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Before Angus Lee was a candidate for Prosecuting Attorney in Grant County, he served in the Marines Recon where he got shot up in a gun battle with the enemies.  You have to wonder if he is looking for a foxhole now, as some pretty big opponents see fit to go after him in this year’s election battle.

Angus Lee was once a soldier in Iraq, but now faces a different sort of combat.

Former State Senator Harold Hochstatter took aim at Angus Lee at a candidate’s forum where he ambushed Lee with an awkward question about Richard Fitterer, a judge in Grant County.   The outspoken Hochstatter asked Angus Lee about an incident where Fitterer allegedly sideswiped another car.  The incident was covered in the Columbia Basin Harold, and an excerpt follows:

Former state Senator Harold Hochstatter stood up, asking for permission to address Lee, receiving permission from Simpson (the moderator).  Hochstatter recounted an accident occurring June 5 of this year. He claimed Judge Rich Fitterer sideswiped a car coming out of Quincy. He said an officer stopped the judge’s car at Rocky Ford Creek.  “The officer who didn’t arrest, recognized the judge. I knew that in July when I was here at another debate and nothing has been done,” Hochstatter said. “That was June 5 and now it is four months later. Are you going to do anything about that?”  “So you’re telling me that a judge got into a fender-bender and you want me to prosecute him?” Lee asked. “Let me point out the way a justice system works Harold. The police write reports and they arrest people and send that to my office. My office has never received any information of any kind, regarding what you are talking about. If we receive any information from law enforcement that there is probable cause for a crime, we prosecute it, regardless of who it is.”  Hochstatter pulled out a CD he claimed to be a recording of officers identifying the judge and speaking about the incident as it took place, and brought it over to Lee.  “This is from the (Multiple Agency Communication Center),” he said.  Lee accepted it.  “OK,” Lee said. “I’ll take a look at it tomorrow morning.”

This is what you call an ambush.  Hochstatter knows how to zing somebody at a candidates night, having run for governor in 2000.  And Harold Hochstatter should find a better way to spend his retirement then picking on young, local prosecutor candidates.  Hochstatter is one of those attention hounds that probably found it hard to sit still and watch other candidates talk, and couldn’t resist the urge to elbow his way back into the spotlight.  Since when is it fair to ask a prosecutor candidate about any particular pending case anyhow?  Angus Lee has to practice in front of Judge Fitterer as an attorney, and Harold Hochstatter put him in an awkward position.  Why didn’t Harold Hochstatter go to see Angus Lee about his concerns man-to-man?  That would have deprived Hochstatter of the element of surprise, and Hochstatter needed the theatrics to draw the spotlight on to him.

When I say Harold Hochstatter took aim at Angus Lee, that is a gun metaphor, and gun metaphors are something that Hochstatter is particularly fond of.  Hochstatter drew a rebuke from the governor when he stated that he thought sometimes it was awfully close to the time when “shooting” would be necessary to defend against unfair government regulation.

One of Angus Lee’s assistant prosecuting attorneys, Teddy Chow, later said that the office had received some reports months after the incident, and that Angus Lee wasn’t being straight with Hochstatter.  But I do not see how it is that a prosecuting attorney in a county with the population of 75,000 can be expected to keep track of every police report for every traffic case.  Anyhow, even if Angus Lee knew something about the matter, he was correct to bite his tongue at candidates’ night on any incident pertaining to a Judge.  The lawyer rules of professional conduct RPC 8.3 say that all lawyers should make “efforts to defend judges and courts from unjust criticism”.  And Angus Lee was correct not to put Judge Fitterer on trial at a candidate’s night, particularly when Fitterer was not around to defend himself.   If Teddy Chow thinks Richard Fitterer should be prosecuted, he should have referred the matter to a special prosecutor.   A traffic accident for a judge should not be allowed to become a political football.

Aside for his other qualifications for office, Angus Lee is definitely developing one particular characteristic that you need for public office.  You need to have a hide like an alligator.

The expense of high quality video surveillance equipment has plummeted, and many businesses are installing sophisticated  systems into their businesses.  This is posing a challenge to robbery and burglary suspects.  It seems like you cannot watch the news or go online without seeing photos or video footage of these guys caught in the act.

