Case Closed: Yoos Pleads Guilty with Alford Plea

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Scott Yoos, an Olympia man accused of a felony assault against a police officer, today pleaded guilty with an Alford plea to two counts, one for criminal trespass and one for obstructing a law enforcement officer.

In negotiations between Yoos, his attorney, Larry Hildes, and Thurston County Prosecuting Attorney J. Andrew Toynbee, the change in plea thus ended a 26 month ordeal for Yoos, and everyone else involved.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered while hitchhiking in 1984.

On June 1, 2011, Yoos was cited for criminal trespass and obstructing justice while riding on his bicycle through Olympia at 11:30 p.m. toward his home on Martin Way. Yoos stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, and within minutes, officers converged on Yoos. Yoos' method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. Yoos denies kicking Sergeant Johnson, and the alleged kick did not require medical attention.

Under the Alford plea, a defendant admits that sufficient evidence exists in which the prosecution could likely convince a judge or jury to find the defendant guilty if a case goes to trial. Yoos is contesting the facts but agreed that the facts in the police reports are sufficient that he could be found guilty. 

After several fitful starts, interruptions, and a court recess, Yoos, through a sign language interpreter, said today that he understood the rights he would give up by pleading guilty, and that the court did not need to necessarily adhere to the recommendations of the State, represented by Toynbee.

The five page document recommended, in part, that jail time be suspended, and that a $250 crime victim fund fee and a $200 filing fee be paid.

Judge Carol Murphy presided over the status hearing, saying that the court is not required to follow the State's recommendation. In the end, she did.

Hildes, in his statement on Yoos' behalf, said that Yoos has no criminal history, cares about his community, and that Yoos' biggest concern is to make sure that changes are made in law enforcement protocols, such as the use of police video cameras.

"He's one of the best hearted people I have ever met," said Hildes.

Yoos, through an interpreter, said to the court, "This whole thing has been very draining on many levels, physically and psychologically and financially, and I feel like I can no longer afford to swim in this pool. I want to see that video is installed in all of the OPD, Olympia Police Department, patrol cars or in the uniform. This all would never have happened if I had a recording, a recorded witness, to back me up. As it is now, it is four against one and my chances in trial would not be wonderful. It's very frustrating but I would be - I will be - happy to be done with this."

Murphy said that it is the court's opinion that Mr. Yoos has been very respectful in the courtroom, and consistently on time. She said she wished she could say the same for his attorney, Mr. Hildes, who often arrived late for court appearances. Hildes lives in Bellingham. 

She added that she appreciated Mr. Yoos' difficulty in navigating the justice system and the time it has taken for everyone to come to this resolution.

A Scott Yoos Legal Defense Fund account has been set up at the Washington State Employees Credit Union. To pay Yoos' remaining expenses as a result of his case, donations to the fund may be made at any credit union branch.

OPD and the Feasibility of Patrol Car Video Cameras

Asked by this reporter late last month about the Olympia Police Department's (OPD) time and costs expended by OPD on the Yoos case specifically, Laura Wohl, OPD's spokesperson, said she could not estimate the cost. 

"The reason that costs aren’t available is that we don’t track such things by the case. For example, we track overtime according to what it is used for generically: to fill short shifts, to staff events, for court time, etc. We don’t track straight time in a case-by-case manner, either. Instead, officers work on many things during their regular shifts and the time is simply noted as regular shift hours....They may be investigating multiple cases when they are in the field, at the same time they may need to respond to an emergency call."

Asked about the department's interest in and cost of video cameras in patrol cars, she said, "Yes, the department has investigated the use of video cameras in our vehicles. The cost of the equipment is approximately $6000 each plus one-time infrastructure (antennae, computer server for storing the video, etc.) costs of about $10,000. The department has received grant funding to buy up to six cameras, although we do not have funding to equip all of our cars."  

Asked how many patrol cars there are in Olympia's fleet, Wohl said, "We currently have 20 marked patrol vehicles assigned to patrol shifts and to our traffic unit, as well as an additional two vehicles used by field supervisors. We have another 28 vehicles (some marked, some not) that are used by detectives, administration, the jail, the volunteer program, the school resource officer program, the training program, and our evidence/crime scene investigation team."

 

Wohl added, "OPD is in favor of in-car video. We believe that it provides important information about incidents that happen in the field that helps protect both citizens and officers. We had planned to implement in-car video in 2012 with the funding we had identified. However, staffing shortages and other high-priority projects delayed implementation."

