Showing posts with label Spokane. Show all posts
Showing posts with label Spokane. Show all posts

Monday, April 15, 2013

Closing Arguments

From the Inlander:

Up in the attic of the Spokane County Public Defender’s office, longtime director John Rodgers roams the packed rows of archived case files, passing thousands of old court records filled with underdog tales, painful rulings and hard-fought justice.

Since his first days in law school, Rodgers has always found himself drawn to the stories behind the case numbers. When a new file comes across his desk, he will often flip first to the “facts” section just to read the colorful background information on the case.

“Sometimes it’s so depraved you wonder what the hell’s going on,” he says of the stories. “Other times, somebody will do something so noble it’ll bring tears to your eyes. … You just never know.”

Sporting round spectacles and a thick mustache, Rodgers, 61, has long served as a passionate advocate for defendants who cannot afford legal representation. He has spent more than 35 years practicing defense law in Spokane, overseeing the county’s public defender operations for the past decade.

The Spokane County Bar Association recently named Rodgers as the 2013 recipient of its most prestigious honor, the Smithmoore P. Myers Professionalism Award, named for the renowned U.S. magistrate judge and former dean of the Gonzaga University School of Law. The award will be presented at a banquet next week.

On the heels of that honor, Rodgers has announced he plans to leave the Public Defender’s office at the end of this year. He loves the law and he loves the stories, but he says he’s ready for a new chapter.

As director of the Public Defender’s office, Rodgers oversees 56 attorneys and 27 support staff members, including paralegals, investigators and administrative employees. The office handles thousands of indigent criminal and civil cases each year on an annual budget of about $8.4 million.

But Spokane County’s top public defender almost became a bookkeeper. Raised in a conservative family on the South Hill, Rodgers went on to major in accounting and literature at the University of Washington. He says he only discovered his love of the law by happenstance.

“Figured I’d end up cooking the books for some corporation eventually,” he says with a shrug. “I applied to law school because I didn't get an accounting job.”

While attending law school at Gonzaga, Rodgers first joined the Public Defender’s office as a volunteer in the mid-1970s. He stayed on after graduation for several years before starting his own private practice in 1993. He returned to the Public Defender’s office as director in 2003.

Rodgers says the core mission of a public defender remains the same as any defense attorney. Regardless of payment or politics, they must provide the best legal defense possible for their clients.

“It isn’t different because I work for the government,” he says. “It isn’t different because my client is poor. It’s exactly the same. … My job is to see that my client’s rights are scrupulously honored.”
Rodgers has argued hundreds of cases throughout his career, defending clients in several difficult death penalty cases as well as a notorious 1997 federal case against a group of anti-government militia members accused of bombings and bank robberies throughout the region. His colleagues describe him as fair-minded and hardworking.

Spokane Superior Court Judge James Triplet, a longtime friend, says Rodgers has always shown compassion and integrity when representing his clients.

“John always works hard to find out what’s been going on in their lives,” Triplet says. “He cares about those people and what they've been through.”

Full article can be found here.

Wednesday, September 26, 2012

Feds Join Shooting Probe

From the Spokesman Review:


A man charged with attempted second-degree murder in connection with a shot targeting three black youths was ordered held in jail Tuesday as federal authorities also indicated that they would investigate the shooting as a possible hate crime.
Jimmy J. Blackburn, 29, pleaded not guilty before Superior Court Judge Sam Cozza, who ordered Blackburn to remain in custody on a $500,000 bond. Cozza set Blackburn’s trial on the three attempted murder charges for Nov. 19.
Blackburn was arrested Sept. 13 as Spokane police officers converged at the Days Inn, at 120 W. Third Ave., to investigate the shooting of Paul A. Haney, 33, who was found dead in the parking lot.
According to court records, investigators believe Kevin M. Heaton, 35, is responsible for that shooting and remains on the loose. Heaton had paid for the room in which Blackburn was found at the Days Inn, but the court records don’t indicate whether Blackburn had any involvement in the Haney shooting.
Outside the hotel, however, investigators found a red 2012 Rocketa Sicily moped that was linked to a shooting the day before near 33rd Avenue and Thor Street.
In that case, three black youths were walking on 33rd Avenue at 4:20 p.m. on Sept. 12 when they heard a white man yelling racial slurs at them. That man was later identified as Blackburn, according to court records.
Blackburn challenged them to fight. “At this time, (Blackburn) asked the victims, ‘Have you guys ever had a gun pointed at you?'” according to court records.
Blackburn then walked over to the moped – which had been reported stolen earlier that day – and grabbed a locked pistol box, the records say. Unable to open it, Blackburn threw it on the ground several times until it opened.
According to one of the boys, Blackburn “pointed the handgun” at them and said “they could have a six second head start before he shoots them,” court records state. Blackburn then began yelling for someone named “Suicide” to come out of the house at 3304 E. 33rd Ave.
Full article can be found here.

