Case, Staff, Community & Intern News
Case News:
Compassionate Release Granted!
Our 51-year old client, serving his sentence at Lompoc FCI, was granted compassionate relief on August 2, 2022. Client had been sentenced to five years in prison for possessing a firearm in furtherance of a drug trafficking crime and was scheduled for release next August 2023. The FPD team—Chief Appellate Attorney Vicki Lai, Seattle investigator Debra Malcolm, rising 3L Seattle University legal intern Lauren Butrim, and Seattle paralegal Suzie Strait—argued in their compassionate relief motion that the client’s father’s need for his caretaking constitute an extraordinary and compelling reason for relief despite the presence of other family members. The court, noting the client’s exemplary behavior in prison, agreed and reduced his sentence to time-served. Client will be returning home to his grateful wife, father, children and grandchildren. Congrats to our client and to his devoted defense team!
Evidentiary Hearing Success!
Senior Litigator Dennis Carroll, Seattle paralegal Janet Stanton, and Seattle investigator Debra Malcolm represented a client who faced revocation of his supervised release after the client had been shot four times in an unprovoked shooting by an unknown suspect. The shooting took place in the entryway of a building in the International District and was captured on security video. The government alleged that the video showed Mr. W pass off an item to a friend that had the characteristics of a handgun, as he was being helped out of the building. The client was not alleged to have used the alleged firearm in any way, but his possession of a firearm would be a violation of his supervised release conditions. The government played the video at the evidentiary hearing. The Honorable Richard A. Jones found that the government had proven, by a preponderance, that a firearm was handed off, but that the government did not prove that it was Mr. W who handed the gun off. The Court noted that it was too difficult to tell which person (the client or the people who helped him) had actually passed the gun to someone else. Wonderful outcome for Mr. W and great work by his defense team!
Appellate Win!
Mr. G was stabbed in a random attack; as he rushed in his car to the hospital he hit a bicyclist. The government sought to revoke his supervised release based on the theory that he committed vehicular assault. But rather than present the eyewitnesses to the collision, the government presented only the officer who took the bystanders’ statements. A supervisee has a due process right to confront witnesses unless the government’s interest in not bringing those witnesses outweighs the supervisee’s need to confront them. Here, the government offered no reason for not bringing the witnesses except the pandemic, a concern that could have been handled through remote testimony. The district court nevertheless allowed the hearsay testimony and found Mr. G in violation of supervised release. The Ninth Circuit reversed that decision, finding that Mr. G’s due process rights had been violated. Former Tacoma AFD Christian Izaguirre argued the appeal; assisting on the brief were Seattle AFD Greg Murphy and research and writing attorney Alan Zarky. Congrats to Mr. G and his tenacious defense team!
Case Dismissed!
The government charged Mr. K with assaulting an off duty guard outside the social security office. Seattle AFD Greg Murphy and legal intern Jared Rothenberg moved to suppress evidence and pressed the case to trial, securing a dismissal of all charges just days before the trial was scheduled to begin. Wonderful outcome for our client and great work by his defense team!
FPD Team Secures Release of Client Illegally Detained!
Mr. M could not be deported because the U.S. does not recognize the government that controls the country of Mr. M’s birth, and because he has no legal right to live anywhere else. Nonetheless, ICE held Mr. M in an immigration prison for eight months while it tried to deport him to another country, and agreed to release him only after the FPD’s office filed a petition challenging the constitutionality of Mr. M’s imprisonment. Our immigration detention team consists of Seattle AFDs Greg Murphy and Sara Brin, and Seattle paralegal Charlotte Ponikvar and Tacoma paralegal Julie Valencia. Congrats team!
Case Dismissed!