This youth apparently covered his head with his T-shirt before being caught by a security camera

But burglary and robbery suspects are finding new ways to cover their faces when they are on the job.  I saw this photo to the left in the Olympian online yesterday that the police released with the hope of identifying him.  For the latest Eastern Washington crime/court news, I visit the blog Sirens & Gavels.  The stories in this blog by Meghann Cuniff usually include surveillance photos.  I read the Spokesman-Review in print, but I check their online site for the audio/video content.

This photo depicts Terran D. Schatz, who plead guilt to second degree robbery. Schatz was an Iraq war veteran who apparently became addicted to oxycontin

I follow all the local oxycontin robberies, and have blogged about this in the past, see earlier post.  The pattern that many of these robbers fit, is to try to cover as much of their face as possible without it seeming too suspicious.  Obviously if a person walks into a pharmacy or business with a bandanna over their face then that will alert everyone as to their intentions.  In my experience as a criminal defense attorney, some suspects keep these robberies as low-key as possible, simply presenting their demand to the counter in the form of a note.  In Meghann Cuniff’s blog today,  she posted surveillance footage of a failed armed robbery attempt by a man who allegedly walked into a pharmacy in Hayden with a gun to attempt to get oxycontin.   The suspect left empty-handed because the pharmacy avoids keeping it in stock due to the rash of such robberies.  Notice the suspect’s mannerisms as he walks into the store.  He clearly is aware of the presence of the security camera, and would have likely visited the store in advance to observe the placement.   The suspect casually covers his face with his hand, as if to suppress a cough, but drops his hand down after he passes the camera.   His head is covered with a hood and hat.

Such surveillance videos pose a challenge to the investigator and attorneys handling such cases.  The equipment is difficult to operate, and often times a store owner is not aware of how to duplicate the recording for the police.  In metropolitan areas, specialized robbery or major crimes detectives are well practiced at handling such equipment, but in our more rural counties deputy sheriffs often struggle.  As a defense attorney, I have dealt with armed robbery allegations cases where the video was replayed by the police to see, but was never copied for court or made available to the jury.   Often times, when a copy is made the file is “compressed” reducing the quality of the video footage.  “Compression” is the process by which a larger data file is reduced in size to more easily fit on a disk or flash drive.  Video quality varies from camera to camera, but unlike on TV, it is rare that the video can be significantly enhanced.  When I defended an armed robbery allegation in Okanogan County, I worked with an expert who used Photoflair to try to enhance the image, but it was not very successful.   Photoflair has been used in a lot of high profile cases, and can be helpful, but it is not like on CSI.   In the future, the police will not necessarily need to post the photo of a robbery suspect to solve the crime.  Face recognition software already exists and came on my MacBook when I bought it.  When I add photographs from my camera to my computer, the program recognizes the subjects of the photos and tags the photos accordingly.  It is possible that someday the police could match a photo of a robbery suspect with other photographs the suspect has posted on social networking sites.

Having defended such cases and worked with oxycontin addicts, I grow frustrated with the manufacturer of oxycontin, Purdue Pharma.   As I wrote in an earlier post, pharmaceutical company Purdue-Pharma invented and mass-marketed oxycontin.  The company agreed that it committed a felony when it marketed oxycontin and hid how unsafe it was.  The company faced 600 million in fines after it plead guilty, but the executives never went to jail.  The company encouraged doctors to prescribe it not just to dying cancer patients, but to people with even moderate pain.   Many addicts were thus created.  According to a story in the New York Times, “…Purdue Pharma contended that OxyContin, because of its time-release formulation, posed a lower threat of abuse and addiction to patients than do traditional, shorter-acting painkillers like Percocet or Vicodin.”  Less addictive then vicodin (i.e. hydrocodone)?  Now that really makes me chuckle.   Remember the above video of the robbery suspect who tried to rob the pharmacy but they did not stock oxycontin?  He left empty handed.  He didn’t ask for percocet or vicodin as an alternative.  He knows there is no substitute or no pharmacy drug like oxycontin.  It’s only equivalent is heroin.

The DEA has cut back on prescriptions for oxycontin, but you really can’t put the genie back in the bottle.  Addicts will rob pharmacies rather then suffer the agony of withdrawal.  Further steps are needed to limit oxycontin’s use.

