How does your client feel?

John: Relieved at the verdict knowing that he did not do what the prosecutor had alleged. He said he believed that true justice had been done.

Were you surprised by the verdict?

John: No. I waived the jury knowing that we had an intelligent and neutral judge who would put any biases he may have had for Mr. Bonser aside.

The decision to waive a jury trial must have been a tough one. What are the advantages or disadvantages of opting for a bench trial?

John: Advantages are that if you have the facts and the technical basis for an acquittal The disadvantages are that if a judge finds the defendant guilty, it is much harder to win on appeal (it is already difficult to win on appeal Only about 3% of jury verdicts are overturned while less that 1% of judge verdicts are overturned).

There is the old saw about, “Don’t believe everything you read in the papers.” The press on this case was not good. Is there a lesson to be found regarding “pre-trial publicity?”

John: Hatred and prejudice (not necessarily racial prejudice but just pre judgment of anybody) is a very poor idea. It can lead to wrong decisions. A judge is much less likely to be swayed by bias, passion, or understandable hatred (in other words prejudice) than a juror.

Today, the Honorable Robert Lawerence-Berry found Kurt Bonser not guilty on both counts of Attempted First Degree Murder and First Degree (aggravated) Assault.  If convicted, Mr. Bonser faced a minimum of 24.5 years in prison.  Mr. Bonser was accused of beating a prostitute with a “football sized” rock and then attempting to run her over with a motor vehicle. He had allegedly “pimped” her out since she was 13-years old.   Because of the extreme and very sensitive nature of the background facts of ‘pimping”, Mr. Bonser elected to waive his right to a jury trial and be tried before the court.

Contact: John Crowley Law Firm 206-624-7500 or in Yakima 509-469-7500

Because of the extreme alleged facts of this case involving rape, prostitution, and heroin use all by a 13-year old girl and a 50-year old defendant, along with the severity of the alleged assault, Mr. Bonser chose to waive his right to a jury trial. This is a reasonable and aggressive decision that may be made in cases where a “real” technical defense (as we clearly have here) to extremely serious charges such as these exist. A decision is expected soon.

Seattle attorney John R. Crowley hired K-9 consultant Steven Nicely of Buda, Texas to review the training records of the dog and his handler. Mr. Nicely noted that over a 10-year training and application period, the subject dog had only been trained to “sit and stare” if it had actually “smelled” drugs. Mr. Nicely testified that because the dog had never been trained to “cock” its head as an “alert” and neither the dog or handler had ever been tested using this technique, the dog was not a qualified search and sniff dog and the evidence should therefore be excluded. (You may review Mr. Nicely’s web site at www.k9consultantsofamerica.com).

It should be pointed out that this case is NOT similar to the “dog sniff” case of Florida v. Jardines, recently accepted for review by the United States Supreme Court. Jardines questions whether police must first have probable cause before applying a K-9 dog in any “sniff search”. However, the current Supreme Court has recently taken a great interest in what had been previously considered acceptable and routine warrantless searches by police.  Many search and seizure cases are currently in the appellate “pipeline” awaiting the decisions of higher courts.

In contemporary police work the use of “drug-sniffing dogs” present some novel problems in the constitutionality of searches and warrants. A major case will be heard by the Supreme Court regarding the 4th Amendment and privacy issues in Florida v. Jardines. The Florida Supreme Court ruled that using a drug-sniffing dog outside a suspect’s home in lieu of a search warrant is a violation of the 4th Amendment. The State of Florida has appealed to the Supreme Court.

The Crowley Law Firm has a great deal of expertise in this area of the law and on the effectiveness of drug-sniffing dogs. Lawyer John Crowley has recently argued in United States District Court in Yakima on an ancillary issue regarding the procedures and effectiveness of the drug-sniffing dog. A decision is expected shortly. He will be closely watching the outcome of the Supreme Court case.