Tuesday, September 11, 2012

“A Criminal Justice System for Spokane That Works"


The Smart Justice Campaign Presents

“A Criminal Justice System for Spokane That Works"

Douglas B. Marlowe, J.D., Ph.D.
Thursday∙ September 13, 2012 ∙ 6:30 pm ∙ FREE
The Bing Crosby Theater  ∙  901 W. Sprague Ave.

Dr. Marlowe will describe what alternatives to incarceration and other programming have been proven to be more effective than incarceration in reducing crime, and how these Smart Justice programs could benefit Spokane County.

For more information contact:
Anne Martin - anne@spokaneprogress.org 
Julie Schaffer - jschaffer@cforjustice.org

Wednesday, October 20, 2010

Too Many Teeth?

Police Guild’s Unfair Labor Practice complaint slams city for giving ombudsman independent investigatory and reporting powers.

The Spokane Police Guild’s filing with the state’s Public Employment Relations Commission (PERC) alleges that the new powers of independence added to the city’s two year old Office of Police Ombudsman violate state labor law. A copy of the filing was obtained earlier today.

The August 20th complaint filed with the PERC specifically accuses the city of interfering with guild members’ collective bargaining rights and for refusing to engage in collective bargaining on a subject the Guild asserts is a mandatory matter of collective bargaining.

But this is where the three page complaint gets interesting because the subject matter that the Guild believes the recently adopted ordinance infringes upon is officer discipline–a function that under the literal terms of the offending ordinance is directly precluded with the following language: “The OPO [Office of Police Ombudsman] shall not have a role in any disciplinary matter.”

Apparently, the Guild believes the new powers given the office to initiate investigations independent of the police department, and issue reports on specific complaints independent of the police department, among to giving the office a role in officer discipline.

Indeed, there is much in the Guild’s complaint that drafters of the new ordinance and the citizen organizations who supported it, accept as true, including:

“Disciplinary procedures are a mandatory subject of bargaining,” and that: “Disciplinary procedures impact mandatory subjects of bargaining.”

But the allegations encompass, as a settled fact, that giving the OPO powers beyond the mere certification of internal police department investigations, goes over the line into officer discipline.

“The City made a unilateral change in its disciplinary procedures,” the complaint alleges, “by expanding the powers of the OPO and changing the requirements to which the OPO was subject, without providing the Guild an opportunity to bargain the change or the effects of the change, which constitutes a refusal to bargain with the Guild in violation of [state law.]”

In its complaint, the Guild asserts that “on or about June 14, 2010″–two weeks before the new ordinance was adopted–”the Guild demanded to bargain the changes in the ordinance that constituted mandatory subjects of bargaining and that impacted (sic) mandatory subjects of bargaining.”

In retrospect, though, the ordinance as it existed on June 14th was quite a bit weaker in terms of the OPO’s investigative powers, than the version of the ordinance that was adopted two weeks later. But, still, there were at least three clear clauses in the new ordinance that make clear that the chief, not the OPO, is solely in charge of discipline.

In many respects, the litany of the offending changes cited by the Guild could be taken from the literature of those who advocated for those changes, in that they reveal just how dominated the original ordinance was with language that rendered the OPO a mere bystander to the police department’s internal affairs (IA)investigations.

For example, the complaint charges: The [June 28th] ordinance permits the OPO to conduct an independent investigation if the OPO “is not satisfied with the decision of the mayor” [to accept an IA investigation as adequate]. Previously, the decision of the mayor was final and the OPO did not have authority to conduct an independent investigation.”

Although the complaint asserts that the OPO now has a role in officer discipline, it does not describe what that role is. Proponents of the new ordinance, including the Center for Justice, maintain that the independent reporting powers the office now has are duties that can be assigned to the office within the city’s managerial discretion, and because the OPO is directly precluded from being involved in officer discipline, there has been no infringement upon the collective bargaining agreement and/or state rules.

–CFJ

Tuesday, October 12, 2010

Goodnight John Clark


Spokane says goodbye to John Clark, a local defense attorney, always willing to stop and help a young public defender navigate the choppy waters of municipal court. I tried my first felony case with him (not guilty on first degree burglary and firearms charges), and he was someone who was never to busy to answer a question or give a word of advice. He was a fearless and honorable advocate for the underdog and believed in never letting them see you sweat. He will be missed.

Thursday, September 3, 2009

In a ruling that avoids a criminal justice migraine for Spokane, the state Supreme Court Reverses Appeals Court on Judicial Jurisdiction Case.

