Criminal Justice Division

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Overview

The mission of the Criminal Justice Division (CRJ) is to work with and support its partners in the criminal justice community and to work towards creating safe communities.  Upon request from the Governor, local law enforcement and local prosecutors, the division investigates and prosecutes criminal cases throughout the state and provides investigative and prosecutorial support to local law enforcement and prosecutors in several areas including homicide cases, sexual assaults, white-collar crime, identity theft, and computer and high tech related crime.  The Criminal Justice Division also investigates and prosecutes Medicaid fraud and resident abuse cases.  The CRJ civilly prosecutes previously convicted sexually violent predators who have served their criminal sentence and who still pose a serious threat to re-offend. The CRJ provides state and nationwide investigative expertise and assistance through the office’s Homicide Investigation and Tracking System (HITS) Unit, and through the investigators and crime analysts who are part of HITS.  The CRJ also represents and advises the Washington State Patrol (WSP) and the Criminal Justice Training Commission.

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Legal Services Provided

Medicaid Fraud Control Unit (MFCU):  The MFCU is a federally mandated and funded investigative and prosecutorial unit staffed by attorneys, auditors, investigators, and support personnel.  The mission of the unit is to investigate and prosecute both fraud by health care providers that illegally divert Medicaid funds and the criminal abuse and neglect of residents in Medicaid funded facilities.  The unit provides valuable assistance to local law enforcement in investigating and prosecuting crimes committed against vulnerable adults.  The unit trains cadets at the Basic Law Enforcement Academy, other investigative agencies, and helps to coordinate the efforts of local vulnerable adult task forces whose missions are to improve the response to crimes committed against this population.  The unit maintains and updates a statewide vulnerable adult contact network with all state law enforcement agencies.  This contact network assures that the Department of Social and Health Services resident abuse referrals go to the appropriate law enforcement agency; that each agency understands its role; and offers AGO/MFCU support for each investigation.

Sexually Violent Predator Unit (SVP):  The SVP Unit was established in 1990 following enactment of RCW 71.09 which permits the involuntary civil commitment of sex offenders who, because of a mental abnormality and/or personality disorder, are likely to commit predatory acts of sexual violence if released to the community.

The unit is responsible for prosecuting sex predator cases for 38 of Washington’s 39 counties (King County being the exception).  The expertise of the unit permits it to handle all aspects of sex predator cases, including pre-filing investigations, pre-trial motion practice, trial, post-commitment proceedings and appeals. 

Homicide Investigation and Tracking System Unit (HITS):  HITS is a program within the Attorney General’s Office that tracks, investigates and maintains a searchable database of homicides, rapes and other violent crimes.  It is the only statewide central repository for information relating to violent crimes.  Investigators have collected and entered data from more than 8,000 murder investigations, more than 7,900 sexual assaults, and over 56,500 other major crime data.  Investigators utilize the HITS database to assist local law enforcement in the investigation of violent crimes.  HITS is also a national leader in developing and using computers in innovative ways to prevent and increase the solvability of crimes.  It has been the recipient of several grants to study trends or common characteristics in violent crimes, and provides training to local law enforcement.  The HITS unit also plays a pivotal role in the criminal justice system in Washington though the training it provides to state and local law enforcement.  Finally, HITS investigators may be called upon to review murder and rape cases from around the state.

Criminal Litigation Unit (CLU):  When requested by the Governor, county prosecuting attorneys or the Organized Crime Intelligence Unit of the Washington State Patrol, the CLU investigates, assists with and prosecutes complex criminal cases.  The types of cases include homicide, sexual assault, multi-county crime, white-collar crime, governmental corruption or cases where the local prosecuting attorney has a conflict of interest, environmental crimes, tax fraud cases on behalf of the Department of Revenue, mortgage and lender fraud cases on behalf of the Department of Financial Institutions, licensing fraud on behalf of the Department of Licensing, and insurance fraud on behalf of the Office of the Insurance Commissioner.  This unit may also assume responsibility for the appellate review of a criminal case originally brought by a county prosecutor if that case involves fundamental issues affecting the public interest and the administration of justice.