One of the more interesting interpretations is from a Seattle University professor of criminal law (full disclosure: John Crowley’s law school). Comparing the DOJ conclusions and recommendations to other investigations of police behavior –and data on police department excessive force incidents nationally. Professor Hickman comes to the conclusion that Seattle Police Department is actually “owed an apology” by the DOJ.  You can read his conclusions here in The Seattle Times opinion piece.  Here is the report itself for viewing.  (PDF)

What it shows is given the same set of facts reasonable, intelligent people can come to very different conclusions. We keep that in mind everyday in our practice. Things are never exactly the way they seem or as they are portrayed.

• Don’t destroy any material evidence to hide something.
• Don’t run away or leave if you’ve been told not to.
• Don’t try to negotiate with anyone about your situation.
• Don’t admit any guilt to anybody – except your criminal lawyer.
• Don’t talk with the police under any circumstances – they are building a case against you – whatever you say can and will hurt you.  Even if you deny it.
• Don’t give consent to search your home under any circumstances – if they have a search warrant, they don’t need your permission.
• If you’re in jail, don’t talk about your case over the phone or to anyone else.

Consult an attorney . The Crowley Law Firm PLLC offers a free consultation to let you know your rights.  206-624-7500 in Seattle. In Yakima (509) 469-7500.

The audit was scheduled in the wake of Thursday’ suicide of an officer suspected of evidence tampering. The goal is simple: prosecutors and the police department both want to know what other possible problems Officer Richard F. Nelson may have caused. However, the consequences will not be so simple, says one attorney.

The 21-year veteran officer was found fatally wounded just hours after his arrest. And with the end of his life began unraveling of his mistakes.

“The problem is you don’t know if that’s the only thing he’s ever done wrong,” said John Crowley, a defense attorney. Two of Crowley’s clients were found guilty in cases involving Nelson.

SPD says Nelson failed a so-called integrity test when he failed to book cocaine into evidence during an undercover sting targeting the officer. As a result, the department decided to conduct an internal audit into the last several years of Nelson’s work “of all of the officer’s involvement in any found property or any narcotic-related events that he may have been involved with in the last couple years,” said Assistant Police Chief Nick Metz.

Investigators will have to review stacks of files from previous and current cases for possible evidence mishandling. And Crowley says the results could affect the integrity of the cases in which Nelson was involved. If a pattern of problems is identified, Crowley said, the courts will allow closed cases to be reexamined.

King County prosecutors are also concerned about the potential impact on their cases. They plan to conduct their own audit, but will allow SPD to take the lead on the fact-finding tasks.

Crowley says he welcomes the audit, but is concerned about potential compromises; he says he would prefer the audit be handled by an outside agency.

Seattle police has not specified on the details of the audit. It was not known how long the review may take, and whether any outside agencies will provide oversight.

Read more about this and watch the video here

MARIJUANA

Getting caught with an amount of marijuana that is 40 grams (1.41 ounces) or less is considered a misdemeanor possession charge if the marijuana was not intended for distribution or sale. Possession of any other illicit drug will automatically result in a Class C Felony charge, regardless of how meager or insubstantial the quantity of the drug may have been. Call a drug crimes lawyer to see how the laws affect your case.

Washington, as well as the District of Columbia and 15 other states, has legalized the use of medical marijuana. Amended cannabis regulations accommodate the growing numbers of patients permitted to use marijuana as a part of their medical treatment plans. They can:

• Grow up to 15 plants for personal use

• Keep a 60-day supply on-hand, which must be no greater than 24 ounces

If you have been cleared for use of medical marijuana and need a drug defense lawyer to help you present your affirmative defense before the courts, give us a call. We have helped countless clients facing similar charges, and we may be able to help you, too. It is important to note that while Washington authorizes marijuana for medicinal purposes, it has not legalized the drug completely.

Crimes may be going unnoticed and evidence corrupted in an area of the system we know little about or turn our eyes away.  Click the link below to watch this excellent Lowell Bergman produced show.

Watch it online: Post Mortem

The John Crowley Law Firm PLLC You Tube Channel

Over seven hundred views  of our channel in the last few months so we know people are finding this a good way to checkout an attorney before making that call.