On September 19th, 2009, Phillip A. Paul walked off from an outing at the Spokane County Fair for patients of Eastern State Hospital.   Phillip Paul was in the custody of the state hospital due to a finding of insanity following his murder of an elderly woman in 1987.  A lot of people understandably wondered why a person like him would not be better supervised if out in public.  But others wondered why there should be any outings at all for any mental patients.  After Paul was caught,  several experts addressed the issue.

The escape of Phillip A Paul from an outing at the Spokane Fair left the public wondering why any patients should be allowed on outings.

One interesting article was by Kevin Graman of the Spokesman-Review.  Kevin Graman interviewed retired mental health counselor Ron Anderson, who is president of the Spokane affiliate of the National Alliance on Mental Illness. Graman asked Anderson if he thought it was appropriate for forensic patients to attend public outings.  (Forensic patients are patients that have committed crimes).   Anderson explained as follows: “If you look at the goal of recovery as being returned to the community, it would seem appropriate.  That is the goal of recovery, to get people back into society.”  Ron Anderson commented on the media reaction to the story explaining that “…the use of the term ‘paranoid schizophrenic killer on the loose” sounds like he was on a killing spree at the time.  He was in recovery.  He was taking medications.”   Ron Anderson explained that as a result of this incident all state mental patients (including those in units other than the forensic unit) have lost the privilege of outings.

There was also a good opinion piece on the media coverage of this incident that was written by Jennifer Stuber, a professor at the School of Social Work at UW.    She agreed that this particular patient should have been better supervised, but questioned the media coverage.  She wrote: “Many of the news stories had a headline that linked mental illness to violence. ‘Insane Killer,’ ‘Mentally ill killer,’ ‘Schizophrenic killer’ were used repeatedly. Research has continuously found that a diagnosis of major mental illness alone does not predict violence. The severity of Paul’s symptoms and his history of violence and criminality are a valid concern, but not his diagnosis alone.”  Jennifer Stuber explained that by describing Phillip Paul as an “insane killer” made him seem like he was an immediate threat to the community.  Jennifer Stuber is right about that.  I was in Spokane a little bit around that time, and there was definitely the attitude that people better lock their doors, and stay out of the area as if this guy was on a killing spree.   Some commentators acted as if the justice system failed by finding Phillip Paul not guilty by reason of insanity.  The ironic thing is that if he had actually been convicted of the crime, he would likely have been released years ago for the 1987 offense.  The standard prison range for Second Degree Murder is 10 to 18 years, and that is before any credit for good behavior.  At least Eastern State Hospital was trying to prepare these people to succeed in life once they are released.  People are released after serving lengthy sentences for murder all the time by Department of Corrections,  and people don’t break into a panic every time a discharged inmate leaves the facility grounds.

It seemed like everyone wanted to jump on the bandwagon criticizing Eastern State Hospital.  Spokane County Sheriff Ozzie Knezovich said “I can tell you there was an extreme amount of anger in the law enforcement community” and he said he plans to bill the state $37,000 for his department’s expenses.   But how many times do blunders by the police lead to the release of violent criminals?  This occurs when the police accidentally destroy evidence, violate a suspect’s rights, or overlook obvious clues.

No one is claiming that Eastern State Hospital showed good judgment in including Phillip Paul in the group of patients for the outing, but the danger posed by the escapee was overstated in my opinion.

A couple of days ago I received in the mail the Washington DUI Practice Manual, a book by DUI attorney Linda M. Callahan and published by West Publishing, Thomson Reuters.  This most recent copy is the 2009-2010 edition, which is the second such volume. I believe that last year’s edition was the first time that Thompson Reuters published a Washington Practice volume on DUI law.  It is an important edition to the West Washington Practice series.

I have purchased or borrowed many other DUI law books over the years, and I have not found any other books that are as helpful or informative as this book.   With others I have looked at, it has seemed that the material was outdated, or not applicable to Washington State, or that the authors were saving their best strategy ideas for themselves.  The Washington DUI Practice Manual covers it all, it is geared toward Washington State, and it is updated every year.   It is not cheap to buy a new volume every year, but it is worth it to stay on top of the latest changes in DUI practice.  DUI law is considerably different from other areas of criminal defense work in that it changes from year-to-year, and is largely dependent on the scientific reliability of the testing involved.

