STEVEN J. TUCKER, PROSECUTING ATTORNEY

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1 STEVEN J. TUCKER, PROSECUTING ATTORNEY

2 2003 in Spokane County was another very successful year for the Prosecutor s Office. This year, we implemented the Felony Diversion Program. This is a pre-charging diversion program designed to allow nonviolent first offenders an opportunity to make the victim whole and avoid a felony conviction. This program eases both the jail overcrowding problem as well as heavy caseload pressures. We also implemented our Prosecutor in Every School program. Each of our deputy prosecutors is assigned to one or two of our local schools. They are available to the administration and students for advice and presentations. In the first full year of our Check Enforcement Program, we recovered $ 55,104 for our local merchants. In 2003, we again hit an all-time high of filing over 4,000 felony cases, twice as many as 10 years ago. I m honored to represent the people of Spokane County and to be able to work with such a fine, hard-working, dedicated group of people in this office. Thanks to all whose work is reflected in this annual report. Sincerely, Steve Tucker 2

3 SPOKANE COUNTY PROSECUTING ATTORNEY'S OFFICE 2003 Staffing Level by Division Attorneys Support Staff Total Administration incl Recep/Discovery Civil Division Felony Division Juvenile Division Misdemeanor Division & DV Misd Appeals Unit Family Law Unit Victim/Witness Totals The above table includes regular employees and does not include Legal Interns and extra help positions.

4 CRIMINAL DIVISION - FELONIES Major Crimes The major crimes unit prosecutes murder, felony assault, kidnapping, robbery, harassment and arson crimes. The unit is comprised of six attorneys, one paralegal, and one secretary. The unit works closely with many different law enforcement agencies including the federal government and the City of Spokane. Notwithstanding the numerous guilty pleas, the unit had 44 jury trials in the calendar year With regard to the 44 jury trials, the unit obtained 82 convictions out of 87 criminal charges. In addition, the unit had 454 referrals resulting in 1236 charges, with a net result of 299 disposed cases. Disposed major crimes cases in 2003 resulted in prison sentences resulting in 8140 months with an additional 1236 months of deadly weapon enhancements. Special Assault In the year 2003, the Special Assault Unit was comprised of three and one half deputy prosecuting attorneys, a paralegal, a secretary and a child victim advocate. We also had the assistance of three victim advocates from the Victim Witness Unit, in our adult cases. The unit prosecuted felony sex crimes, including sex crimes involving domestic violence, crimes against children, child pornography, failures to register as sexual offenders and crimes against vulnerable adults. Continuing a long tradition in the unit of addressing special issues through specialization, one of the deputies specialized this year in the prosecution of charges of drug related child endangerment, under RCW 9A This deputy works closely with city and county law enforcement agencies to enforce this new statute. One deputy continues to specialize and train in the prosecution of child pornography and sexual 1

5 exploitation of children. The part time deputy continues to specialize in the prosecution of failures to registers as a sexual offender and crimes against vulnerable adults. The Unit also represents the office on the Spokane Sex Offender Management Team, the Spokane County Child Death Review committee, the Multidisciplinary Team on child abuse and neglect issues and the Critique Group at Partners with Families and Children and the Adult Victims of Sexual Assault Committee (AVSAC) which addressed the issues related to the investigation and prosecution of sexual assaults committed against adult victims. The group continues to take a multidisciplinary approach to these cases and includes law enforcement, advocates, hospital personnel, Jim Hansen, a HITS investigator with the Washington State Attorney General s Office and the Director of the Spokane office of the Washington State Crime Lab. It has also been instrumental in working with the Washington State Crime Lab to facilitate the testing of DNA in sexual assault cases and in training allied professionals in evidence handling. Gangs In the year 2003, the gang unit dealt with numerous homicide, rapes and robberies by gang members. The homicide cases tended to create their own caseload because of the type of witnesses involved (gang members). Many individuals involved were arrested on unrelated crimes and are serving substantial prison terms due to the hard work of law enforcement, the federal government and our unit. Again, last year we saw an increase in gang related drive-by shootings and violence that went unsolved. Many of the cases that were resolved involving guns went to the Major Crimes Gun Deputy. Even with that, the gang unit filed over 270 cases during the course of the year The Gang Unit closed over 220 files by trial or plea in Many of them were violent offenses with the majority being murder, attempted murders, robbery, 2