In additional investigating and prosecuting criminal cases, members of the CLU organize and participate in several multi-jurisdictional task forces and working groups designed to coordinate efforts to combat specific types of crime.  These groups include the Missing and Exploited Children’s Task Force, the Internet Crimes Against Children task force, the Youth Internet Safety Taskforce, a human trafficking working group, a state-wide gang task force, and an identity theft related working group called LEGIT (Law Enforcement Group against Identity Theft).

 Client Advice Provided:  The CRJ also represents and advises the Washington State Patrol (WSP), the WSP Crime Laboratory, the WSP Toxicology Laboratory, the State Forensic Investigation Council, and the Criminal Justice Training Commission.   Finally, the CRJ represents the state in reimbursement claims that result from self-defense acquittal claims.

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Significant Cases

Criminal Litigation Unit:

State v. Frederick Russell (Whitman County):  The defendant was charged with three counts of vehicular homicide and three counts of vehicular assault resulting from an alcohol-related traffic collision on SR 270 near Pullman, Washington on 6/4/01.  Killed in the collision were three college students, and three others were critically injured.  The defendant fled to Ireland just prior to his trial in 2001, and remained on the run until his arrest in Ireland in the fall of 2005.  Following a year of extradition proceedings, the defendant became the first fugitive extradited from Ireland to the U.S. in more than 16 years.  Following numerous pretrial motions and a change of venue to Cowlitz County, a jury trial began on 10/15/07.  On 11/6/07, a jury returned a verdict of guilty on all counts.  Sentencing was held in Whitman County on 1/2/08.  The defendant faced a standard range sentence of 10 to 14 years in prison, and received the top of the standard range of 14 years.  Dateline NBC filmed the trial and aired a story on July 18, 2008.  AAGs Lana Weinmann and Melanie Tratnik and Legal Assistant Victoria Robben handled the trial.

State v. Andrew Kennedy (Cowlitz County):  The defendant abused the victim, Kieryn Severson, an infant who came into his care when she was 9 months old.  Kieryn lived with the defendant for 10 weeks.  She died on August 1, 2004, from cardiac arrest, following massive internal head injuries that were inflicted by the defendant.  The defendant was alone in a bedroom with Kieryn at the time that the fatal injuries were inflicted.  The court found that the defendant took Kieryn by the legs and propelled her head into a stationary object in the room.  Kieryn was abused during the 10 weeks she lived with the defendant.  At her death, she had acute internal head injuries from inflicted trauma on August 1st, prior internal head injuries from past abuse, a spiral fracture of her left arm and two broken legs.  Following a two week bench trial the defendant was convicted as charged on August 17, 2007, of Homicide by Abuse and Murder in the Second Degree.    The aggravating circumstances of (1) particularly vulnerable victim due to extreme youth, and (2) abuse of position of trust were also found.  Sentencing was held on 9/6/07; the defendant’s standard sentencing range was 240-320 months.  The court imposed an exceptional sentence of 380 months.  The court found that Kieryn was a particularly vulnerable victim who was incapable of resisting the crime due to extreme youth.  The court also found that the defendant abused his position of trust as Kieryn’s godfather and primary caregiver to facilitate the commission of the crime.  The court found that these two factors were substantial and compelling reasons to sentence the defendant above the standard range.   AAG John Hillman and Legal Assistant Victoria Anthony handled the case.

State v. Philip Strong (Ferry County):  The defendant and victim were temporary neighbors.  They had several disputes leading up the murder.  Defendant was found guilty on 1/15/08 of Murder-2nd with firearm sentencing enhancement.  Sentencing was held on 2/8/08 and the defendant was sentenced to 19 years year in prison.  AAG John Hillman  and Legal Assistant Victoria Robben handled the case.