A DUI case usually begins with a stop by an officer for a traffic infraction, and the officer requests that the driver perform field sobriety tests.  In this book, chapter 21 is dedicated to the science of such tests, and making sure that the tests are administered correctly, and that the jury understands the limits of such tests.

Author Linda Callahan also covers the science of the PBT, which is the portable breath test that an officer typically asks the driver to take while still at his vehicle.

The PBT, or portable breath test is covered in chapter 22 of Linda Callahan's book.

The results of this test are not admissible at trial, but can be considered by the judge in determining whether the officer had probable cause to arrest the driver.  Linda Callahan’s book covers the history of the PBT instrument, the requirements  for its use, the certifications necessary to operate it, and the admissibility of the refusal to take such a test.

Attorney Linda Callahan covers the important information on the tests for alcohol that occur later in a case, namely breath testing and blood testing.  As many are aware, the accuracy of the breath test instruments was called into question recently due to deficiencies in the State Toxicology Lab. (See article.)   Linda Callahan also covers the difficulties that the State Toxicology Office has faced since audits revealed a failure to abide by the rules, regulations and policies regarding the handling of  blood samples.

In addition to DUI defense, the Washington DUI Practice Manual also covers related crimes such as Reckless Driving, Negligent Driving, Hit-and-Run, Reckless Endangerment, Driving While Suspended, Boating Under the Influence, Minor in Possession of Alcohol, Felony Eluding, Vehicular Assault, and Vehicular Homicide.

In this book Linda Callahan also covers the separate proceedings that a driver faces with the Department of Licensing (DOL).  Every year the State Legislature changes the laws governing DOL, and a criminal defense lawyer needs to be aware of the changing laws on license suspensions, SR-22 insurance, and ignition interlock devices.  The Department of Licensing conducts their own hearing on whether a driver had over a .08 breath alcohol or blood alcohol level.  This year a new law went into effect allowing some suspended drivers to obtain an ignition interlock license, and that new legislative change is covered in Linda Callahan’s book.

I would recommend this book to any lawyer who does DUI defense.  I understand that Linda Callahan has also published a book geared toward laypersons entitled The DUI Book, Washington Edition.

I know it is an off year for elections, but there are still good election battles going on.  Let’s start with the Grant County prosecutor race.  It all started when Grant County Prosecuting Attorney John Knodell decided that he wanted to run for judge last Fall.  He ran for Ken Jorgensen’s seat.  When Knodell was elected judge, he resigned from his job as prosecutor in the middle of his term.  The commissioners then appointed Angus Lee for the position, who I blogged about in an earlier post.   Angus Lee is a charismatic, 30-something Iraq war vet who was working in District Court prosecuting such cases as DUI and assaults.

Angus Lee

He was interviewed by the Grant County Commissioners, and must have charmed them because he was selected over several more experienced deputy prosecutors.  Angus Lee faces a electoral challenge from Albert Lin, an amiable ’97 Syracuse Law grad with lots of felony trials under his belt.

Albert Lin

Things got interesting when retired judge Ken Jorgensen weighed in on the political race in a letter to the editor.  Jorgensen attacked Angus Lee as inexperienced, asking “Would you hire an attorney who had no courtroom experience to represent you in an important trial?  Grant County interim prosecuting attorney Angus Lee has only been in the county for little over two years. He was admitted to the Bar in July 2005 and hired by Grant County in 2006. He has never tried a felony case in Superior Court. He has not even tried a case in Superior Court since he was appointed.”  It is true that Angus Lee is a pretty recent law school grad, but his education was delayed while he served in Iraq.

The voters seem to be turning a deaf ear toward Jorgensen, because Angus Lee was ahead in the primary.   Now that he is retired, I will say that Jorgensen seemed to get a little ornery as time has gone on.   The last time I had a case in front of him in Grant County, he became annoyed at me when I requested color copies of crime scene photographs, as opposed to black-and-white photocopies.  Ooooookay.  As to Angus Lee and Albert Lin, I have worked a little with both, and both would seem to do a good job.  The election contest has lit up the blogs down there, see for example Grant County PowerNet. (Link has been removed.)