6 rapes, violent assaults and drug delivery cases. Meth busts involving gang members have increased substantially. Again this year numerous gang members were prosecuted federally on gun and drug charges. This helped facilitate pleas in state court and ease increasing caseloads. Many gang related crimes remain unsolved due to an increase in witness intimidation. Sadly, 2003 saw another increase in youth related gang activities. As 2003 closed and 2004 started, the Gang Unit saw a sharp increase in their case load and had to start sending cases out to other units including major crimes, property and drugs. Domestic Violence In 2003, domestic violence continued to be one our Community s and Office s greatest challenges. While the overall number of reported incidents was slightly decreased, the severity of those incidents increased slightly. In 2003, the felony cases reviewed and approved for filing numbered 460 with another 238 felony cases (228 were declined outright and 10 were referred for filing in District Court) reviewed and declined for prosecution for a total of 698 felony case referrals. The infrastructure for the Spokane Regional Domestic Violence Team (hereafter SRDVT ) was created in The SRDVT opened its doors in January 1997 with staff members from the seven participating agencies in the Monroe Court Building in Spokane. The participating agencies contribute personnel and resources to the SRDVT in addition to the grant monies received from the United States Department of Justice through the Violence Against Women Act. One of the most significant events of 2003 was the commitment of the Spokane County Board of Commissioners and the Spokane City Mayor & Council to continue the funding of the SRDVT through general funding, which was established in The continued County & City funding is a 3

7 declaration that the Spokane community recognizes the existence of domestic violence in our community and the need to be deal with its issues to improve the lives of all. For 2003, the participating agencies provided seven attorneys, two APR 9 Interns, three detectives, one deputy five criminal victim advocates, one civil advocate, five support staff, as well as additional part-time personnel to make up the SRDVT. Members of the SRDVT investigated and prosecuted criminal charges ranging from misdemeanor malicious mischief through attempted first-degree murder. THE OVERALL RESULTS: In 2003, the SRDVT received 2,857 total referrals from law enforcement in comparison to 2,671 received in In 2003, 698 of the referrals were of a felony nature as compared to 683 in 2002, ranging from assault in violation of no contact orders through robbery and attempted murder. In 2003, the SRDVT signed up 460 felony cases charging 650 felonies and 176 misdemeanor charges as compared with 2002 in which the SRDVT signed up 513 felony cases charging 761 felonies and 152 misdemeanors. In 2003, the SRDVT received 2,239 misdemeanor referrals as compared to 2,069 received in In 2003, the SRDVT filed 2,162 new cases charging 2,807 crimes as compared to 1,914 new cases filed in 2002 resulting in 2,783 charges. In 2003, the SRDVT/PT closed 368 felony cases representing 1,420 felony charges as compared to 2002 in which 480 cases were closed representing 1,910 felonies. In 2003, the SRDVT closed 2,580 misdemeanor cases representing 4,654 misdemeanor charges as compared to 2002 in which 2,107 misdemeanor cases representing 4,435 charges were closed. 4

8 Property/Fraud There were 1,454 referrals received by the Property-Fraud Unit in 2003, and 1,062 felony cases were filed. The unit is staffed with eight Deputy Prosecuting Attorneys, who closed 1,000 cases in 2003 (a total of 5,085 crimes charged), and took 35 cases to trial. The unit worked closely with law enforcement through Crime Analysis, task forces and targeted crime units, as well as working from our own internal multiple referral defendant lists. Through these efforts, our backlog of property crime referrals has decreased. This unit works closely with the felony drug unit. Ten secretaries and a paralegal support the two units. Property-Fraud is also assisted by the Victim-Witness Unit with a part time advocate and a part time secretary. The unit prosecuted 72 gun cases (theft of firearm, unlawful possession, possession of unlawful firearm, first degree burglary/armed). The unit began a diversion program for class C felonies during the year, which promises to be very successful. There were 54 felony diversion cases filed between Sept. 11 and Dec. 31, Drug/Traffic/Probation In 2003, the Drug Unit consisted of thirteen attorneys. This Unit is responsible for the prosecution of all felony drug cases, felony escape and bail jumping charges, felony traffic offenses, probation violations, and all drug court cases. A meth lab task force was formed. Two attorneys out of this Unit were assigned to deal exclusively with meth lab cases, and 414 cases were filed. Other Units are handling cases involving methamphetamine as well. Methamphetamine continues to dramatically impact our community. 5

