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Ethics Complaint Mike Fisher
Ethics Complaint Mike Fisher
ETHICS BOARD ETHICS COMPLAINT FORM Case No. ___________________ (Assigned by Board)
1. Please name the person alleged to have violated one or more provisions of the states ethics law (Chapter 42.52 RCW), and provide the following information, if known. If you are alleging that more than one person may have violated the states ethics law, file a separate complaint form for each individual. Name: Mike Fisher Everett City Prosecutor Work Phone: (425) 257-8700 Employing Agency: City of Everett Position or Title:
2. Explain why you believe that the individual name above may have violated the states ethics law. Be as specific as possible as to dates, times, places, and actions. Attach additional sheets of paper if the space provided below is not sufficient. A) Mr Fisher is prosecuting a case that has an affirmative action & has tricked me into presenting my whole criminal case when I was filing a motion for the return of my dogs in Superior Court he & Commissioner Wagonner both let me present my entire case without notifying me that I had 5th Amendment rights to not incriminate myself. I went through the WHOLE case then Comm Wagonner said that she was going to deny my motion because I had not filed a Motion for Petition but I did, actually there was 3 or 4 of them I had to give a copy to Everett AC, the prosecutor & drop one in a box for the Commissioner in the Snohomish County Clerks office, trust me I remember it because there was an attorney there who asked me if I had done all of the above & I said no so he helped me to tell me where who & when they were supposed to go. Now I know why he was grinning ear to ear. B) My Fisher is filing absolutely ridiculous Motions in Limine, saying on my blog I had 169 witnesses & was "bragging" about it but then he also attaches my actual witness list of the 23 people I had narrowed it down to, so... I am not a lawyer but the whole motion seemed frivolous in the fact that he already had my witness list unless somewhere in there I can sneak in 146 more somewhere somehow that i am not aware of. C) he is not providing any where near all of the discovery that has been requested all we are receiving is badly cut copied 7 pasted records, no lab results & only copies of black & white photos, most of which are missing & none of them are date stamped D) he is making statements on his motions like "A cycnical person might have to wonder if defendant was keeping her dog alive to garner donations" (I had a terminally ill dog they took from me & killed) no where does he have proof, of any such thing but he put that on his answer to petition & after Commissioner Wagonner just looked at me like I was the scum of the earth
E) Mr Fisher is saying that I can not contact him directly but yet he responds to me in emails, which is what I used to send out most of my discovery, & other discovery they have asked for, but he won't give me or my attorney the addtl. discovery. ( I am trying to represent myself pro se but the judge won't let me but that is another complaint) F) Mr Fisher knows this case has an affirmative defense, he did not file charges against me until 23days after they took my animals, & once I proved to him his "star" witness was a fraud, a forger, & mentally unbalanced, & that it was ME not her who fed all the Snohomish County prosecutors all of the info to close down the Rene Roske puppy mill because I was also working on the Kennewick puppy mill at the time. He also knows that I used to rescue dogs from the Everett Shelter who were all coming out injured, yet he remarks on his motions "Defendant fancies herself some kind of a dog rescuer" evidently the Everett shelter did too for a while until I made a stink about the injuries on all of the dogs. I have to wonder why I have been to court over 15 times, the court case has not even commenced yet & again I have an affirmative defense, numerous professional & character witnesses, so how is that the City of Everett can afford to prosecute a woman for sleeping in her car with her dogs & cat temporarally, who is trying to hang on to the last few precious moments of life with her dog at any cost, who had medication, who was not suffering, I understand why I am taking this so personally but I am not sure why the prosecutor is as well. This is malicious prosecution at it's core, I have butted heads with Everett AC for well over 9 years now, (Explanation included in the complaint against Officer Lorelie Trask) Please also note: I am not trying to be fresh by supplying rules you already know about I am trying to illustrate my reasoning for believing I have a reason to even file a complaint & which of those rules I believe were violated. G) I think that Mr Fisher & the entire Everett Judiciary HONESTLY believe they are above the law & have made several statements that they are a 1st classs city & they are not accountable to the Washington state constitution or it's RCW's when I pointed out that the Everett Municipal Code on animals is in direct conflict with Washington state RCW's & that Wa Constitutional law states explicetely that they can not make laws in conflict & he stated they are not bound by those laws, & to prove his point he offered RCW 35.01.010 RCW 35.22.010 RCW 35.22.280 & Everett Municipal Code 6.04.070 to prove his point when I presented the Everett Municipal Code, the Snohomish County Code of Ordinances, Washington State Ordinance 16.52 & the WAC Title 35... then he charged me with the whole ENTIRE NEGLECT & ABUSE CODE, So for standing up for myself I am punished even more? H) It has come to my attention that the City of Everett dropped 3 gross misdemeanor charges against the lady who is starting all this in exchange for her testimony against me for 1 misdemeanor. It can now be established that she filed the false complaint against me the day she got the 6 infractions to take the focus off of her. I) The city has spent well over 100,000.00 so far to prosecute me for a misdemeanor, for which I have been to court over 30 times now, I filed a Tort Claim against them & they immediately offered me a plea deal & the only part of the POD that was in bolded letters was the demand that I drop my Tort Claim. I am including a copy of the Tort Claim I filed with the understanding that I still had many more points to make in regards to things they had done wrong, laws they had broken & rules they ignored.
