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Friday, September 21, 2012

City Attorney Asks Court to Reconsider Conviction in Contentious Jaywalking Case

Posted by on Fri, Sep 21, 2012 at 5:42 PM

First off, Goddamn the City Attorney's Office for sending out a press release at 5:09pm on a Friday. They're all swell people (hearts and butterflies, Kimberly!) but seriously: Goddamn them to Hell.

Now then, the news: City Attorney Pete Holmes is asking the Seattle Municipal Court to expunge a March 2010 jury decision convicting Donald Fuller of obstruction. The charge stemmed from a 2009 jaywalking incident allegedly escalated by Fuller (according to police). But for the past week, the full force of public scrutiny has been on the police department's Office of Professional Accountability (OPA), which seemingly improperly cheerleaded Fuller's prosecution after he filed misconduct charges against his arresting officers.

To recap, Fuller was allegedly jaywalking in downtown Seattle, was stopped, questioned, Tased (for allegedly resisting arrest), and subsequently arrested by police in March 2009. In April of that year, Fuller filed an officer misconduct complaint with the police department's OPA, which investigates complaints against officers. Fuller contended that during the jaywalking stop, he felt racially profiled and harassed. However, instead of investigating the complaint, an OPA officer contacted the City Attorney's office and advocated to have charges brought against Fuller—charges that the City Attorney's office had already declined to pursue.

Nevertheless, after the OPA's urging, Fuller was charged with one count of a misdemeanor assault and one count of obstructing a law enforcement officer—a move that the Seattle Human Rights Commission and others have said appears retaliatory. In March 2010, Fuller was acquitted of the assault charge but found guilty of obstruction.

"There was no prosecutorial misconduct in this matter, and I strongly disagree with any suggestion to the contrary," writes City Attorney Pete Holmes in a statement explaining his decision to ask a court to expunge the charge. "However, when he filed his OPA complaint, Mr. Fuller was entitled to rely in good faith on OPA’s policy that “[f]iling a complaint does not affect other civil or criminal proceedings.” As a former member of the OPA Review Board, I understand that it is vitally important for the community to know that neither OPA nor any other arm of law enforcement will retaliate when individuals exercise their rights to complain about police misconduct.

"I am taking this action because it is crucial that the public have full faith and confidence in both OPA and the criminal justice system. The CAO will continue to work to build the public’s trust in this system.”

It'll be up to a Municipal Judge to decide whether or not to wipe the charge from Fuller's record. TGIF.

 

Comments (10) RSS

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DOUG. 1
And what will happen to the OPA officer who advocated for Fuller's prosecution?
Posted by DOUG. http://www.dougsvotersguide.com on September 21, 2012 at 6:09 PM
Eric Arrr 2
Sgt. Caryn Lee is her name.

I had the same experience with Sgt. Lee as Fuller did: after I was illegally arrested (-- with video to prove my innocence --) I complained to OPA and my case landed on Sgt. Lee's desk. But instead of admitting misconduct, the city prosecuted me and withheld the tapes that showed I was innocent.

My case cost the city a lot of money in the end.

So, yeah -- I wouldn't trust Sgt. Lee to investigate a blown fuse.

Major kudos to Pete Holmes for doing the right thing here.
Posted by Eric Arrr on September 21, 2012 at 6:52 PM
3
"There was no prosecutorial misconduct in this matter."

Is there any evidence for this statement? Is the prosecutor's office in the habit of simply doing whatever OPA officers urge them to do? Shouldn't prosecutorial discretion have allowed the prosecutor to drop the charge of obstruction in the first place? If the city attorney's office truly wishes to avoid the appearance of misconduct, perhaps it should be their policy to regard referrals from OPA officers with a bit more skepticism.
Posted by geekgirl on September 21, 2012 at 11:24 PM
4
Knowing the details of this city's sausage making would be enough to make most people run out the door at 5pm and grab the strongest drink available. Thanks for sticking around and publishing this.
Posted by jcodybaker on September 21, 2012 at 11:38 PM
Eric Arrr 5
@3,

IMO, yes, there was definitely misconduct here, and what with it having occurred on the watch of Holmes' predecessor, it would be convenient if he could just admin misconduct, blaming it on the Tom Carr regime. But as the city's lawyer, doing so would put Holmes in dutch with many of his clients in city leadership.

For my money, there is a memo on still-warm paper in Diaz' inbox that basically says "This must never, ever, ever happen again, unless the complainant confesses to a crime, in which case, have a Lieutenant call me personally. Your lawyer, Pete."
Posted by Eric Arrr on September 22, 2012 at 12:23 AM
Eric Arrr 6
(@3 again, also take notice of Holmes' careful wording, "no prosecutorial misconduct." See what he did there?)
Posted by Eric Arrr on September 22, 2012 at 12:27 AM
7
And so now EVERY arrestee in the City will routinely make an IIS complaint, thus ensuring that they will not be charged by Pete Holmes' office.
Posted by Belltown Bob on September 22, 2012 at 10:57 AM
8
Office of Professional Accountability (OPA), which seemingly improperly cheerleaded Fuller's prosecution after he filed misconduct charges against his arresting officers.

Again, and most sadly, this is indicative of a useless Mayor McGinn and a completely corrupt S(lacker)PD, which became this way most decidedly after Norm Rice appointed that sleazoid, Fitzsimons, to position of police chief.

And this is why millions are paid out each and every year in lawsuits and/or out-of-court settlements, robbing the Seattle and its citizenry of taxpayer funding, etc.

And just think of the day they get their hands on those drones.......
Posted by sgt_doom on September 22, 2012 at 11:25 AM
9
@5, Eric, there should be a resignation from Diaz and a sgt named Lee in McGinn's inbox.
Posted by sgt_doom on September 22, 2012 at 11:28 AM
seandr 10
Pete Holmes doing the right thing.
Posted by seandr on September 22, 2012 at 11:54 PM

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