No case is too small to merit the efforts of our intrepid defense teams. Our client was recorded taking items on a surveillance camera on federal property. When questioned by loss prevention, our client invoked her right to an attorney. Our office was appointed to represent this client because, although shoplifting may seem like a very simple theft, the legal consequences can include imprisonment. Seattle AFD Mohammad Hamoudi organized a defense team with Seattle paralegal Charlotte Ponikvar, Tacoma paralegal Julie Valencia, and legal interns Abigail Gellman and Jared Rothenberg, who applied all of their energy to the case, working it up as much as any case, regardless of seriousness of the consequences. Abigail and Jared significantly assisted in developing Fourth Amendment and Miranda issues including developing defenses for trial. Abigail created cross-examination questions, was ready to sit at counsel’s table and assist the attorney with case presentation and voir dire. Jared and Abby provided the ammunition on for the pretrial briefing. They interviewed the client, built rapport with her, and according to Hamoudi, “just did a bang-up job.”
Trial briefing was prepared, and an evidentiary motion was set to be heard on August 30, 2022, following quick-fire briefing prepared at the Court’s request. Trial was scheduled to begin on September 1. After reading the briefing, the government dismissed the case in exchange for a 75 dollar bailable ticket. Computer System Administrator (CSA) James Miller put in extra hours to make sure that the team had all of the exhibits and video files prepared to be ready for trial. The client was ecstatic, and, thanks to the defense team, does not have a conviction for theft on her record. Congrats all!
Staff News:
Maritza Pitot has been promoted to Case Management Assistant!
Maritza Pitot goes above and beyond for our clients and colleagues – all while opening new cases, corresponding with clients, downloading discovery, and keeping track of the daily comings and goings of Tacoma staff. Since 2018, Maritza has been key to countless behind-the-scenes improvements in our Tacoma operations – from digitizing archived cases to translating phone/voicemail scripts to Spanish. Incredibly generous with her gifts, time, and spirit, Maritza regularly assists with Spanish interpretation and also helped plan the inaugural GRIT training, a workshop to energize, elevate, and educate women in public defense. We are fortunate to have Maritza as part of our team and thrilled to see her take on more case management responsibilities!
Rebeca Hernandez has been promoted to Clerical Assistant!
Rebeca’s compassion and kindness have been at the heart of our Seattle operations since September 2020 when she joined our office as a temporary receptionist. Rebeca took to the fast pace of public defense with lighting speed and came onboard full-time last summer. Essential to our team, Rebeca helps our clients navigate the criminal legal system, connecting them with their attorneys and case team members, on some of the most stressful days of their lives. She is diligent, organized, and innovative – adopting new processes and technologies that streamline our front desk operations – and has provided critical assistance and insight to office-wide projects from hiring new staff to revising our office manual. We are excited to see Rebeca bring her energy and perspective to the Clerical Assistant position!
FPD Investigator Awarded Outstanding Federal Defender Investigator of the Year
On August 16th, our Chief Investigator Stacey Brownstein was awarded the Outstanding Federal Defender Investigator of the Year award. The award is given annually to an investigator who has distinguished herself working on behalf of clients and in pursuit of the defender mission, and has the following experience and qualifications:
1. A substantial number of years of service in the defender program.
2. Extensive investigative experience, including projects involving complex and novel issues.
3. Well respected by fellow investigators and other support staff.
4. Brings diverse talents to the job; stays current with developments in the field.
5. Regularly volunteers to assist colleagues.
6. Always treats clients with dignity and respect.
7. Excellent reputation in the criminal defense community.
8. Devotes time to defense related issues or service to the poor outside of regular work schedule.
Stacey is a leader in the investigator community and this award is well deserved.
Congratulations from all of her colleagues and friends!
While our staff has been busy in the office and the courtroom this summer, we also took as many opportunities as possible to spend time together outside!
-On July 15th, some of us gathered at Marymoor Park for local favorites, the Fleet Foxes! It was a great time had by all.
-On August 11th, a handful of staff came together to watch the Tacoma Rainiers play ball and celebrate a family member’s birthday! The hot dogs were plentiful and the fly balls abundant!
-On August 19th, many of us gathered at former Federal Defender Tom Hillier’s house to spend time together outside the office. The food was top notch and it was a wonderful time had by all who were able to attend! Thank you to all who helped plan and organize this event!
Intern News:
Congratulations to 2021-2022 MSW intern Haley Brunner. They accepted a job as a Mitigation Specialist at the King County Department of Public Defense (DPD). Haley is excited to start their career in public defense, congrats Haley!