TABLE OF AUTHORITY1) RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense and, in connection with sentencing, disclose to the defense and to the tribunal all mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;(1) the information sought is not protected from disclosure by an applicable privilege; (2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and (3) there is no other feasible alternative to obtain the information; (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.Comment [1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4. [2] In some jurisdictions, a defendant may waive a preliminary hearing and thereby lose a valuable opportunity to challenge probable cause. Accordingly, prosecutors should not seek to obtain waivers of preliminary hearings or other important pretrial rights from unrepresented accused persons. Paragraph (c) does not apply, however, to an accused appearing prose with the approval of the tribunal. Nor does it forbid the lawful questioning of an uncharged suspect who has knowingly waived the rights to counsel and silence. [5] Paragraph (f) supplements Rule 3.6, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. In the context of a criminal prosecution, a prosecutor's extrajudicial statement can create the additional problem of increasing public condemnation of the accused. Although the announcement of an indictment, for example, will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid comments which have no legitimate law enforcement purpose and have a substantial likelihood of increasing public opprobrium of the accused. Nothing in this Comment is intended to restrict the statements which a prosecutor may make which comply with Rule 3.6(b) or 3.6(c). [6] Like other lawyers, prosecutors are subject to Rules 5.1 and 5.3, which relate to responsibilities regarding lawyers and nonlawyers who work for or are associated with the lawyer's office. Paragraph (f) reminds the prosecutor of the importance of these obligations in connection with the unique dangers of improper extrajudicial statements in a criminal case. In addition, paragraph (f) requires a prosecutor to
exercise reasonable care to prevent persons assisting or associated with the prosecutor from making improper extrajudicial statements, even when such persons are not under the direct supervision of the prosecutor. Ordinarily, the reasonable care standard will be satisfied if the prosecutor issues the appropriate cautions to law-enforcement personnel and other relevant individuals. [Amended effective September 1, 2006.]2) 16.52.207 Animal cruelty in the second degree. (1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. (4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2)(a) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.RCW 16.52.085 Removal of animals for feeding Examination Notice Euthanasia. (3) Any owner whose domestic animal is removed pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort to contact the animal's owner before removal. ***I was NEVER given any notice of any legal remedies available to me, I had to read pretty much the entire state's RCW's WAC's & Everett Municipal Codes on my own to find out (4) The agency having custody of the animal may euthanize the animal or may find a responsible person to adopt the animal not less than fifteen business days after the animal is taken into custody. A custodial agency may euthanize severely injured, diseased, or suffering animals at any time. An owner may prevent the animal's destruction or adoption by: (a) Petitioning the district court of the county where the animal was seized for the animal's immediate return subject to court-imposed conditions, or (5) If no criminal case is filed within fourteen business days of the animal's removal, the owner may petition the district court of the county where the animal was removed for the animal's return. The petition shall be filed with the court, with copies served to the law enforcement or animal care and control agency responsible for removing the animal and to the prosecuting attorney. if the court grants the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the owner. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter. (6) In a motion or petition for the animal's return before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in need of being restored to health. RCW 16.52.207 Animal cruelty in the second degree. (1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. (2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence: (a) Fails to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; (4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2)(a) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.
Everett Municipal Codes 6.04.070 Prohibited conduct. C. Offenses Relating to Cruelty. It shall be unlawful for any person to: 2. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, fail to provide an animal with sufficient good and wholesome food and a constant source of clear potable water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment; RCW 16.52.310 Definition (d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be regularly cleaned and sanitized. All enclosures must contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times. Snohomish County, Washington, Code of Ordinances >> Title 9 - ANIMALS Chapter 9.12 9.12.080 - Cruelty to animals. The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person, firm, or corporation to: (3) Neglect to provide adequate daily rations of food or water to any animal within his care, custody or control; West's Revised Code of Washington Annotated Currentness. Title 35. Cities and Towns. Chapter 35.27. Towns. 35.27.370. Specific powers enumerated Citation: WA ST 35.27.370 Citation: West's RCWA 35.27.370 Last Checked by Web Center Staff: 09/2010 Summary: This Washington statute provides that the council of said town shall have power to pass ordinances NOT IN CONFLICT with the Constitution and laws of this state, or of the United States. Specifically, the council may regulate, restrain, or prohibit the running at large of any and all domestic animals within the city limits, or any part or parts thereof, and to regulate the keeping of such animals within any part of the city; to establish, maintain and regulate a common pound for estrays, and to appoint a poundkeeper, who shall be paid out of the fines and fees imposed on, and collected from, the owners of any impounded stock. Statute in Full: The council of said town shall have power: (1) To pass ordinances NOT IN CONFLICT with the Constitution and laws of this state, or of the United States; (7) To impose and collect an annual license on every dog within the limits of the town, to prohibit dogs running at large, and to provide for the killing of all dogs found at large and not duly licensed; (16) To make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the town and its trade, commerce and manufacturers, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. 3. Disclosure. Pursuant to RCW 42.17.310(1)(e), information revealing the identity of persons who file complaints with investigative agencies other than the public disclosure commission, may indicate a desire for disclosure or nondisclosure if the complainant believes that disclosure would endanger his or her life, physical safety or property. The desires of the complainant govern disclosure. Please indicate your desire for disclosure or nondisclosure by checking the appropriate box and initialing. I indicate a desire for disclosure. Initials: B.T.
