 years.

Moul was first convicted of stalking Lundeen in 2001, and was sentenced to eight years in prison. However, about two years after his release, he resumed his efforts to contact Lundeen and her family. Lundeen worked with Attorney General Rob McKenna and other lawmakers to push for greater protections for staking victims by pushing for a new "stalking protection order." Under current state law, stalking victims like Lundeen, who have no history of dating their stalker, can only apply for a civil anti- harassment order, the same type of protection offered to those who find themselves involved in minor neighborhood disputes -- not the type of situation that has plagued Lundeen for years. Unfortunately, these efforts were not successful in this legislative session. HB 2464, which would have provided stalking victims greater protections, did not pass out of committee.

Lundeen recently appeared on The Today Show to talk about these efforts and her story. To watch this segment and to learn more about this case, please click here.

Washington Traffic Safety Commission Honors PAO Employee

The Traffic Safety Commission has awarded PAO Legal Administrative Specialist Armontae "A.J." Smith its "Achievements in Traffic Safety" award in recognition of his superb work in support of "Target Zero," a grant-funded emphasis on stopping and prosecuting impaired drivers in King, Snohomish, and Pierce counties. Target Zero, launched on July 1, 2010, funds a task force of 21 trained and skilled troopers, along with a number of skilled deputy prosecuting attorneys (DPAs) dedicated solely to the program's goal of reducing the number of impaired driving deaths to zero by 2013.

As part of his work at the PAO, A.J. developed an innovative and comprehensive case monitoring system to log, track, and monitor all DUI (driving under the influence) cases referred to the office by Target Zero troopers. A.J.'s work has facilitated the PAO's ability to obtain fast, reliable, and helpful information about all facets of Target Zero cases, and allows speedy access to a variety of data, charts, and graphs that measure Target Zero's short and long-term efficiency, which A.J. displays in a quarterly report that is admired by all other agencies participating in this grant-funded program.

PAO Says Goodbye To A Special Friend

The PAO recently said goodbye to a special friend of the office -- Jeeter -- the pioneering courthouse dog whose abundant love led to a nationwide movement that recognizes the value of placing dogs within the justice system to provide comfort and unconditional assurance to victims of crime.

The PAO was introduced to Jeeter by Senior DPA Ellen O'Neill-Stephens, whose family adopted Jeeter to serve as companion to her son, Sean.

Jeeter's personality instantly won over , who previously thought that dogs belonged in the barn. Norm's support led to the PAO's adoption of Ellie, the PAO's official service dog and encouraged O'Neill-Stephens to spearhead this national movement.

Our hearts go out to Ellen and her family. Jeeter was a wonderful, well-loved dog and a faithful companion who brought comfort to countless individuals. He will be missed by many. To learn more about Jeeter and the use of courthouse dogs throughout the country, please click here.

Jeeter, Sean, and Ellen Ellen and Jeeter

Tune In To Comcast Newsmakers

Tune in to Comcast Newsmakers, a regular four-and-a-half-minute interview program that airs on CNN Headline News (cable channel 45) to watch host Sabrina Register speak with King County Prosecuting Attorney Dan Satterberg regarding the remarkable drop in crime rate in Washington State over the past 30 years. In 2010, major crimes were down 44% from 1980. Violent crimes decreased 27%, and property crimes decreased 46% during that same time period. To learn more and watch this interview, please click here.

Legislative Update

The Washington State 2012 legislative session began on January 9. Listed below are three areas where Dan Satterberg and other prosecutors around the state are pushing for reform

1. Increased Penalties for Vehicular Homicide

HB 2216 would increase the sentence for a drunk driver who kills. Under our current law, the sentence for Vehicular Homicide is 31-41 months. This bill would increase the sentence for Vehicular Homicide as a result of DUI to 78-102 months, the same as First Degree Manslaughter, which the law essentially defines as a reckless act that kills. Many would agree that drunk driving is a reckless act that kills. This amended bill was passed out of the House Ways and Means Committee to the House floor for further action.

2. DNA Collection from Arrestees

HB 2588 allows law enforcement to collect DNA profiles (via cheek swab) from individuals arrested for serious felony offenses after a finding of probable cause by a judge. More than two dozen states and the federal government already collect DNA profiles from arrestees. This bill also allows crime lab personnel to run an arrestee's DNA profile in the national CODIS database to determine if the arrestee's profile matches any profiles from unsolved crimes, but only after a judge finds probable cause. If there is no finding of probable cause, the DNA profile is destroyed.