In a 9-0 decision published this morning, the Washington Supreme Court has reversed a state court of appeals panel’s conclusion that a Spokane County district court judge had no right to decide local, municipal court cases. The complicated ruling reinstates the convictions of Lawrence Rothwell and Henry Smith who, with the Center’s assistance, had appealed their 2005 convictions in proceedings before Spokane District Court Judge Patti Walker.

The reach of today’s opinion goes well beyond the convictions of Rothwell and Smith. Had the Supreme Court upheld the appeals court ruling, it would have called into question virtually every conviction in Spokane County over a fourteen year period in which district court judges, like Walker, had ruled on prosecutions of Spokane municipal code violations. Thus, today’s ruling spared the city the ordeal of possibly retrying countless cases, at a cost that may have reached into the millions of dollars for city taxpayers.

“We are thrilled with the outcome in this case,” said Spokane Mayor Mary Verner, upon learning of the court’s unanimous decision. “This is a win for the City and its taxpayers.”

Still, the obvious silver-lining in the Rothwell/Smith litigation for both sides is Mayor Verner’s decision, in the wake of the court of appeals ruling, to forge ahead and create a separate Municipal Court for city cases as the law, currently, requires. The new municipal court opened for business in January of this year and, by all accounts, has proven a remarkable success with three new appointed judges. Candidates for the three positions will go to Spokane city voters in this fall’s election.

Full article here.

Tuesday, June 23, 2009

Client in Court Makes a Run For It - What Would You Do?

From our friends over at Arbitrary & Capricious:

"From the Spokesman-Review:

Municipal court brawl leads to arrest

A brawl that began when a man tried fleeing a courtroom this morning ended with the man, a deputy and three attorneys falling onto a bench of bystanders, according to the Spokane County Sheriff’s Office.

Micah W. Hasselstrom, 34, ran when Spokane Municipal Court Judge Tracy Staab ordered him jailed with increased bail after he said he didn’t plan on appearing in court again, a news release said.

Hasselstrom’s public defender, Tony Tompkins, grabbed his leg to hold him in place as Deputy John Pederson tried handcuffing him, and a struggle ensued... Public defenders Francis Adewale and Andy Hess joined the struggle, and the group fell onto the bench, knocking a 68-year-old woman to the floor...

There's a lively discussion taking place in the Washington criminal defense bar over the lawyers' actions in essentially effecting an arrest, roughly dividing into "respect the client - let him be free to make his own mistakes" and "protect the client - let him be free at least from a new felony escape charge." Myself, I think I'd go hands-off, but not having been in a moment like that, I'm hard-pressed to second-guess. "

Monday, June 22, 2009

Spokane Police Officer Karl Thompson on Administrative Leave

The US Attorney’s Office announced this afternoon that the Federal Grand Jury has indicted Karl Thompson on Civil Rights violations of excessive force and making false statements during an investigation.

"I believe in seeking the truth and trust our criminal justice system to do just that," said Chief Kirkpatrick. 

Due to policy and procedure, Ofc. Thompson has been placed on temporary paid administrative leave. The next stage is governed by a city policy which requires the City Administrator to determine Ofc. Thompson’s status pending the outcome of the criminal trial.

Sunday, March 15, 2009

No Settlement in Spokane Civil-Rights Case

From the Seattle Times:

A federal civil-rights suit against the city of Spokane and nine of its police officers says Otto Zehm died three years ago when officers used batons and Tasers in a display of excessive force on the unarmed, passive, mentally ill man who wanted to buy a soda.

The lawsuit was filed Friday by the Center for Justice after negotiations with city attorneys failed to produce a settlement, a plan for changes in how police deal with mentally ill people or an apology.

The suit says the Police Department and its former acting chief, Jim Nicks, engaged in a conspiracy to portray Zehm as the aggressor after the 36-year-old janitor's encounter in 2006 with Officer Karl Thompson and other officers in a convenience store.

Zehm's death two days later was ruled a homicide by the medical examiner.

Police Chief Anne Kirkpatrick and Nicks declined to comment and referred questions to the city attorney. Kirkpatrick said earlier that Thompson had her "unequivocal support" for the way he handled the encounter with Zehm.

Full article here.

Friday, June 27, 2008

City of Spokane Public Records Request

Public records requests take about 90 days to process without a subpeona. The completed form can be sent to:

Spokane Police Records Division
Public Safety Building 1100 W. Mallon
Spokane, WA 99260

Phone number: (509) 625-4030
Fax number: (509) 625-4059

Thursday, June 26, 2008

Deaconess Medical Center - Record Requests

Deaconess Medical Center contracts with Secure Health Information to provide copies of medical records.

The cost of copies is as follows:
1-9 pages = No charge
10-30 pages = $28 per page
31tpages = $.67 per page
Postage and tax (8.6%) will be charged when applicable.