4. Attestation. I declare that the foregoing information is true and accurate to the best of my knowledge. Your Signature: Your Printed Name: Brandia Taamu Address: 16003 Hwy 99 Lynnwood Wa 98087 Daytime Phone: (425) 319-3298 Date: Please return this completed form to: Executive Ethics Board * 2425 Bristol Ct SW PO Box 40149 * Olympia, WA 98504-0149 If you have questions about this form, or would like to request the form in an alternate format for the visually impaired, contact the Executive Ethics Board at (360) 664-0871 or write us at the above address. We will take reasonable steps to accommodate your needs.Attach or make reference to any documents or other evidence that may support your allegations. Also provide the names and addresses (if known) of any witnesses or persons who may have knowledge of facts that support your allegations
Here is my claim with a portion of the laws they have broken as well as some of my basis for claims:
GENERAL LIABILITY CLAIM Pursuant to Chapter 4.96 RCW, this form is for filing a tort claim against the City of EVERETT. Information requested on this form is required by RCW 4.96.020 and may be subject to public disclosure. Claim forms cannot be submitted electronically (via email or fax). PLEASE TYPE OR PRINT IN INK Mail or deliver :TO CITY CLERK 2930 Wetmore Ave. Ste. 1-A Everett, WA 98201 Original claim to: CITY HALL CLAIMANT INFORMATION 1. Claimants Name: Taamu, Brandia Alida Marea 2) Date of Birth: 07/29/1964 3) Current residential address: Lynnwood Wa 98087 4) Residential address on the date of the incident (if different from current address) 6404 Highland Dr. Everett Wa 5) Claimants daytime telephone number: (425) Home/Business Phone (425) 6.Claimants e-mail address: [email protected] INCIDENT INFORMATION 7. Date of incident: 01/06/2011 Time: Approximately 10 a.m. 8. If the incident occurred over a period of time, date of first and last occurrences: from 01/04/2011 Time: 11 a.m to 01/06/2011 Time: approximately 10 a.m. (LATEST OCCURANCE) PLEASE NOTE: I am still waiting for other records regarding run-ins I have had with Officer Trask over almost a decades time 9. Location of incident: 6404 Highland Dr. Everett Wa 10. If the incident occurred on a street or highway: Not Applicable 11.Agency or department alleged responsible for damage/injury: (1) CITY OF EVERETT LAW ENFORCEMENT; (2) CITY OF EVERETT ANIMAL CONTROL CARE AND CONTROL AUTHORITY; and (3) CITY OF EVERETT LAW ENFORCEMENT & ANIMAL CARE AND CONTROL PERSONNEL INDIVIDUALLY, AND AS AGENTS FOR CITY OF EVERETT,AND (4) OTHER MUNICIPAL /STATE ACTORS, INCLUDING THE STATE OF WASHINGTON
12. Names, address and telephone numbers of all persons involved in or witness to this incident: 1) City of Everett Prosecutor Mike Fisher 425- 257- 8406 2930 Wetmore Ave. Ste. 10-C Everett, WA 98201 2) Commissioner Tracy Waggoner 425-388-3778 3000 Rockerfeller Ave Everett Wa 98201 3) Animal Control Agent Shannon Delgado 425-257-6000 333 Smith Island Rd Everett, WA 98201 4) Animal Control Agent Lori Trask 425-257-6000 333 Smith Island Rd Everett, WA 98201 5) Animal Control Agent Ingrid Weaver 425-257-6000 333 Smith Island Rd Everett, WA 98201 6) City of Everett Vet Lisa Thompson 425-257-6000 333 Smith Island Rd Everett, WA 98201 7) Counseleman Gipson 425-257-8703 2930 Wetmore Ave. Ste. 9-A Everett, WA 98201 Mayor Ray Stephanson 425-257-7115 2930 Wetmore Ave. Ste. 10-A Everett, WA 98201 9) James Iles 425- 257- 8406 2930 Wetmore Ave. Ste. 10-C Everett, WA 98201 13. Names, addresses and telephone numbers of all CITY OF EVERETT employees & Officials having knowledge about this incident: AC Officer Delgado (Contact info above) AC Officer Trask (Contact info above) AC Officer Weaver (Contact info above) AC Officer Harner Everett Police Officer Sutherland Counselman Gipson Mayor Ray Stephenson City of Everett Attorney James Iles 14. Names, address and telephone numbers of all individuals not already identified in #12 and #13 above that have knowledge regarding the liability issues involved in this incident, or knowledge of the Claimants resulting damages. Please include a brief description as to the nature and extent of each persons knowledge. Attach additional sheets if necessary. 15. Describe the cause of the injury or damages. Explain the extent of property loss or medical, physical or mental injuries. Attach additional sheets if necessary.