State v. Timmy Hendrickson (Pacific County):  Defendant, along with two others who previously pled guilty, was involved in a residential burglary in 2003.  The home owner was awakened during the course of the burglary and confronted the defendant.  The defendant killed her during the altercation.  The defendant then fled the scene and later returned and attempted to cover up the crime by burning the victim’s body and home.  A lengthy investigation uncovered the defendant’s involvement, and with the resolution of this case, all of the defendants have now pled guilty.  Hendrickson was sentenced to 297.75 months on Count 1 (Attempted Murder-2nd ) and 108 months on Count 2 (Attempted Arson-1st); he will serve approximately 25 years in confinement.   AAG Scott Marlow handled Hendrickson’s plea and sentencing.

State v. Gary Probst, dba Diamond Driving School (Pierce County):  The defendant ran a group of driving license schools, and had a number of ongoing disputes with DOL.  When law enforcement began to look at the defendant’s businesses, they noted that he had purchased several vehicles claiming to be a resident of Oregon.  The defendant would then register the vehicle in Oregon, wait 90 days or more, and then re-register the vehicles in Washington.  This scheme allowed the defendant to elude in excess of $14,000 in sales/use tax.   Theft-1st charges were filed against the defendant on September 15, 2006 by AAG Scott Marlow, and the defendant promptly settled his DOL cases and agreed to close all of his driving schools.  On 2/8/07, the defendant pled guilty as charged, and sentencing was held on 2/15/07.  The defendant was sentenced to 50 days.  The judge authorized 20 of those days to be served on work release, and gave the defendant 7 days to set that up.  The remaining 30 days were converted to 240 hours of community service that must be completed within 6 months.  The judge also ordered the defendant to pay the full restitution $14,052.22 and gave him 30 days to pay it in full.  AAG Scott Marlow handled the plea and sentencing.

State v. Jerald Hansen (Clark County):   The defendant was a loan originator who charged his customers for a loan product (mortgage payment acceleration program), but never enrolled any of his customers in the program.  The defendant was charged with 1 count Theft-1st, 67 counts Theft-2nd, and 1 count Money Laundering by AAG Rebecca Jacobsen.  AAG Jacobsen began the trial on 2/5/07.  The trial ended on 2/13/07 with a jury verdict of guilty on all counts, plus a special verdict finding the case was a major economic offense.  The defendant was sentenced on 3/16/07 to 68 months in jail, $70,600 restitution ordered and $10,000 in fines.  The case was handled by the DFI team of AAG Rebecca Jacobsen, Investigator David Cassidy, and Legal Assistant Daisy Jacobson.

Medicaid Fraud Control Unit:

State v. Terry L. Garvin (Lincoln County):  On August 6, 2007, the MFCU filed eight felony counts against Terry L. Garvin:  Theft in the First Degree (three counts) and Health Care False Claims (as Medicaid False Statements) (five counts).  Over approximately 27 months, Terry Garvin billed for COPES services she claimed to have provided to her mother, Lynn B. Garvin, a Medicaid client.  As a result of these false billings, Terry Garvin received in excess of $99,433.09.  Terry Garvin pled guilty as charged on November 27, 2007.  On December 18, 2007, Judge Borst sentenced the defendant to: 25 months of confinement; 12 months of community custody; restitution of $99,433.09 (jointly and severally liable with Lynn B. Garvin); plus fines, fees and costs. Garvin was ordered not to provide care for vulnerable adults. Lynn Mounsey prosecuted the case.  Larry Carlier and Gary McDonald completed the investigation. 

