Case, Staff, Community, Client & Intern News
Case News:
Client Acquitted of Damaging Government Property!
The government charged our client with destroying government property and trespassing in an Army training area on Joint Base Lewis McCord (JBLM) property that is open to the public during the day with a pass. They alleged he dumped a pile of wood that looked like a deck. The officers detained our client after they saw him driving his van out of a narrow dirt and rock trail in a remote area. They accused him of dumping materials but he told them he reports dumping anonymously on a website. They didn’t believe him and didn’t bother to check. The officers let him go and claimed they followed wet tire tracks that ended at the wood pile. They didn’t take any pictures or otherwise document their investigation with objective evidence and claimed that Army policy prevents them from exercising best practices to collect evidence.
The government claimed this wood pile actually destroyed government property for a number of reasons: a soldier could have stepped on it and been injured, the paint and treatment from the wood could have damaged the soil and groundwater, and it cost money to remove the wood.
A few issues with their theories: no one was actually injured (and people aren’t government property), a defense expert on soil and groundwater damage forced the government to pass on their environmental harm theory, and the government never bothered to collect the wood as evidence so they did not know if they ever paid money for it to be cleaned it up.
The jurors acquitted our client of damaging government property but found him guilty of trespassing. We will appeal the trespass conviction. Amazing and relentless work by Seattle paralegal Janet Stanton, Seattle investigator Chevy Echeverria and Seattle AFD Greg Geist.
Client is Granted a New Sentencing!
When the sentencing judge denied a sentence reduction for acceptance of responsibility because a client went to trial, Seattle AFD Greg Murphy appealed that decision to the Ninth Circuit Court of Appeals. The Court of appeals agreed that the judge erred, and ordered a new sentencing hearing. Thanks to Tacoma Research & Writing Specialist Alan Zarky and Seattle AFDs Dennis Carroll, and Anne Wagner for assisting.
Preliminary Hearing Win!
Seattle AFD Andy Kennedy, with ample assistance from AFDs Vanessa Pai-Thompson, Dennis Carroll, and Greg Geist, achieved a remarkable result for a client at a preliminary hearing. In preparation for the preliminary hearing, the team discovered that the statute with which the client had been charged had been ruled unconstitutional by the Ninth Circuit. Andy presented that issue to the court at the hearing and, because dismissal of the charges was imminent, the government instead had to amend the charges to include different charges that had not been ruled unconstitutional. Although the client was not able to avoid prosecution entirely, this result shows that the team at the Office of the Federal Public Defender for the Western District of Washington is always looking for creative ways to zealously advocate for their clients and ensure that the government is following the law.
Significant Victory on Washington State Forfeiture Law
Mr. J was convicted as a courier in drug distribution scheme. Through valiant efforts of his defense team – which included Tacoma paralegals Amy Strickling and Julie Valencia, Tacoma investigator Mike Stortini, a Tacoma Assistant Federal Defender, Research and Writing Attorney Alan Zarky, and case management assistant Maritza Pitot – Mr. J. received a sentence of two years, about one-third of his Guidelines range, and well below the ten-year mandatory minimum that he originally faced. After serving his sentence, Mr. J. was deported to Mexico.
The City of Kent had seized Mr. J’s car, which was used in the offense, and sought to forfeit it. His legal team, with outstanding assistance from Ms. Strickling, challenged the forfeiture on the ground that it violated the Excessive Fines Clause of the Constitution, urging that an Excessive Fines analysis had to consider the impact on Mr. J personally, especially that the car was his sole asset. They lost in their administrative contest and in Superior Court, but won in the Washington Court of Appeals, in a decision that is likely to have major significance in other forfeiture cases against clients with minimal assets.
The City unsuccessfully sought review in the Washington Supreme Court, and its petition for certiorari in the United States Supreme Court was recently denied. As a result, Mr. J will receive from the City a total of $3500, the approximate value of the car, which will help him start life anew in Mexico. Mr. J. was very pleased with this result, and has extended an open invitation to his legal team to visit him in Mexico, where he promises a fantastic meal. Congrats to Mr. J and his hard working defense team!
Staff News:
The Federal Public Defender Welcomes Six New Hires!
On September 26, 2022, our offices welcomed six new staff. Please meet our new co-workers!
Colleen Fitzharris (she, her) is happy to be returning to the Pacific Northwest to “serve her hometown” of Seattle. She joins us from the Eastern District of Michigan where she has been an AFD for the last four years and a Researc and Writing Attorney for two years before that. Colleen is known for her creative and collaborative work representing clients at the trial-level and on appeal. Colleen will be working out of our Seattle office
Joanna Martin (she, her) is joining us from the Federal Defender of San Diego, following what has become a well-trodden path of talent from there to the WDWA. In the three years she has been there, Jo has proven to be a tireless and compassionate advocate driven by many aspects of her work including “the incredible and resilient clients, the cruelty of the system working against you, the collaboration and camaraderie, and the certainty that yours is the good fight.” Joanna will be working out of our Tacoma office
Liz Sher (she, her) interned in our office more than a decade ago, and Dennis was clearly an amazing mentor. She has worked for the last decade doing public defense work in King County and is known for her passion and tenacity. She is excited to “continue the fight and advocate for clients in federal court.” Since I know you will ask, her adorable baby’s name is Leela. Liz will be working out of our Tacoma office.