IN LEGAL TERMS Unlawful taking conversion & destrustion as well as forfeiture of personal property without due process of law, and without compensation, by the City of Everett and its agents under the Color of Law; violation of state and federal laws including 42 USC 1983 by the City of Everett and its agents; violations under Washington state and U.S. constitutions; race, gender and age discrimination under state and federal laws by the City of Everett and its agents; discrimination under the federal ADA and parallel state law by City of Everett and its agents. Claimaint has suffered unlawful racial discrimination and intimidation, as indicated in the attached reports by agents of the City of Everett in enforcement of its municipal ordinances. Claimant has suffered severe emotional distress, physical injury and financial damage in the market value and her investment in the sentient personalty seized and/or destroyed, transferred or otherwise disposed of by defendants. The claimant has suffered damages in intrinsic value in a sum to be determined at trial. Claimant/guardian/owner of the animals has suffered severe impact regarding events leading up to, and since, the animals were detained, injured, or killed by the wrongful and grievous intentional acts of the City of Everett and its agents including loss of companionship, and emotional distress including mental anguish. Claimant has suffered as a result of unlawful, discriminatory, and intentional policies and enforcement actions of the wrongdoers in the intrinsic value of the pets. Claimant has been damaged in that the City of Everett has a standard policy and practice which violates the rights of taxpayers and citizens, and others similarly situated, through unconstitutional and unlawful actions, errors and omissions, which result in the intentional and improper enforcement of its municipal codes and other state and federal laws. As well as outrageous violations of most of our states court rules & codes of ethics. IN LAYMANS TERMS In 2002 I moved into the City of Everett with a pit bull terrier & an AC agent harrassed us mercilessly, so much so that I gave my dogs away because I feared for their lives, because this woman had actually WALKED INTO OUR HOUSE on several occasions In 2009 I was rescuing terriers from the Everett Shelter that were ALL coming out injured or maced, just because your city has BSL doesnt give you or any of your agents the rights to abuse them, so I complained & surprise they stopped me from pulling after complaints from Ms Trask In 1/4/2011 Ms Trask came to a residence where I was temporarily residing part time & we had a confrontation once again, on 1/6/2011 she showed up with a warrant & took all of my animals without giving me a citation or giving me a chance to rectify any situation she saw unfit. She did not leave the warrant or a list of my legal options as required by law, because evidently YOU DONT HAVE any such forms. At which point they disallowed me from coming into see my animals or letting my vet come & check them out further destroying any defense I had as to their health. On 1/11/2011 in violation of my cultural & religious beliefs your city vet disemboweled my terminally ill dog after
killing him they cut out all of his internal organs & PUT STICKY NOTES ALL OVER THEM. They have also refused to give me back his body, & didnt inform of his death until the next month. They are still withholding the dogs or any visitations with them, they have them farmed out all over the county & wont give me any staus reports so EVERY DAY, EVERY NIGHT I have to wonder if they are dead or alive, safe or not. Your own codes are directly in CONFLICT with Wa state RCWs & the only response from the City prosecutor was that Everett was a first class city & you made the rules & didnt have to acknowledge the state or US constition either: REALLY??? One also has to wonder WHY the City of Everett attorney wrote a brief for court defaming me in direct violations of court rules as well as 3.8 Special rules of a prosecutor. Why did he take time out of his busy city schedule to write a statement about a woman sleeping in her car? So you have taken my property without a forfieture hearing as REQUIRED BY BASHINGTON STATE & CONSTITUTIONAL LAW. You are not above the laws of the land you do not make up your own laws as you go along, you are only granted your very right to existance by the kindness of the state you so heartily disregard. Ms Trask is OBVIOUSLY a very prejudiced woman, I put an ad on Craigslist asking for others who had trouble with her & surprise all of them were ALSO minorities I have been to court on 23 seperate occasions, you have violated about 5 different Constitutional Amendments, as well as state law & numerous codes of ethics & if you believe for one single solitary moment I will go away & shut up you are absolutely mistaken. I wrote to Counsilman Gipson as well as Mayor Stephenson & both ignored me which I take as DIRECT CONDONEMENT of this behavior. Now as the final blow they have disallowed everyone on my witness list from rescuing animals from the everett Shelter & just recently killed a puppy who had rescue & sanctuary outside of the county, showing further your bloodlust for innocent lives with your unconstitutional & antiquated breed specific legislation which I have several agencies looking into, I mean really: Who kills a puppy to get back at me for complaining about mistreatment at YOUR shelter? Havent YOU noticed that 94% of the time when you seize someones property & they take it appeals you are always ruled against? Why you continue to break the law & disregards RCWs is beyond me, I can send you every one of the case files from the appeals courts f you need a subtle reminder. I have almost killed myself, I had myself admitted into a psych ward for this nonsense, those animals were my life, they have been with me more than 5 yrs most of them, I am about ready to take this to every newspaper in this state, to let them know how YOU use & abuse tax dollars & citizens. Not only did your agents take my animals, & destroy them but the person YOU have chosen to represent YOUR shelter & your city actually laughed at me when I was crying for my animals, it is against the law for you to keep me from them but it is your policy. Do you know that the Rutherford Institute is working with myself & my attorney on all of these matters, an institution that gets 1000s of requests every day is taking on my cause because it so blantently laughs in the face of the law & the Constitution that even they had to step in & do something, they have a current pool of 15 attorneys that I have to choose from to take this case, some of which have offered to do it for free