State v. Sandra Gillihan (Thurston County): Gillihan is charged with fourteen felony counts: Theft in the First Degree (one count), Money Laundering (ten counts), and Medicaid False Statement (three counts).  Over approximately seventeen months Gillihan billed for services that she did not provide to eight children with disabilities.  Gillihan also schemed with the mother of four of those children to increase the number of authorized hours of service, bill for services never provided, and split the money she received for the false billings.  Gillihan received over  $33,000.00 as a result of the false billings that she submitted.  Gillihan pled not guilty on August 14, 2007.  On October 29, 2007, Gillihan pled guilty as charged and was sentenced to 90 days in jail, with eligibility for work release during the first 60 days and EHM in the last 30 days, 12 months community custody, standard fees and costs, and $33,309.17 in restitution.  She is also prohibited from providing in-home services to vulnerable adults. Trial remains scheduled for November 5, 2007.  Aileen Miller prosecuted the case.  Bev Maddox conducted this solid investigation which not only resulted in a swift resolution, but charges against a co-conspirator. 

State v.Ernie M. Hernandez (King County): On June 6, 2008, Ernie M. Hernandez was sentenced after he entered his guilty plea to four felony counts in King County Superior Court: 1 count of Theft in the First Degree and 3 counts of Medicaid False Statement. Hernandez had contracted with DSHS to provide dentures and related-services to Medicaid patients. Following an extensive DSHS audit, Hernandez was convicted of not providing all of the dentures or all of the services for which he billed DSHS.  The failure to provide services was harmful to the patients who did not receive the services to which they were entitled.  Hernandez was sentenced to: 30 days in custody – converted to 240 hours of community service; 12 months of community custody; $ 3,200.96 restitution; no provision of denture or health-related services to vulnerable adults, particularly Medicaid clients; no contact for 10 years with victims CC, RC or KG; and standard fees and costs.  AAGs Andrea Jarmon and Lynn Mounsey prosecuted the case, while Dwain Sparrowk conducted the investigation.

Merck I and Merck II:  On February 26, 2008, the MFCU received the final settlements and payment in two related Global settlements reached with Merck, involving claims against the company for nominal price and rebate violations.  Terry Tate, Investigator, and Dawn Cortez, Director, handled the cases for the State of Washington.

In Merck I, the State of Washington recovered $3,359,557, of which $1,537,169 is payable to the State and the rest to the federal government.  Of the State’s share, all but $45,873 has been paid to the Medicaid Program as restitution.  The $45,873 represents pre settlement interest for which the Unit is seeking permission to retain as program income based on the Unit’s investigative costs.

In Merck II, the State of Washington recovered $4,112,436, of which $1,805,968 is payable to the State and the rest to the federal government.  Of the State’s share, $889,497.50 has been paid to the Medicaid Program as restitution and the rest has been paid to the State General Fund.

Walgreens Pharmaceutical:  On June 18, 2008, the MFCU received the final settlements and payment in the Global settlement reached with Walgreens for the improper switching of drugs for patients without physician permission.  Walgreen’s was providing drugs with a higher reimbursement rate rather than the drugs prescribed by the patient’s physician.  The State of Washington recovered $914,752 for the State and Federal portion of the Washington claims, of which $411,721.44 was paid to the State and the rest to the federal government.  Of the State’s share, $206,734.75 was paid to the Medicaid Program as restitution and $204,986.70 was paid to the General Fund. Terry Tate, Investigator, and Dawn Cortez, Director, handled the cases for the State of Washington.

Vulnerable Adult Summit: In June 2007, the Attorney General’s Office hosted a one-day Vulnerable Adult Summit.  The Summit brought together over 100 selected professionals with expertise in the fields of abuse, neglect, and financial exploitation of vulnerable adults.  After identifying the most pressing issues facing Washington’s Vulnerable Adults, six Work Groups were formed in September of 2007 to formulate and analyze viable solutions.  The Work Groups submitted their final recommendations on May 9, 2007.  A final report is being finalized.  The groups produced an omnibus legislative package that is currently under consideration.  The package addresses legislative solutions to many issues facing vulnerable adults. The Vulnerable Adult Initiative is a joint effort by the MFCU, SHS and the CLT, along with many community partners. 