Cindy Stewart (she, her) is an extremely experienced paralegal who previously worked with attorneys Phil Thornton and Leslie Tolzin. She is a member of the Choctaw Nation of Oklahoma and has recently been working as an advocate and spokesperson for Puyallup and Chehalis tribal members in tribal court cases. One of her reference letters was from a client in a death penalty case who described himself as a person with “no family and friends,” a “skinhead no one liked,” who would constantly “rant and rave and complain” to Cindy. Through all that, her kindness, compassion and attention to detail made a huge difference in his case and his life. Cindy will be working out of our Seattle office.
Mahkaea Jackson-Sams (she, her) started her career at the Multnomah Defenders as a paralegal working on misdemeanor and felony cases. She has been a criminal defense investigator since 2018 and has been an instrumental team member at KCDPD working on cases ranging from juvenile and misdemeanors to complex Class A felonies. She is described as a tenacious and creative investigator who is wholeheartedly dedicated to her clients and the fight against our oppressive and unjust criminal legal system. Mahkaea lives in the Seattle area with her two Boston Terriers, Cholula and Hermie. Mahkaea will be working out of our Seattle office.
Megan Blumm (she, her) has joined us from the Federal Public Defender, California, Eastern. In college, Megan majored in Criminal Justice with a minor in Computer Forensics, and among other pre-paralegal jobs worked at a digital forensics and investigations firm analyzing cell phone and computer data. She has been an assistant paralegal at the Defender office in Sacramento since 2019, and shared in her application that “it is an honor and a privilege” to be “fighting to ensure that clients are fairly represented with the best defense for their cases.” Megan will be working out of our Seattle office.
To welcome our new staff, we gathered for their swearing in:
TECM
Paralegals Carolynn Cohn, Patricia Stordeur, and Julie Valencia along with Seattle AFD Vanessa Pai-Thompson attended Techniques in Electronic Case Management this month in Minneapolis, MN. This training was hosted by the Defender Services Training Division and the National Litigation Support Team. Carolynn Cohn was invited to participate as a NLST Trainer for her in depth knowledge of Adobe Acrobat tools. Working in a small group workshop setting, they worked with a sample case to learn advanced techniques for processing volumes of information efficiently and productively using such tools as Adobe, dtSearch, Casemap, and Cellebrite Reader.
They then graduated to using these tools to quickly process discovery in a pending case of their own. Plenaries focused on strategies for approaching discovery review with a “defense theory lens” and by working backwards once you have set a specific goal. While there is no single program that will do everything we need to prepare the defense of a federal criminal case, a broad knowledge of the tools available allows us to apply the right tool to each problem.
Community News:
FPD clients from Western Washington are often sent across the nation to serve their time in custody. This can present a real barrier to release planning, leaving clients unaware of the community resources available to them upon release in their home district.
Senior U.S. Probation Officer Ana Johnson and FPD social worker Daniel Potter-Engelskirger partnered with the Bureau of Prisons (BOP) to host the first ever nation-wide virtual resource fair for clients of our district. 12 BOP institutions participated and over 20 community agencies logged on to give brief presentations about the services they offer and communities they serve.
We would like to give a big thanks to staff from the following agencies and programs who donated their time to connect directly with our clients. These partnerships are invaluable for supporting our clients as they successfully transition from incarceration back into our community.
DSHS Division of Child Support
South Seattle College
Edmonds Community College
WELD Works
Liuna
WorkSource
PACE
SeaMar
Union Gospel Mission, Men’s Recovery Program
US Department of Veterans Affairs, Veterans Justice Outreach and Healthcare for Reentry
Veterans Program
Sunrise Centers
WA State Department of Veterans Affairs, Incarcerate Veteran Reintegration Services Program
Ideal Option,
AAHAA Supportive Housing
Arms Around You
WELD
Peer Seattle
Underground Ministries, One Parish One Prisoner
Elizabeth Gregory Home
Kate’s House Foundation
Oxford House
Downtown Seattle Association, Metropolitan Improvement District
Pioneer Roadmap to Success
MOD Pizza
Farestart
U.S. Attorney’s Office
Pioneer Human Services, Residential Reentry Center
Washington State Department of Corrections
Client News:
One of our clients, Rhonda Hawkins, is making waves in the baking world! She is a proud graduate of The Pastry Project, a 14-week baking a pastry training course. The program teaches students all of the necessary skills to produce high quality breads, cookies, cakes, tarts, cream puffs and more. The program is free to participants and prepares them to enter the baking workforce after graduation. And Rhonda is no exception, she has gone on to become a successful baker at a reputable Seattle bakery.
Rhonda’s talent hasn’t gone unnoticed, and one of her original recipes has now been published on the Darigold website. If you are looking to do some baking this weekend, maybe you’ll consider Rhonda’s Espresso Caramels - Darigold!
Intern News:
Please Welcome our Four New Legal Interns and our New Social Work Intern!