16. Has this incident been reported to law enforcement, safety or security personnel? If so, when and to whom? No 17. Names, addresses and telephone numbers of treating medical providers. Attach copies of all medical reports and billings. I reserve comment on this until this goes to court, to a jury, you will have discovery in time for court though. 18.Please attach documents which support the claims allegations. See Attached.. A) 3 DIFFERENT REPORTS STATING THAT I AM A THIN NATIVE AMERICAN WOMAN FROM OFFICER TRASK AS WELL AS REPORTS FROM OTHER OFFICERS WHO DIDNT FEEL THE NEED TO DESCRIBE ME AS SUCH & FROM THE RESPONDING POLICE OFFICER WHO ALSO DIDNT NEED TO POINT OUT MY BODY WIEGHT OR ETHNICITY B) STILL TRYING TO OBTAIN RECORDS FROM MY PAST EXPERIENCES & HARASSMENT FROM OFFICER TRASK OVER ALMOST A DECADES TIME PERIOD C) NUMEROUS SLANDEROUS EMAILS FROM THE COMPLAINANT ABOUT ME & THE RELEASE OF PERSONAL INFORMATION ABOUT MYSELF & MY ANIMALS WHICH WERE NOT TRUE D) REPORT FROM OFFICER WEAVER & OFFICER TRASK MAKING FALSE STATEMENTS ATTRIBUTED TO SOMEONE WHO DOES NOT EXIST FOR A TIME PERIOD THAT DID NOT EXIST E) CHARGING PAPERS WHICH SLANDERED ME, & ATTACKED MY CHARACTER F) PHOTOS WHICH WERE OBVIOUSLY SLANTED TO MAKE ME LOOK BAD. (TAKING PHOTOS OF 3 SIDES OF MY CAR & THE BACK & LEAVING OUT THE FOURTH SIDE WHICH CLEARLY SHOWED I HAD SUFFICIENT FOOD & SUPPLIES FOR MY ANIMALS G) FRIVOLOUS MOTIONS OF LIMINE FROM INFORMATION GLEANED FROM MY PUBLC BLOG REQUESTING I BRING IN ALL OF THE 169 PEOPLE WHO OFFERED TO TESTIFY ON MY BEHALF AFTER I HAD ALREADY GIVEN THE PROSECUTOR A WITNESS LIST OF 23 PEOPLE I HAD NARROWED IT DOWN TO 19.I claim damages from the City of EVERETT in the sum of $ 4,750,000 FOUR MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS. (which will be itemized shortly before court as well which will also include my list of demands/requests) The Claimant must sign this claim form unless he or she is incapacitated, a minor, or a nonresident of the state, in which case it may be signed on behalf of the Claimant by any relative, attorney, or agent representing the Claimant.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. ____________________________________ _____________________________________________ (Signature of Claimant) (Date and place (residential address, City and County) CC: Counsel, EJN, PDD INSTRUCTIONS FOR General Liability Claim Please be advised that improperly filed Tort Claims will be rejected. Before filing a Tort Claim, please read these instructions and the Tort Claim forms in their entirety. Type or print clearly in ink and sign the Tort Claim form. If you are incapacitated, a minor or a nonresident of the state, a relative, attorney or agent may sign on your behalf. Provide all requested information and any available documents or evidence supporting your claim, such as medical records or bills for personal injuries, photographs, proof of ownership for property damages, receipts for property value, etc. If the requested information cannot be supplied in the space provided, please use additional blank sheets so your claim can be easily read and understood. The following are examples on how to complete the Tort Claim Form: 1. Smith, Karen Michelle 2. 1234 College Way NW, Apt. 56, Seattle WA 98178 3. PO Box 910, Seattle WA 98178 4. Same 5. (206) 123-4567 6. 8:00 a.m., August 9, 2004 7. If the incident that caused the damages occurred over a period of time, please provide the beginning time and the ending time in item 7. 8. Washington, Thurston, Tumwater, Campus of South Puget Sound Community College, Building number 22. 9. I-5, Southbound, Milepost 109, near the Martin Way Exit 10. Washington State Department of Transportation, Highway 11. Smith, Thomas Arthur, 1234 College Way NW, Apt. 56, Seattle WA 98178 (360) 456-3456; Tow Truck Driver, Nisqually Towing 12. Unknown 13. List all other witnesses having knowledge of the incident in question, with their names, addresses, and telephone numbers that are not listed within items 11 and 12. Also include a description of their knowledge. For example, if your sister was with you, when the alleged incident occurred, please include her name, address, telephone number, and indicate she witnessed the incident. 14. Please provide all of your medical providers with their names, address, telephone
numbers, and the type of treatment. If you were treated for a personal injury, please include your medical records and bills. 15. Please describe the incident that resulted in the injury or damages, specifically answering the questions who, what, where, when and why. 16. If you reported this incident to law enforcement, safety, or security personnel, please provide a copy of the report or contact information to the person you spoke with. 17. Please provide the dollar amount for your damages, including your time loss, medical costs, property damage loss, etc. This amount should represent your opinion of total compensation. POLICE MISCONDUCT RESOURCE GUIDE WHAT IS POLICE MISCONDUCT Police misconduct refers to brutality, corruption or other objectionable actions like It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. 241, 242). Color of law simply means that the person doing the act is abusing power given to him or her by a governmental agency (local, State, or Federal). HOW TO FIGHT BACK AGAINST POLICE MISCONDUCT If you feel your rights have been violated, make sure to document the incident. There is never an excuse for the police to abuse you. Police officers can and do make mistakes. In this respect, they are no different than you or I. And it is for this reason that they must also be held accountable when their actions take them beyond their scope of privilege as a sworn officer of the law. The area of law concerning police misconduct involves situations like excessive force, false arrest and malicious prosecution. These are the most common cases that are filed in the Court System. Police officers are trained to make split-second decisions under the most stressful of situations, yet it is in those situations where countless people have found themselves victims of police misconduct. You can file a complaint with the internal affairs department, or a tort claim with the city or county where the abuse took place. You can write letters to the editors of community papers; the idea being that this will help bring attentionto the issue, and possibly alert members of your community to what is happening. Its also important to support your community members when needed. When something happens in your community show up at Board of Supervisors meetings, City Council meetings, and at the Police Commission meetings; they listen when people are in numbers. If you witness someone being abused by the police, write down as much information as you can: badge numbers, car numbers, names, and uniform types. BECOME A COMMUNITY ACTIVIST. EDUCATE YOURSELF AND YOUR COMMUNITY ABOUT YOUR RIGHTS You can take what you learned and then help teach others of their rights. Its important to network with people who have had similar experiences and have community meetings. You can always volunteer at a local organization that is working on these issues and find