3. Increased Penalties for Gun Crimes

Prosecutors around the state lobbied for HB 2589 to increase the penalties for convicted felons who continue to carry firearms. Under current law, it is illegal for convicted felons and for juveniles under the age of 18 to carry a gun. If they get caught, they are charged with Unlawful Possession of a Firearm (UPFA 2).

In the juvenile system, it takes five UPFA 2 convictions before an offender is sentenced to the Juvenile Rehabilitation Administration (JRA) for 15 weeks. Under this bill, offenders would go to JRA upon their third conviction for carrying a firearm.

In the adult system, an offender's first felony conviction disqualifies him or her from carrying a firearm. It takes three more UPFA 2 convictions before the offender is sentenced to prison for 12-16 months. Under this bill, offenders would have gone to prison for 26-34 months after their second conviction for carrying a firearm. However, this bill was not passed out of committee.

Community & Health Contributions

th ♥ 5 Annual Valentine Project: For the fifth consecutive year, Legal Administrative Specialist Lani Englund, is collecting from PAO employees hand-made Valentines and wish list donations to deliver to patients at Seattle Children's Hospital. ♥ King County Giving Campaign: The PAO received an award for most dollars raised ($74,847) among King County agencies with 251-600 employees as part of the 2011 King County Employee Giving Program, which supports local and national nonprofit and charitable organizations. PAO paralegal LeeAnne Zwinkle received the "Ambassador Award" for her hard work in leading the PAO's efforts. Congratulations, LeeAnne!

Case Updates

Child Homicide: State v. Wallace: Defendant Ronald Wallace, Jr. has been convicted of Second Degree Murder for beating to death his girlfriend's two-year-old daughter when the child was left in his care while her mother was working. The defendant was sentenced to the maximum sentence of over 20 years in prison by Judge Erlick. Senior DPA Rich Anderson handled the prosecution of this case.

Domestic Violence: State v. Garcia-Bonilla: Defendant Mario Garcia-Bonilla has been convicted of First Degree Burglary with a Deadly Weapon Enhancement, First Degree Assault with a Deadly Weapon Enhancement, Second Degree Assault with a Deadly Weapon Enhancement, and Violating a No Contact Order for breaking into his ex-girlfriend's home and attacking her and her current boyfriend with a kitchen knife while they were sleeping. The defendant was sentenced to 18 years in prison by Judge Cayce. DPA Chris Bell handled the prosecution of this case with assistance from Victim Advocate Kerri Duncan and Paralegal Divina Tomasini.

Attempted Murder: State v. Gray: Defendant Ronald Gray has been convicted of First Degree Attempted Murder with a Deadly Weapon Enhancement for stabbing an Auburn man. The defendant and two companions were repeatedly threatening individuals who were simply walking down a neighborhood street. The victim was stabbed after he asked the defendant and his companions to stop and to leave the neighborhood. The defendant now faces a sentence of over 24 years in prison when he is sentenced before Judge McCullough on a date yet to be set by the court. Auburn Police Detective Anna Weller led the investigation of this case, and Senior DPA Brad Bales handled the prosecution.

Violent Assault: State v. Ostrovski: Defendant Yevgeni Ostrovski has been convicted of six counts of Violating a No Contact Order, Felony Harassment, Witness Tampering, and Second Degree Assault with a Deadly Weapon Enhancement, as well as a sentencing aggravator for committing the assault within the presence of a minor, for holding a knife to his wife's throat and threatening to kill her in front of their 14-year-old daughter. After the defendant was arrested and was being led away in handcuffs, he told his daughter, "You're going to pay for this." After being served with a no contact order, the defendant repeatedly called his wife, urging her not to testify or to recant in hopes that his charges would be dismissed. The defendant now faces up to 10 years in prison when he is sentenced in Judge Middaugh's courtroom on February 12. DPAs Susan Harrison and Kristin Relyea handled the prosecution of this case.

Community & Speaking Events

Dan Satterberg enjoys attending and speaking at community events. If you would like to invite Dan or someone from the Prosecuting Attorney's Office to speak to your organization, please email the office at this link Prosecuting Attorney. ______

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