 

"Recently, court decisions have raised questions about the retention of in-car videos. Additional retention requirements may significantly impact the workload needed to manage the storage and dissemination of in-car videos. We are still assessing what resources would be required to manage the videos and whether an in-car video program is feasible," Wohl said.

For more information and several articles about Yoos' case, use the search button and use key words on this blog at ww.janineslittlehollywood.blogspot.com.

Yoos Case: Motion To Dismiss Denied

Yoos Case: Motion To Dismiss Denied

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The motion to dismiss a felony case against Scott Yoos, an Olympia man who is mute, was denied yesterday by Thurston County Superior Court Judge Christine Pomeroy.  

A date of August 12 has been set for the case to now go to trial with a twelve person jury.  This date could be changed if Yoos' attorney, Larry Hildes, asks for a delay to prepare for the case.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered in 1984. (For more information and several articles about Yoos' case, use the search button and use key words on this blog at www.janineslittlehollywood.blogspot.com).

Immediately following the court's decision, Yoos motioned this reporter to come over and read what he was writing.
 
"The city of Olympia needs video cameras - I would have been entirely vindicated with a recorded witness, either on the patrol cars or attached to officer's uniforms. I've seen some very sophisticated cameras under $1,000 each."
 
Asking him what he does now, Yoos wrote, “I’ll scheme with the attorney, hopefully rest a bit.”

Case History

 Accused of a felony assault against a police officer, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011. On that date, Yoos was riding on his bicycle through downtown Olympia at 11:30 p.m. toward his home on Martin Way, when he stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, in Olympia.

Within minutes, several officers converged on Yoos. Yoos’ method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.  Yoos is 5'9 and weighs about 155 pounds.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. The alleged kick did not require medical treatment. Yoos denies kicking Sergeant Johnson.

Yoos’ case has dragged on for 26 months. There have been repeated delays in the case, many of them because a court-appointed sign language interpreter was not provided or available.  Larry Hildes, his attorney, has repeatedly asked the court for a motion to dismiss the case, based on discriminatory actions by the arresting law enforcement officers.

In what has amounted to several days of actual testimony in which Yoos and three law enforcement officers involved in the case testified, Olympia Police Department officers Officer Randy Wilson, Officer S. Costello, and Officer Jason Watkins, Judge Pomeroy ruled that the officers’ actions were justified, and that they had a reasonable right to stop and detain Mr. Yoos.  She further explained that their actions were not discriminatory, citing, in the court’s opinion, that it was Mr. Yoos’ repeated attempts to leave the scene that made the situation escalate.

Hildes repeatedly argued that Yoos was unjustly arrested and silenced because the officers did not have the proper training to deal with Yoos’ disability, and, after the officers made a series of assumptions, allowed the situation to escalate.

In his closing arguments, Hildes was assertive, saying in part, "Officers are supposed to deescalate situations...It became a power struggle, respect for the officers, forcing him to do what they wanted him to do and he just wanted to communicate, that's the discrimination. But for the lack of training, experience, and policy, there would not have been an incident. Dismiss this case. But for the discriminatory result, there would be no case...."

Thurston County prosecuting attorney J. Andrew Toynbee, appearing cool and calm in his demeanor, said in his closing argument, in part, "...over three days, the officers have testified and are able to give you a reason for everything...I'm telling the court they did nothing wrong. The defendant did not wish to communicate. In fact, he kept trying to leave...when asked, he did not write his name and birthdate...they had business to conduct with him. They had a reason to talk with him...there was not a lack of training or desire to communicate...he kept trying to leave....this was a dynamic situation, things happened quickly."

Citing case law, Toynbee said that the officers had justification to take action and it had nothing to do with discrimination against Mr. Yoos.

Hildes argued that it was not a dynamic situation, that they were standing there having a written exchange until Officer Wilson intentionally took his pad of paper away, preventing Yoos from further communication.

"This was like putting a gag in his mouth, intentionally using his disability against him."

Sample Testimony

Today, two sign language interpreters were available to accommodate Yoos’ method of sign language, which is signs and finger spelling. The process is time-consuming. When changes in words occurs, it is not clear if it is Yoos changing what he is saying or if the sign language interpreter misinterpreted his finger spelling. Yoos quickly corrected the interpreter if she misinterpreted his words.