a way to start your own. The more community awareness the better. HOW/WHERE TO FILE COMPLAINTS Everyone has the right to access a departments grievance process without harassment or obstacles. You should be able to pick up a complaint form in person or have it mailed to you. A complaint can be filed at any time after your incident. You want to keep in mind that there could be a risk of retaliation and also you dont want to do anything to impede your criminal case and have it result in being played out longer than you would want it to. . Malicious Prosecution A malicious prosecution claim asserts that the officer wrongly deprived the victim of the Fourteenth Amendment right to liberty. To win this type of claim, the victim must show four things: 1) the defendant police officer commenced a criminal proceeding; 2) the proceeding ended in the victims favor (that is, no conviction); 3) there was no probable cause; and 4) the proceeding was brought with malice toward the victim. As with false arrest, this claim will fail if the officer had probable cause to initiate criminal proceedings. 42.20.040 False report. Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor. 42.20.050 Public officer making false certificate. Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which he knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor. 42.20.080 Other violations by officers. Every officer or other person mentioned in RCW 42.20.070, who shall wilfully disobey any provision of law regulating his official conduct in cases other than those specified in said section, shall be guilty of a gross misdemeanor. 42.20.110 Improper conduct by certain justices. It shall be a misdemeanor for any judge or justice of any court not of record, during the hearing of any cause or proceeding therein, to address any person in his presence in unfit, unseemly or improper language. 42.23.070
Prohibited acts. (4) No municipal officer may disclose confidential information gained by reason of the officers position, nor may the officer otherwise use such information for his or her personal gain or benefit. 42.52.020 Activities incompatible with public duties. No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officers or state employees official duties. 42.52.050 Confidential information Improperly concealed records. (1) No state officer or state employee may accept employment or engage in any business or professional activity that the officer or employee might reasonably expect would require or induce him or her to make an unauthorized disclosure of confidential information acquired by the official or employee by reason of the officials or employees official position. (2) No state officer or state employee may make a disclosure of confidential information gained by reason of the officers or employees official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another(3) No state officer or state employee may disclose confidential information to any person not entitled or authorized to receive the information. 42.52.160 Use of persons, money, or property for private gain. (1) No state officer or state employee may employ or use any person, money, or property under the officers or employees official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another. 42.52.330 Interpretation. By constitutional design, the legislature consists of citizen-legislators who bring to bear on the legislative process their individual experience and expertise. The provisions of this chapter shall be interpreted in light of this constitutional principle. 42.52.460 Citizen actions. Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the
appropriate ethics board and the attorney general that the person will commence a citizens action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice. If the person who brings the citizens action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys fees incurred. If a citizens action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys fees incurred by the defendant. Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendants conduct complied with this chapter and was within the scope of employment. 42.52.900 Legislative declaration. Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage. The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the publics interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should. The obligations of government rest equally on the states citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support. All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens. 526 State v. Boehning May 2005 127 Wn. App. 511 ANALYSIS
Prosecutorial Misconduct [1]19 We begin our discussion with an obvious truism: Every prosecutor is a quasijudicial officer of the court, charged with the duty of insuring that an accused receives a fair trial. State v. Coles , 28 Wn. App. 563 , 573, 625 P.2d 713, review denied , 95 Wn.2d 1024 (1981); State v. Huson , 73 Wn.2d 660 , 663, 440 P.2d 192 (1968), cert. denied , 393 U.S. 1096 (1969). We hold that the prosecutors misconduct in this case violated that duty, both in the closing argument and in the presentation of evidence. [2]20 In order to establish prosecutorial misconduct, Boehning must show that the prosecutors conduct was improper and prejudiced his right to a fair trial. State v. Dhaliwal , 150 Wn.2d 559 , 578, 79 P.3d 432 (2003). Prejudice is established where there is a substantial likelihood the instances of misconduct affected the jurys verdict. Dhaliwal , 150 Wn.2d at 578 (quoting State v. Pirtle , 127 Wn.2d 628 , 672, 904 P.2d 245 (1995), cert. denied , 518 U.S. 1026 (1996)). [3, 4]21 Boehning did not object to the prosecutors questioning and arguments below. A defendant who fails to object to an improper