Meanwhile, up in Omak, Washington, we are witnessing an election battle for city council between Chris Thew and Nattalie Cariker.  Thew is a former reporter from the Omak Chronicle, and I enjoyed his news stories there.  He really seemed to try to cover all perspectives.  Reporters would seem to have good qualifications for running for city council.  They often sit through meetings, and are probably well versed on the Open Public Meetings Act, and Public Record Act.   Nattalie Cariker also knows a little something about the law, having worked as a police officer for the city of Brewster, and having studied criminal justice at WSU.  A big function of any city government is working with the police department.

Up in the city of Republic, retired-attorney Alexander Wirt faces a city council election challenge from Larry Heming.

Alex Wirt ran for Ferry County Prosecuting Attorney against me in ’98, and against other opponents in ’02 and ’06, but he never won.   He gave up his bar license when he retired, so he does not appear to pose an election threat against the current Ferry County Prosecuting Attorney Mike Sandona.  Mike Sandona faces re-election next year.  See earlier post.

In Spokane, lawyer Bryan Whitaker is taking on Tracy Staab for judge.

Bryan Whitaker

Bryan Whitaker is an attorney in private practice who also works as a pro tem judge.  He has highlighted the fact that he is actually a resident of the city of Spokane, while the incumbant Tracy Staab lives outside the city limits.  There is no requirement in the city code that a judge live in the city, but as a matter of Spokane pride this issue seems to have captured people’s attention.  The Spokesman-Review ran an editorial endorsing Tracy Staab and opining that the residency of the candidates should be a non-issue.  However, in an otherwise slow election year the Spokesman’s reporters continue to cover the debate on this issue.

Tracy Staab

The issue has dragged in other city officials who have been quick to get involved, including Bob Apple, who characterized Staab as a “carpetbagger” in an email.  Jim Camden wrote an opinion piece correcting his use of the term.   Tracy Staab has highlighted the fact that she received a higher rating from the Spokane County Bar Association, and has a broader array of support from sitting judges.

The job Staab and Whitaker are running for is the position of Municipal Court Judge.  The only criminal court cases that a Municipal Court Judge hears are misdemeanors and gross misdemeanors such as DUI, simple assaults, petty theft, and possession of small amounts of marijuana.  Both candidates have broad experience in their background including work as a prosecutor and as a criminal defense lawyer.

What are my predictions for the ’09 election year?  That would put the winners as Angus Lee, Chris Thew, Larry Heming, and Tracy Staab.  Time will tell.

As always, I welcome everyone to post comments, but please limit input to constructive, thoughtful comments.

When a person thinks of their constitutional rights, they often think of their right to free speech, or to bear arms, or the right to a jury trial.  The Washington Supreme Court dealt last week with a right that we do not always think of.  That is, the right to a “public” trial.   This was in the case of State v. Strode, a case originating out of Ferry County.  The right to a public trial is in the 6th Amendment to the U.S. Constitution, which reads:   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

In the case of State v. Strode the Supreme Court had to decide whether it was appropriate for a judge to question potential jurors in chambers, as opposed to the open courtroom.   On certain cases, the parties obviously want to know whether a juror has been the victim of, or been charged with the crime in question.   The practice usually involves the judge inviting the juror back to chambers, along with the prosecutor, defense attorney, and defendant.   The State Supreme Court ruled that this may be acceptable in certain circumstances as long as a certain analysis is done on the record justifying the decision.

Although we learn about our constitutional rights in school, lay people I work with are often surprised at the way that the right to a public trial works.   It is often thought that it is acceptable to “close the courtroom” at certain times or even to allow a child witness, for example, to speak to the judge privately in chambers.   Such practices are prohibited by the U.S. Constitution for criminal trials.

This right to a “public” trial has come up several times in my practice as a criminal defense lawyer.  I once had a trial where an undercover cop was testifying about work he did on a case.  Although his identity was known to me and my client, the agent still had other cases that he was working elsewhere in the state.  The prosecutor moved to close the courtroom, but the judge had to deny the motion.

As we know courtrooms are often pretty empty during a trial.  Often times the defendant’s family will be present or a spouse of a juror will attend. However, it is any person’s right to just come in to a court and watch a trial or a docket.  When I travel to different places I often like to visit the local courthouse.  I once sat through a half-day trial in New York City, and when I was in law school, I often sat through jury trials in Spokane.  The right to a public trial belongs to a defendant, but also to the public.  Often times, it is the news media who raises this issue.