Sexually Violent Predator Unit:

Michael Sease:  On July 12, 2007, a Pierce County jury returned a verdict committing Sease as a sexually violent predator.  Mr. Sease abducted a fifteen year old girl from the street and forced her into his car.  When she fought with him, he threatened to slice her throat.  She struggled with him as he fondled her while driving her to a wooded area.  She managed to escape as he was trying to remove her underwear.  Sease abducted a nineteen year old female from a hospital at knifepoint.  He drove her to a vacant field where he forced her to undress while scraping the knife along her chest and neck.  Sease then raped her and hit her in the head.d on her stomach.  He then laughed and told her he had AIDS.  This case was handled by AAG Jana Franklin, and numerous supporting roles from the SVP unit.

Douglas Alsteen: Alsteen was committed in Cowlitz County on November 14, 2007. Alsteen attacked a ten year old girl who was walking home from school at knifepoint, forced her into the woods, and forced her to perform oral sex on him.  Shortly after his release from confinement for this offense, Alsteen attacked a young woman with a knife and tried to strangle her to prevent her from screaming. He dragged her into a secluded area and became so enraged at her screaming that he got on top of her and started sawing on her neck with the knife.  AAG Jana Franklin, Paralegal Lauretta Dunn, and Legal Assistant Martha Neumann handled the case.

An LRA revocation hearing in the case of In re the Detention of Casper Ross was successfully heard in Pierce County.  On March 18, 2008, after a hearing lasting 3 days, Judge Brian Tollefson revoked Ross’s LRA and order that he return to the Special Commitment Center indefinitely.  The revocation was based upon evidence that Ross had been traveling to numerous unapproved locations in the community while on the LRA.  It was also discovered that he possessed an inappropriate photograph of DSHS escort Nora Cutshaw.  This case was handled by AAGs Jana Franklin and Todd Bowers, with assistance of law clerk Marc Bides and Legal Assistant Martha Neumann.

In re the Detention of David Lewis.   In an opinion issued on February 28, the Washington State Supreme Court unanimously affirmed the commitment of David Lewis as a Sexually Violent Predator. Lewis had argued that, because he was being held pending re-trial on a criminal offense at the time the State filed its SVP petition, the State should be required to plead and prove a recent overt act. Writing for the Court, Justice Mary Fairhurst  held that  Lewis was "about to be released from total confinement," (RCW 71.09.030(1)) when the State filed its petition and that neither the sexually violent predators act (SVPA), chapter 71.09 RCW, nor due process required that the State plead or prove a recent overt act under the circumstances of the case.  AAG Sarah Sappington argued the case.

Myoung Park:  On April 4, AAGs Kristie Barham and Jodi Crawford civilly committed Myoung Park after a two week trial.  This complex case involved a brain-injured respondent who also suffered from multiple paraphilias and required a Korean speaking interpreter throughout the trial.  The State presented twelve witnesses, including an expert witness and two witnesses who testified by preservation deposition from Alabama and Nevada.  Paralegal Lauretta Dunn, Investigator Darrell Noble, and Legal Assistant Martha Neumann also worked on the case.

Justin Mackey:  On June 9, AAG Jana Franklin civilly committed Justin Mackey after a five day jury trial in Walla Walla County.  This case involved a twenty-eight year old man who had been convicted of five sexual offenses against minors.  The State’s expert opined that Mr. Mackey suffered from multiple paraphilias and personality disorders and as a result he was likely to reoffend if released.  Paralegal Lauretta Dunn, Investigator Darrell Noble and Legal Assistant Martha Neumann also worked on the case.

Washington State Patrol:

In 2007, we represented the WSP in four cases where it was a named defendant.  Three of the cases were public disclosure cases (two are still pending).  The fourth and most significant matter was Potter v. WSP, the appeal in a class action lawsuit by 10,000 plus class members whose vehicles were impounded under the WSP’s former impound policy.  The Washington State Supreme Court issued its opinion on August 30, reversing the trial court’s summary judgment order.  The Court subsequently granted the WSP’s Motion for Reconsideration, and oral argument was heard on May 27, 2008. 

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