remark waives the right to assert prosecutorial misconduct unless the remark was so flagrant and ill intentioned that it causes enduring and resulting prejudice that a curative instruction could not have remedied. State v. Russell , 125 Wn.2d 24 , 86, 882 P.2d 747 (1994), cert. denied , 514 U.S. 1129 (1995). In determining whether the misconduct warrants reversal, we consider its prejudicial nature and its cumulative effect. State v. Suarez-Bravo , 72 Wn. App. 359 , 367, 864 P.2d 426 (1994). [5, 6]23 We review a prosecutors comments during closing argument in the context of the total argument, the issues in the case, the evidence addressed in the argument, and the jury instructions. Dhaliwal , 150 Wn.2d at 578 ; State v. Brown , 132 Wn.2d 529 , 561, 940 P.2d 546 (1997), cert. denied , 523 U.S. 1007 (1998). A prosecutor has wide latitude in closing argument to draw reasonable inferences from the evidence and to express such inferences to the jury. State v. Hoffman , 116 Wn.2d 51 , 94-95, 804 P.2d 577 (1991). However, a prosecutor may not make statements that are unsupported by the evidence and prejudice the defendant. State v. Jones , 71 Wn. App. 798 , 808, 863 P.2d 85 (1993), review denied , 124 Wn.2d 1018 (1994). 134 Wn. App. 907, Sept. 2006 State v. Perez-Mejia DISCUSSION Prosecutorial Misconduct 30 In closing argument, the prosecutor appealed to the jurys passions and prejudices, urging jurors to base a guilty verdict on a goal of sending a message to gangs or taking part in a mission to end violence, rather than returning a verdict based upon a consideration of the evidence properly admitted in the case. The majority of this improper argument followed a timely objection interposed by Soto-Rodriguezs counsel. The trial court overruled this objection and, thus, no curative instruction was given. We conclude that the prosecutors improper argument irreparably damaged the fairness of the trial and diminishes our confidence in the verdict reached. As a result, Soto-
Rodriguezs conviction must be reversed and a new trial held. [1-3]31 Prosecutors have a duty to seek verdicts free from appeals to passion or prejudice. State v. Belgarde , 110 Wn.2d 504 , 507, 755 P.2d 174 (1988); State v. Echevarria , 71 Wn. App. 595, 598, 860 P.2d 420 (1993).7Accordingly, a prosecutor engages in misconduct when making an argument that appeals to jurors fear and repudiation of criminal groups or invokes racial, ethnic, or religious prejudice as a reason to convict. Belgarde , 110 Wn.2d 504 . Likewise, inflammatory remarks, incitements to vengeance, exhortations to join a war against crime or drugs, or appeals to prejudice or patriotism are forbidden. State v. Neidigh , 78 Wn. App. 71 , 79, 895 P.2d 423 (1995).8In closing argument, a prosecuting attorney has wide latitude to draw and express reasonable inferences from the evidence. State v. Hoffman , 116 Wn.2d 51 , 9495, 804 P.2d 577 (1991). However, a prosecutor may never suggest that evidence not presented at trial provides additional grounds for finding a defendant guilty. State v. Russell , 125 Wn.2d 24 , 87, 882 P.2d 747 (1994) (citing United States v. Garza , 608 F.2d 659, 663 (5th Cir. 1979)). 7This principle is one of long standing. Almost three decades ago, our Supreme Court explained: In presenting a criminal case to the jury, it is incumbent upon a public prosecutor, as a quasi-judicial officer, to seek a verdict free of prejudice and based upon reason. As we have stated on numerous occasions, the prosecutor, in the interest of justice, must act impartially, and his trial behavior must be worthy of the position he holds. Prosecutorial misconduct may deprive the defendant of a fair trial. And only a fair trial is a constitutional trial. State v. Charlton , 90 Wn.2d 657 , 664-65, 585 P.2d 142 (1978). 8Federal courts addressing these issues have likewise held that it is improper for a prosecutor to urge the jury to view this case as a battle in the war against drugs, and the defendants as enemy soldiers, Arrieta-Agressot v. United States , 3 F.3d 525, 527 (1st Cir. 1993), that the constitution prohibits appeals to racial, ethnic, or religious prejudice, United States v. Cabrera , 222 F.3d 590, 594 (9th Cir. 2000), and that it is improper for a prosecutor to direct the jurors desires to end a social problem toward convicting a particular defendant. United States v. Solivan , 937 F.2d 1146, 1153 (6th Cir. 1991) (reversing based on prosecutors call to send a message to drug dealers, notwithstanding curative instruction given by trial court). 125 Wn. App. 895, State v. Jungers Court of Appeals: Holding that the prosecutor committed prejudicial misconduct at trial by attempting to elicit opinion testimony as to the defendants guilt and by arguing stricken credibility testimony to the jury, and that the trial court erred by denying the defendants motion for a mistrial based on the prosecutorial misconduct, the court reverses the judgment and remands the case for further proceedings. Pattie Mhoon , for appellant . Gerald A. Horne , Prosecuting Attorney, and John M. Sheeran , Deputy, for respondent . 1 HUNT , J . Lisa D. Jungers appeals her conviction for unlawful possession of
methamphetamine. She argues (1) the trial court erred in admitting evidence seized during an illegal search of probationer Michael Hodgkins residence, (2) the prosecutor committed misconduct in eliciting and arguing inadmissible opinion evidence, and (3) the trial court abused its discretion in denying Jungers motion for a mistrial based on prosecutorial misconduct. Holding that the search and seizure were legal, we affirm the trial courts ruling that the methamphetamine was admissible. Holding further that prosecutorial misconduct required a mistrial, we reverse. ANALYSIS PROSECUTORIAL MISCONDUCT 17 Jungers argues (1) the prosecutor committed misconduct by eliciting inadmissible credibility testimony and arguing stricken credibility testimony to the jury, and (2) the trial court erred by denying her motion for a mistrial based on this prosecutorial misconduct. A. Standard of Review [1]18 A criminal defendants right to a fair trial is denied when the prosecutor makes improper comments and there is a substantial likelihood that the comments affected the jurys verdict. State v. Reed , 102 Wn.2d 140 , 145, 684 P.2d 699 (1984). Such is the case here. Screws v. United States, 325 US 91, 108 (1945). This section was before us in United States v. Classic, 313 U.S. 299, 326, where we said: Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken `under color of state