I once worked as a defense lawyer on a First Degree Murder case in Ferry County where the issue of a public trial arose.   The electronic locks on the courthouse doors lock automatically at 4:00 p.m.  The attorney general prosecuting the case stepped outside for a breath of fresh air during the recess and was locked out.  After a while, when court was set to resume we wondered where he went and found him outside.   Needless to say, the settings were changed on those locks.  Although it may seem a bit silly to some, locked doors at a courthouse would have required a new trial had it not been fixed.

Several years ago, I had a case in Okanogan County where a 6-year-old child was testifying during a non-jury trial.   The case dragged on through the morning, and people started to arrive for the afternoon traffic court docket.   The courtroom that had been previously empty started to fill up, and the pro tem judge directed the bailiff to post a sign on the door directing defendants to wait outside until their case was called.  I wondered if this was permissible, but the issue never got to the appeal level.

In the case of State v. Strode, the Supreme Court granted the request of the defense attorney for a new trial.

I read a letter to the editor in the Spokesman-Review today that was pretty interesting.   Kayela Robertson of the Spokane Valley made the point that her twenty-year-old husband cannot legally carry a handgun in this state despite the fact that he has served in the U.S. Army.  See letter.   Kayela writes: “At 18 years old, he signed away his life to the Army, yet, due to his age, he can’t legally…carry around a pistol for protection.”  Generally speaking, under RCW 9.41.240, a person under 21 can only carry a pistol if they are in their own home, on their own property, or at their own place of business. The legislature enacted this law in 1994, and at the time their reasoning was as follows: “The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.”

The idea of younger people with firearms is always an interesting question in court.  In rural areas, firearm possession and use is looked at as part of growing up.  In more urban areas, a young person or a teenager with a firearm is looked at suspiciously, as if the youth in question might have motives related to gang membership.  I have written in the past about possession of weapons by youth in the past.  (See post).   Our society seems to be of two minds when it comes to youth and firearms.  As an attorney who has defended younger people caught with handguns, I never know how the judge or jury will react.  A lot of the perception comes from how a person is raised to look at firearms.

What do people think about Kayela’s point?  I saw that her letter was online, but did not see any comments posted on the Spokesman-Review’s site.  In Idaho, it appears that 18-year-olds can possess handguns.  Should our laws be changed?  Should an exception be made for veterans that are 19 or 2O years old?  Many veterans face adjustment issues when they return to the civilian world?  Is that a fair consideration?

The police of Washington State have a full manhunt underway for Colton Harris-Moore, a teen from Camano Island, who has used stolen airplanes to elude capture.  As if to jinx themselves, Island County Sheriff Mark Brown lost his temper with a “Today” show producer covering the story and said “I will not have him made into some kind of folk hero.”  Too late.  How do we know?  There is already a fansite for Colton Harris-Moore on Facebook.

A photograph Colton Harris-Moore took of himself with a stolen digital camera while hiding in the woods eluding police.

While Police might decry his status as a “folk hero”, they surely contributed to the problem by their statements to the press that describe the teen as almost like a ninja.  Deputy Jeff Paterson explained that he had nearly caught Harris-Moore in the woods and saw him with his flashlight, but  “he virtually vaporized in front of me…”  The police allege that Harris-Moore laughed loudly from the woods when he realized he had eluded the officer.   Harris-Moore has hidden from police for 18 months and has lived off of stolen items.  He is believed to have trespassed into homes and quietly copied credit card information before leaving unnoticed.  He is suspected of then ordering camping and survival gear for himself with the credit cards.   Harris-Moore is alleged to have stolen a  Mercedes, but drove the vehicle off the road and fled when the police tried to stop him.  Harris-Moore’s latest incident involves flying off the island in a stolen plane and then over to Yakima.  His mother raised eyebrows recently when she told a reporter: “I hope to hell he stole those airplanes — I would be so proud,” she said. “But put in there that I want him to wear a parachute next time.”

The administrator of the Facebook Fan page writes: “Colt is the real life 21st century outlaw. The world is his playground. Should he turn himself in, or continue on? Post your feedback.”

If I were his criminal defense attorney, I would tell Colton Harris-Moore to turn himself in right away.  It sounds like he committed a bunch of crimes as a juvenile, but by not facing the charges, he has turned 18 and will face trial as an adult.