9 The Drug/Traffic Unit received 1,585 referrals that resulted in 1,308 cases being filed. Many of the drug cases consist of multiple counts and include property crimes. The deputies maintain pending caseloads of approximately 75 cases at any given time. The Unit disposed of 1,122 cases in The felony traffic unit received 106 felony traffic referrals and filed on 88 of those. These cases included 21 Vehicular Assault cases and 15 felony Hit and Run cases. One attorney in the Drug Unit is assigned to Drug Court. Offenders have to meet specific screening criteria in order to qualify for entry into the program and are required to sign an agreement stipulating to the facts of the case. Successful completion of the program results in the dismissal of the charges. Offenders who do not complete or fail the program are prosecuted based on the stipulated facts. In 2003, 160 defendants were screened and found eligible for the program; 83 of those chose to enter the program, and 21 successfully completed the program and graduated. The Drug Unit also has an attorney and a paralegal assigned to handle a majority of the probation violations. They handled 125 probation hearings, 901 probation modifications orders were entered, and 835 terminations or discharges were entered, totaling 2,740 files for the year. Legal financial obligations in the amount of $60, were collected. Juvenile I. OFFENDER STATUS: A. REFERRALS: The referrals for 2003 are This is up from 2002 referrals of 5131, resulting in a difference of 26 more referrals or an increase of 1/2%. This year s referrals are 1611 referrals less than 1996 s referrals of The result is a 24% decrease of referrals over the last 8 years 6

10 B. CASES FILED: The cases filed for 2003 are This is up from 2002 cases filed of 1516, resulting in a difference of 61 more cases filed or an increase of 4%. C. TRIALS: The trials for 2003 are 55. This is down from 2002 of 59 trials, resulting in a difference of 4 less trials or a decrease of 7 %. These calculate not only offender matters but also include 13 truancy trials. One of the reasons for the decrease in trials this year can be attributed to an increase in felony dispositions of 9%. D. CASE BACKLOG: The case backlog average is currently at 145. The decrease averaged 36 cases per month over last year. One of the reasons for the decrease in the case backlog is that more cases were handled in VOMP and more diversion rejection cases were filed on this year. In addition, a decrease of 20 diversion cases was referred to diversion this year. As a result, there were fewer cases that potentially may have been part of the backlog. E. SEX CASES: There were 44 sex cases referred in 2003: 5 went to Sexually Aggressive Youth Program (SAY); 1 was an automatic decline; 5 had insufficient facts; 2 were not filed and 31 were filed. Of the 31 filed sex cases: 22 were guilty pleas; 1 trial conviction; 2 not guilty trials and 6 pending resolution. Of the 23 guilty pleas or conviction: 12 went to SSODA; 5 went to JRA; 2 received local sanctions and 4 waiting for disposition. II. RESTORATIVE JUSTICE: The late great Jim Gillespie informed, educated and convinced the agencies within the Juvenile Justice System regarding the benefits of restorative justice. Restorative Justice actively involves victims, offenders and the community in a cooperative resolution to conflict: A. VICTIM OFFENDER MEDIATION PROGRAM (VOMP): The VOMP program is very simple: the victim and offender agree to meet with a trained mediator in the hope of 7

11 mediating a settlement. If the parties agree to a settlement, sign a contract and complete the conditions of the contract, no legal action will be taken on the charge. As a result, the victim is made whole, the offender is held accountable and the community is strengthened by this resolution. Inland Mediation Center is the agency, which trains, assigns and monitors mediators for the VOMP program. Our office has benefited from VOMP by assigning pre-adjudicated cases. This year, we have referred 207 cases to them. This is an increase of 77% over last year. Of the cases returned to our office, 62% of the cases either completed condition of the contract or resolved the conflict prior to the meeting. Furthermore, Juvenile Court is starting to use Victim Offender Mediation as a condition in the disposition order III. TRUANCY: This year, the prosecutor s office decided to represent the school districts in Spokane County in an effort to better effectuate the principles of students attending school under the Becca Bill. As a result, school representatives only need to appear in court when a case is contested. And the school districts are very pleased with our service. A. FACT FINDING: This is an order for students, who have at least 5 unexcused absences within a month or 10 unexcused absences within the school year, to compel them to attend school, every day, every period on time. In 2003, 1465 truancy petitions were filed. This is an increase of 372 truancy petitions or 25% over last year. The increase may have been due to streamlining the system to make it easier for the school to file and the school districts receive payment for every petition filed. There were 597 truancy orders filed this year, resulting in an increase of 246 truancy orders or 59% over last year. The reason for the increase in truancy petitions filed and in the truancy orders is due to the fact that we changed the filing system beginning with the