law. Screws v. United States, 325 US 91, 109 (1945). For it was abuse of basic civil and political rights, by states and their officials, that the Amendment and the enforcing legislation were adopted to uproot. The danger was not merely legislative or judicial. Nor was it threatened only from the states highest officials. It was abuse by whatever agency the state might invest with its power capable of inflicting the deprivation. In all its flux, time makes some things axiomatic. One has been that state officials who violate their oaths of office and flout 117*117 the fundamental law are answerable to it when their misconduct brings upon them the penalty it authorizes and Congress has provided. Screws v. United States, 325 US 91, 116-7 (1945) Mr. Justice Rutledge, concurring in the result. It is not open to question that this statute is constitutional. . . [It] dealt with Federal rights and with all Federal rights, and protected them in the lump . . . United States v. Mosley, 238 U.S. 383, 386, 387. Screws v. United States, 325 US 91, 119 (1945) Mr. Justice Rutledge, concurring in the result. Separately, and often together in application, 19 and 20 have been woven into our fundamental and statutory law. They have place among our more permanent legal achievements. They have safeguarded many rights and privileges apart from political ones. Among those buttressed, either by direct application or through the general conspiracy statute, 37 (18 U.S.C. 88),[24] are the rights to a fair trial, including freedom from sham trials [including sham Collection Due Process Hearings] ; to be free from arrest and detention by methods
constitutionally forbidden and from extortion of property [by threat of levy, lien, or lockdown letters] by such methods; from extortion of confessions; from mob action incited or shared by state officers; from failure to furnish police protection on proper occasion and demand; from interference with the free exercise of religion, freedom of the press, freedom of speech and assembly;[25] and 127*127 the necessary import of the decisions is that the right to be free from deprivation of life itself, without due process of law, that is, through abuse of state power by state officials, is as fully protected as other rights so secured. Screws v. United States, 325 US 91, 126-7 (1945) Mr. Justice Rutledge, concurring in the result. They simply misconceived that the victim had no federal rights and that what they had done was not a crime within the federal power to penalize.[30] That kind of error relieves no one from penalty. Screws v. United States, 325 US 91, 128 (1945) Mr. Justice Rutledge, concurring in the result. RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense and, in connection with sentencing, disclose to the defense and to the tribunal all mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutors action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule Comment [1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal
prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4. [2] In some jurisdictions, a defendant may waive a preliminary hearing and thereby lose a valuable opportunity to challenge probable cause. Accordingly, prosecutors should not seek to obtain waivers of preliminary hearings or other important pretrial rights from unrepresented accused persons. Paragraph (c) does not apply, however, to an accused appearing pro se with the approval of the tribunal. Nor does it forbid the lawful questioning of an uncharged suspect who has knowingly waived the rights to counsel and silence. [6] Like other lawyers, prosecutors are subject to Rules 5.1 and 5.3, which relate to responsibilities regarding lawyers and nonlawyers who work for or are associated with the lawyers office. Paragraph (f) reminds the prosecutor of the importance of these obligations in connection with the unique dangers of improper extrajudicial statements in a criminal case. In addition, paragraph (f) requires a prosecutor to exercise reasonable care to prevent persons assisting or associated with the prosecutor from making improper extrajudicial statements, even when such persons are not under the direct supervision of the prosecutor. Ordinarily, the reasonable care standard will be satisfied if the prosecutor issues the appropriate cautions to law-enforcement personnel and other relevant individuals. RCW 16.52.085. Notice requirements after removal of personal property by authorities is provided in paragraph (3). After removal of animals, notice must be provided by posting, personal service or certified mail and the owner must be provided written notice of the reasons for removal in this notice and legal remedies available to the owner. RCW 69.50.505 Washington states civil forfeiture act was adopted to protect people from having their property wrongfully seized by the government. In Guillen v. Contreras (Sup. Ct. En Banc. No. 82531-9 (9/2010), amicus notes that an owner has the right to resist the taking of any of his property regardless of market value. Amicus Br. At 8, cf Guillen v. Contreras, Sup. Ct. En Banc, No. 82531-9 (9/9/2010). A citizen has the right to object to seizure, even if temporary, of his personal property no matter the market value. Forfeitures of personal and real property are not favored in the law and very specific procedures must be followed.by government officials and its agents when seizing property, including animals. If statutory procedures are not followed, the property was illegally seized and a person is lawfully entitled to possession thereof. Unless the seized property is needed for evidence, the petitioners are not the rightful owners, the property is contraband, or the property is subject to forfeiture pursuant to statute, the seized property must be returned. RCW 69.50.505(a)(2). Notice must be given within 15 days of seizure. RCW 69.50.505(c). If the property is
personal property, one claiming an interest in it then has 45 days to respond, and if a response is made, a hearing must be held. RCW 69.50.505(d), (e). Washington States forfeiture statutes are exclusive. Unless statutory procedure are followed, a Washington court cannot order forfeiture and must release the petitioners property. A court does not have inherent authority to forfeit property. See, State v. Alaway, 64 Wn. App. 796, 828 P.2d 591, p. 3 (4/2/92). RCW 16.52.207 (4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2) (a) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendants failure was due to economic distress beyond the defendants control.