The police might decry his “folk hero” status but all this publicity works in their favor for two reasons: 1) It will be hard for Colton Harris-Moore to hide since everyone in the country has seen his face on TV, and 2) even his friends will turn him in if they see him so that they, in turn, can receive notoriety for playing a part in the case.

I received a robocall from the Washington State Fraternal Order of Police today that really makes me wonder about the ethics of that organization.  While it is always annoying to receive an automated telemarketing sales pitch, this call was particularly offensive in that it offered to send or deliver a sticker for my car window if I made a donation.   Why would anyone offer you a sticker for your car?  Why not offer a sticker for your refrigerator, or home window, or lunchbox?  Well, what the Washington State Fraternal Order of Police is seemingly offering is the implicit promise that you would receive lenient treatment the next time you get pulled over for a traffic infraction.   Yuck.  That is pretty sleazy in my opinion, and I would hope that officers would not be swayed by such a sticker.  As a prosecutor, I always hoped that the police enforced speeding laws evenly and fairly.  Whenever I was pulled over, I would not identify myself as a prosecuting attorney to try to get out of a ticket.  That just seemed tacky.

When I checked out this Washington State Fraternal Order of Police “charity” online, I did not like what I saw. According to the listing with the Secretary of State, only 20% of any donation goes to program services.  Other police charities, such as Concerns of Police Survivors Inc. at 80%, have much higher levels.

I haven’t been the only person to complain about the Washington State Fraternal Order of Police, there is a site that tracks complaints on this group.

What do people think?  Am I missing something about this group?  Am I wrong about what the group implies by offering a sticker?  Does anyone know of a more reputable charity that people can donate to in order to support the police?

Under certain circumstances a person convicted of a crime can take steps to get the conviction off his or her record.   When this is achieved, the court orders police agencies and court clerks to change their records.   A problem arises in that private data collection companies are gathering conviction data through public records requests and maintaining and selling such records long after the conviction is vacated.  This is not fair to the individual who attempted to vacate, or expunge, or seal the record.

Private data collections, many of which advertise online, continue to sell criminal conviction data on records that courts have vacated or expunged.

Most court records on criminal cases are public.  Even juvenile court case files are typically open to public inspection.  The items in a criminal file that are not open to the public are such things as psychological evaluation, applications for appointed counsel, etc.  Typically, if a person has stayed out of trouble for a certain number of years, then they can apply to have their conviction vacated.  This is true of most misdemeanors (except DUI) and most low-level felonies.  A site that provides some guidance on how to seal and vacate convictions is www.courts.wa.gov.  The site also explains the process of a juvenile court expungement.  As you can see from the standard misdemeanor form provided, the court will order that: “For all purposes, the defendant may state that he or she has never been convicted of the offense listed….” Reading this, a person feels free to deny the existence of ever having such a conviction when they apply for a job.  Employers will often try to get applicants to list convictions that have been vacated or expunged.  Often an application will read as follows: “Have you ever been charged, convicted or admitted committing, or are you awaiting trial for any crime? You must answer “yes”, even if the matter was later dismissed, deferred vacated or expunged.”  A potential employer will often use public records searches to check for criminal convictions.  Searching an individual’s criminal history is not always very difficult.  Earlier this year, I wrote an article for Helium.com about criminal history searches.  A person need not be an attorney or lawyer to conduct such searches.  Searches through these traditional means will not typically turn up convictions that have been vacated or expunged.  The problem arises when criminal history searches are conducted through private data collection services.  The other thing that I  have found is that many times the criminal records that these private companies provide are inaccurate.  I worked as a defense lawyer on a court case in Stevens County last year and used an online service to run criminal history checks.  It turned out that when we checked the same individuals through the FBI, that the online service only had about half of the conviction data correct.

In my opinion, new legislation is needed to require that private data collection companies provide accurate records.  If an individual succeeds in vacating, sealing, or expunging his record, the online services should have an obligation to update their records as well.

Since I mentioned Helium.com, let me tell you a little more about that.  Helium is an online writers cooperative that also provides services for writers who also blog.  Visit that site or email Barbara Whitlock at  bwhitlock@helium.com for more information.  Helium is always looking for attorneys and other professionals with expertise to share to join their writer’s community.