12 2002 school year, the school districts, in most cases, were now required to filed a stay truancy petition in which the school, parent and student would explore intervention solutions to resolve the truancy problems. However, the school districts can bypass the stay petition and filed a court petition. Finally, a total of 8 truancy trials were heard. B. CONTEMPT: This is an order for students who have violated the truancy order to compel attendance. The sanctions against these students include detention time, fines, community service and/or other conditions. Furthermore, the parents of the student may be fined up to $25 for each unexcused absence. In 2003, 331 contempt actions were filed. This is an increase of 19 contempt actions or 6% over last year. There were 216 contempt orders entered, resulting in a decrease of 187 contempt orders or 46% over the last year. The reason for the decline in contempt filings and orders is that in the beginning of the school year , we changed the length of time in which the court has jurisdiction over the truant from the student turning 18 years old to October 31 st of the next school year. This is because funding is based only on the amount of truancy petitions. So, cases in which jurisdiction only lasts until October 31 st of the next school year create fewer opportunities for contempt actions because those cases are refilled as truancy petitions. Finally, a total of 5 contempt trials were heard. OTHER RELATED PROGRAMS: A. JUVENILE DRUG COURT: The concept of this program is to provide a holistic approach to treating juveniles for alcohol/drug and other related problems. After many meetings and conferences, Spokane County has decided to pattern Drug Court criteria after the Chemical dependency disposition alternative. Although the treatment plan may be different, the court procedure will be similar to Adult Drug Court. In 2003, there 9

13 were an additional 29 from the original 30 candidates who entered Drug Court last year. From this group 9 successfully completed and 9 were revoked from the program. B. MINORS IN PREVENTION: This is a scared-straight program for first-time offenders of minor in possession, possession of marijuana and drug paraphernalia. This program has been expanded to include pre-disposition as well as pre-filing cases. C. PRESENTATIONS: 1. On December 4, 2003, Bob Jalovi presented at the Spokane Police and School District 81 Liaison Committee meeting at the Spokane School District 81 Administration Building in Spokane, Washington. My presentation was entitled: Truancy Process and our partnership with the School District and Police. 2. In conjunction with the Prosecutor in Every School Program, Lynn Mounsey gave 3 presentations re: Juvenile Law on February 18, 2003, May 2 & 23, 2003 respectively at Cataldo Catholic School. 3. In the spring of 2003, Lynn Mounsey gave a presentation on Criminal Justice at Eastern Washington University. 4. On April 8, 2003, Lynn Mounsey gave a presentation on Juvenile Crimes, Process, Restitution and Landlord Q&A at the Independent Insurance Agents Luncheon. 5. On July 30, 2003, Lynn Mounsey gave a presentation on Juvenile Crimes, Justice Process and Restitution Goals at the Building Owners and Manager s Association Luncheon. CRIMINAL DIVISION-MISDEMEANORS District Court In 2003 the seven-member district court unit handled 11,934 new misdemeanor referrals, an 18% increase over [2,675 DWI cases (an 18% increase over the 10

14 2,258 DWI cases in 2001); 5,547 other criminal traffic cases (a 29% increase over last year), and 3,712 criminal non-traffic cases.] Trial dockets burgeoned with Driving While Under the Influence cases in our three-judge district court. A large percentage of the cases tried were subject to direct appellate review. The District Court attorneys also handled the probation violation dockets, the mental health misdemeanor procedures under Title 71, as well as the DUI first appearance dockets. The additional workload concomitant with these procedures was accomplished without additional personnel. Indeed, due to budget cuts, we lost one attorney that was previously assigned to the infraction dockets. Felony and misdemeanor first appearances were handled daily by the District Court unit - with the help of externs from Gonzaga Law School. CRIMINAL DIVISION-APPEALS Appeals The Appellate Unit supervises all cases originating from the Spokane County Prosecutor s Office at the Court of Appeals and in the Washington Supreme Court. The appellate caseload is nearly all criminal in nature with felony appeals predominating. The District Court Unit manages misdemeanor criminal appeals to Superior Court. Administrative appeals are managed by the Civil Department. The Appellate Unit manages criminal appeals from District Court that reach the Court of Appeals saw a continuation of the previous year s marked increase in appellate case filings, with the average monthly totals in the fall seeing their highest levels in over four years. The year ended with 217 open appeals files the highest total since early The average monthly caseload was 218 cases, a 19.7% increase over A total of 170 briefs were filed in appeals cases, the highest number ever recorded. Nine cases were 11