Legal Interns:
Ayla Kadah:
I grew up in Damascus, Syria but moved to Seattle in 2012. Over the past decade, I have found an adoptive home in Washington state and accumulated experiences that have shaped the kind of lawyer I want to be: one that shares power with clients, values their lived experiences, and advocates zealously for their interests. Prior to law school, I executed a community-led response to the federal administration’s Muslim Ban, helped elect two progressive women of color to public office, and directed two statewide coalitions that expanded civic access among historically disenfranchised communities. During my time as a legislative aide to Washington State Senator Rebecca Saldaña, I served constituents navigating eviction, deportation, and criminal legal proceedings. As co-chair of the Washington Voting Rights Restoration Coalition, I partnered with incarcerated individuals and the Black Prisoners Caucus to advance voting justice policies and address cruel and inhumane conditions in Washington prisons.
My work in law school has largely centered on supporting those impacted by the criminal legal system. I spent my 1L summer at the Promise of Justice Initiative’s Unanimous Jury Project conducting interviews, drafting mitigation memos, and filing dozens of writs on behalf of clients convicted by Louisiana’s non-unanimous juries. As a student advocate in the Race and Justice Clinic, I partnered with youth of color who are pushed out of school, given extreme sentences, and stigmatized by juvenile criminal records. Most recently, I spent my 2L summer at the Center for Constitutional Rights, where I supported complex prisoner class actions challenging prolonged solitary confinement and conditions of confinement for people with disabilities and mental health issues.
Each client, case, and story has only renewed my commitment to working alongside indigent clients. I am excited to bring my experiences to this new role, expand my capacity as an advocate, and learn from the dedicated attorneys and staff at FPD.
In my spare time, I enjoy playing basketball and tennis, being unbeatable at Mario Kart, and solving every puzzle, crossword, or escape room I can get my hands on.
Cierra Phung-Marion:
I was born and raised in Pacifica, California, a small beach town near San Francisco. I went to University of California, Santa Barbara for my undergraduate degree where I majored in Psychology and Global and International Studies. Before deciding if I wanted to go to law school, I spent four years working as an immigration paralegal where I assisted clients with asylum, U Visas, VAWA, SIJS and removal defense- some making it up to the BIA and 9th Circuit levels. As a paralegal, I had many clients involved in both the immigration and criminal legal systems and became interested in how the two interact.
This summer I became more interested in appellate work while I interned with the detained team at Kids in Need of Defense (KIND), a nonprofit that provides legal assistance to unaccompanied immigrant youth. I extended my internship to draft a motion for stay of removal with the 11th Circuit and outlined arguments that our client had a strong claim for ineffective assistance of counsel against his prior attorney. With this project, I enjoyed working with the client, and having to think creatively to address complex legal issues in an unfamiliar jurisdiction in order to give him the best-case outcome.
At UW Law, I am on the executive board for Student Advocates for Immigrant Justice, a Student Liaison for the WA Minority and Justice Commission and a Legal Writing Fellow. This fall I am open to any type of case, in any department, however I am particularly interested in cases that involved restorative justice practices or models, and appellate litigation. I am thrilled and grateful to learn from all those at the FPD this fall!
Arren Hernandez:
I was born and raised in Long Beach, California before moving to Bremerton, Washington in high school. I received my undergraduate degree at the University of Washington where I studied English, Language and Literature. During undergrad, I interned at a civil rights law firm, which offered their services to underserved individuals. I also spent time volunteering at a Vietnamese non-profit that offered services to local Vietnamese immigrants, offering them lessons in English to help them assimilate into the Seattle community. After graduating, I took a gap year during the height of the pandemic before applying and attending law school. My experiences in undergrad and during the pandemic cemented my desire to help aid underserved and underfunded communities through public defense. At the University of Washington, I wanted to help build communities and I did so by taking board positions on the Public Interest Law Association of UW and the Asian Pacific American Law Association. Last summer I interned at the Housing Justice Project. It gave me great insight into indigent defense and I saw firsthand so many socio-economic factors lead to issues such as housing instability and incarceration. This fall I am looking forward to meeting and talking with clients, learning skills that are necessary to public defense, and working with attorneys who have dedicated themselves to helping people! I enjoy running, watching and playing soccer (football), learning to play new instruments (at the moment I am learning how to play the guitar), and watching films!
Mustafa Alemi:
I was born and raised in San Diego, California to my wonderful parents who came to the United States as refugees from Afghanistan. I graduated from San Diego State University in 2018 where I studied political science. In undergrad, I spent a great deal of time organizing on campus issues including financial divestment from the Israeli Occupation and improving university DEI efforts. Before law school, I spent time teaching in rural Malaysia through a Fulbright Scholarship and doing policy work on Capitol Hill in Rep. Rashida Tlaib's office. At UW Law, I am a Staff Editor of the Washington Law Review and serve as a Teaching Fellow for Civil Procedure with Professor Jeff Feldman. Through my internship, I hope to learn how I can become a compassionate and effective public defender! Finally, when I'm not in class or working, I enjoy drinking tea, playing the rabab (an Afghan instrument), and watching Seinfeld.
Social Work Intern
