|CHILD SEX OFFENSE
Child Sex Offense: A man retained me to represent his lifelong friend
arrested for child sexual abuse. The client was in jail, clearly
distraught and addicted to drugs. The State had photographic evidence.
We got him transferred from jail into a drug treatment program. We
obtained electronic home
monitoring while he lived with a friend. We had him evaluated by a sex
offender treatment professional, who found him to be an excellent
candidate for out-patient treatment. At our
request, and over the prosecutor's objection, the court granted him a
Special Sex Offender Sentencing Alternative (SSOSA): one year in jail and
outpatient treatment for up to five years instead of 15 or more years in
prison. Years later he has successfully completed treatment and remains
clean and sober.
Child Sex Offense:
After a client confessed to his clergyman that he had molested six
children, he retained me. I immediately had him evaluated for sexual
deviancy. Our expert found him appropriate for treatment. The law does
not permit a SSOSA for six separate charges. We investigated further and
negotiated. I challenged admissible evidence. I
persuaded the prosecutor to reduce some charges if the client would
plead guilty. After a highly charged sentencing hearing with many
community members for and against the treatment option, the court
granted a SSOSA. After local jail time, he returned to his family and
successfully completed treatment.
Child Sex Offense: In the course of a divorce, a toddler's mother
alleged that the father was molesting their daughter. The police
claimed to have obtained a sperm from the child's mouth. They arrested
and briefly jailed my client. Applying the best science and careful
observation over time, we persuaded the detective that the mother's
behavior was abusive. No criminal charge was filed. The court ultimately
awarded my client custody of his daughter.
Child Sex Offense -- CPS Investigations: A teacher conducted her own
"investigation" at school and believed my client's three children were
being sexually abused by their father. CPS interviewed the
children at school and ordered the father out of the home. The mother
retained me to protect the
children and see that a proper and impartial investigation occurred.
We obtained a child interview expert who was better qualified than the
prosecutor's. The prosecutor refused to video record child interviews.
The court approved our expert instead of the prosecutor's to interview
the children on video. When the State reviewed the videos, it agreed
there was no evidence of sexual abuse. No criminal charge was filed and
the family was reunited.
Child Sex Offense: A mother retained me to represent her 12-year-old
daughter, the alleged victim in a child molestation prosecution. The
child did not want to talk or testify about what happened to her. The
defense lawyer and the prosecutor asked the court to order her to
testify. I appeared and asked
the court not to add to the child's trauma. The court ordered that I
make my client available for a private interview with a CPS caseworker,
who would report back to the prosecutor. When the child continued
to refuse to discuss what happened, the prosecutor resolved the case
without the child testifying.
Child Sex Offense: I was retained by the son of a man who molested his
granddaughters, including my client's toddler daughter. My client wished
to protect his daughter, both from his father and from any intrusive
investigation by the authorities; and he wished his father to receive a
SSOSA, a treatment-based sentence. I negotiated with CPS to obtain an
age-appropriate interview of the child. I helped the client articulate
his wishes to the court that sentenced his father, resulting in a SSOSA.
Child Sex Abuse/PRP/ "Wenatchee Sex Ring": As a result of various
institutional abominations, many poor parents were falsely accused of
sexually abusing their children and sent to prison. As a volunteer with
The Innocence Project Northwest, we got eight counts of child rape and a
sentence of 40 years
vacated. The client accepted a plea to one count and credit for time
served. She was released. Her son, by then an adult and supposedly one
of her "victims," returned to live with her in another state.
Child Sex Abuse/PRP: A client had been convicted and had lost his
appeal. I reviewed the record and found the Court of Appeals had
violated its own procedures and the client's appeals lawyer had failed
to raise major issues. The Court of Appeals reinstated my client's
appeal, the State agreed the
sentence was five years too long, but the Court of Appeals reversed and
dismissed the convictions completely for violation of speedy trial. The
client was released from prison.
ISRB/Rape of a Child: A client who did not speak English retained me to
represent him with the ISRB to determine if he could be released after
serving his minimum term for child molestation. The Board does not
permit counsel to participate in these hearings. I presented his case in
the Board's criteria required release unless it could show more likely
than not he would commit another sex offense. We used DOC's risk
assessments to show he was low risk. The client maintained he was
innocent of the crimes. I attended the ISRB hearing but remained silent
The Board released him at his first hearing.
Child Sex Abuse: A client retained me after being sentenced to
prison. He had pleaded guilty understanding the prosecutor would
recommend a SSOSA. Instead, the prosecutor argued for prison at the
sentencing hearing. We appealed for violation of the plea agreement. We
won a new sentencing hearing in front of a new judge, who granted the
SSOSA. The client was released from prison.
Child Sex Abuse/PRP: A foreign-national client was convicted of
child rape. He lost his appeal. His friends retained me for a PRP. We
challenged the court conducting jury selection in private instead of in
open court. The Court of Appeals vacated the convictions. On remand, the
client obtained credit for time served and was returned to his home
country and family.
Child Sex Abuse: A 17-year-old client's parents came to me after
he pleaded guilty and was sentenced to prison. We moved for
reconsideration of the sentence. We obtained a new sex offender
treatment provider who was willing to work with the client if the court
would grant a SSOSA. Another child then accused my client of
molestation. The client could not honestly deny the accusation and did
not wish to put the child, a relative, through the trauma of a trial.
The client needed sex offender treatment as soon as possible, but the
prison system would not permit it until the end of his sentence -- many
I negotiated with the Department of Corrections to assign him to Twin
Rivers Corrections Center, where his parents paid for a private sex
offender treatment provider to visit him in prison and provide
treatment. This procedure kept the client in a safer treatment-oriented
prison population and got him the treatment he needed.