15 argued in the Washington Supreme Court in 2003, compared to only one the previous year. Final briefing for the personal restraint petition in the Dwayne Woods death penalty case was completed. A decision from the Washington Supreme Court is pending in that case. CRIMINAL DIVISION-VICTIM/WITNESS Victim/Witness Major Crimes, Sexual Assault, Domestic Violence, Gang, Property and Juvenile are the various units where advocates play an important role while assisting victims. Advocates assist all victims and survivors of homicide from the time we receive the police report (referral) to the final outcome of their case, this may be through a guilty plea or trial. We will at the request of the victim speak on behalf of the family or read their Victim Impact Statement in court. We attend monthly Community Justice Meetings in the Juvenile Unit as well as bringing speakers to Martin Hall (a juvenile facility). We have 2 mothers, one whose son was murdered and one whose daughter was killed by an impaired driver. Our advocate coordinating these Impact Panels is Lory Miller, Juvenile Advocate. A goal is to begin talks with juveniles in detention as the feedback at Martin Hall was quite positive. Shane Smith and Linda Carter talked with students at Lewis & Clark High School s Criminal Justice Studies. From that talk we acquired a student who volunteered in Victim Witness through the Practicum in Community Involvement program. Two advocates attended the Early Childhood Brain Development at Spokane Falls Community College. Dr. Wil Bleckman was the dynamic speaker. Other areas of involvement are the ongoing Kids Court, Homicide/Violent Crime Support Group Meetings, quarterly newsletters, as well as taking care of our dedicated 12

16 Volunteers. We also attend various training to keep up to date on the newest legislation. CIVIL DIVISION Civil The Civil Division of the Prosecutor s Office is comprised of nine (9) attorneys, three (3) paralegals and a secretary. Responsibilities of the Civil Division are statutory and include: Providing advice to all Spokane County Elected Officials and department heads, representing Spokane County Elected Officials and employees in litigation under the County Self Insured Retention as a member of the Washington Counties Risk Pool, representing the Prosecuting Attorney in Civil Commitment hearings, and prosecuting violations of Spokane County Ordinances. Document production and activities for 2003 were as follows: GENERAL CORRESPONDENCE* STANDARD DOCUMENTS 242 AGREEMENTS 544 COURT PLEADINGS 1002 MISCELLANEOUS DOCUMENTS 656 COURT ACTIVITIES** 691 OTHER ACTIVITIES CIVIL COMMITMENTS 2476 TOTAL * Includes Public Disclosure requests on behalf of Spokane County Elected Officials and/or Department Heads ** Includes the Civil Department representation of clients before Spokane County District/Municipal Court, Spokane County Superior Court, Washington State Court of Appeals, Washington State Supreme Court, U.S. District Court, Eastern Washington Growth Management Hearings Board, and administrative hearings bodies (hearing examiner, Civil Service, etc.) Family Law As the representative of the Division of Child Support in Spokane County, the Family Law Division of the Spokane County Prosecuting Attorney's Office continues to 13

17 represent the Division of Child Support in cases in Superior Court in Spokane County, Lincoln County and Stevens County, and in the Federal Eastern District Bankruptcy Court. Several Deputy Prosecutors have been appointed as Special Assistant Attorney Generals to represent the Division of Child Support in counties outside of Spokane. Spokane Family Law also houses the Parenting Enrichment Program, a grant funded access and visitation program, which has been ongoing. The most significant change in calendar 2003 from prior years is a significant drop in the number of paternity referrals received from the Division of Child Support. Approximately 25% fewer referrals were received in calendar 2003 than calendar Partially accounting for the drop in paternity referrals is the success of the paternity acknowledgment program undertaken by the Division of Child Support. While the number of paternity referrals dropped, the complexity of those cases received, has increased. Many of these cases involve significant interventions by other agencies such as the Department of Children and Family Services, and Juvenile Court. The number of contempt referrals was increased during calendar 2003 and partially offset the reduction in paternity referrals. The number of dissolution/response cases received by Spokane County Family Law stayed relatively level from 2003 to 2003, in the neighborhood of 400 cases. The number of cases for which bankruptcy representation was provided continued to increase, as did the amount of money collected through their efforts. For 2003, well over $500,000 was collected through the efforts of the Spokane Family Law bankruptcy team. Challenges for the coming year will be to allocate the resources of Family Law to meet the referrals provided by the Division of Child Support. Should paternity referrals 14

18 continue to decline, personnel will be re-allocated to handle other types of cases. The Division of Child Support is facing significant financial challenges and is seeking new ways to accomplish more with fewer funds. Prosecuting attorneys will be asked to assist the Division of Child Support in meeting its goals. Spokane Family Law has continued to provide excellent representation to the Division of Child Support and the residents of Spokane County. 15