The following is a portion of an unofficial transcription as heard and written by this reporter of yesterday's testimony by Yoos, when questioned by his attorney.

Hildes: Were you trying to be uncooperative?

Yoos: No, I just wanted to go home to bed and it was a little frightening to have this armed man immediately arrest me and accuse me of something that I had not done.

Hildes: Did you attempt to communicate that to him?

Yoos: I had my communication tools all taken away from me and I was just trying to sign to them.

Hildes: Did they stop trying to communicate to you at that point?

Yoos: They were interested in arresting me and attacking me.

Moments later:

Hildes: Did you attempt to leave?

Yoos: I didn’t try to “leave” three times like Costello claims that I – no, no.

Later:

Hildes: At the time, if they had communicated with you, would you have communicated with them?

Yoos: I am not a criminal. I am a former Eagle Scout, so, and preacher’s kid. I never threatened any of the police officers.

Hildes: Was it your intention to resist them?

Yoos: No, I didn’t think it was right for them to steal my bicycle and my Walkman, my wallet, my bag and all of the papers I had in my backpack and in my pocket.

Hildes: What made you think they were stealing?

Yoos: When someone violently takes something from you, that’s stealing.

Hildes: Why did you feel like it was stealing?

Yoos: I did nothing wrong and I couldn’t communicate and it was very frustrating to me.

Hildes: Were you frightened?

Yoos: Of course – there were four armed men.

Hildes: What were you wearing – what did you have on your feet?

Yoos: I was riding my bicycle with lightweight sandals like TEVA’s but cheaper.

Hildes: And you were wearing a reflective vest, correct?

Yoos: Yes.

Hildes: So you weren’t trying to sneak into the parking lot?

Yoos: No, of course not.

Hildes: So you weren’t trying to break into the donut shop?

Yoos: Please, no.

Later:

Hildes: Did you ever attempt to resist the officers?

Yoos: I only tried to communicate with Watkins by pulling in my arms so they could not cuff me again.

Hildes: Why did you do that?

Yoos: Because I needed to tell them – I needed my voice.

Hildes: So you were just trying to communicate?

Yoos: Yes.

Later:

Hildes: What frightened you about this incident?

Yoos: I had been – I was being – unjustly arrested and accused of things which I was not guilty of and physically, and I was having armed men approaching me at night.

Hildes: Was it also because they took away your ability to communicate?

Yoos: That was very frightening and frustrating to me…it was Wilson who took the pad and my communication away.

Hildes: So the officer already did that?

Yoos: Yes.

Hildes: And you were already communicating with him about the incident when he took the pad away from you?

Yoos: Yea, briefly. There are only, like, two or three back and forth conversations.

Later:

Hildes: He could have kept on writing and you would have kept responding, right?

Yoos:  Yes.

Hildes: Did you give him any reason that you didn’t want to communicate with him?

Yoos: I just wanted to go back home….I felt threatened and harassed but I was entirely willing to write back and forth with him.

With his attorney and friends, and while seated with his interpreter during the hearing, Yoos was using a new gizmo to communicate, a little black  LCD writing tablet called a Boogie Board. One button touch erases his words between thoughts. Asked about it during a break, Yoos wrote, “It was a surprise gift from a friend’s friend who won it in a raffle and sent it to me in the mail from Texas.”

Asked how he likes it, Yoos wrote, “It’s low battery use, it’s “supposed” to go about six years. It is the bottom of the line cheapest model  - he points to the back that says it’s from www.improveelectronics.com - but it’s just what I need. A lot better from markers, cuz those are very messy and are always drying out on me. Plus, no fumes.”  Many of his friends had difficulty reading the dark blue lettering against the black board but took the time to read his writings.

Yoos looked pale and drawn. During another break, he was asked how he feels. He wrote that his red nose and sniffles was the result of allergies.

Asked how he is holding up in general, Yoos wrote, “It’s been hanging over me for 26 months with over 20 court appearances counting the city ones – s’been hellacious – I’m not able to consider adopting a pup….”
 
Interview with Thurston County Prosecuting Attorney J. Andrew Toynbee

In a telephone interview this morning with Thurston County Chief Prosecuting Attorney J. Andrew Toynbee, who has pursued and argued the case against Yoos, Toynbee was asked what happens next. 


Toynbee said the case is scheduled to go to trial and Yoos could be convicted of assault of the third degree with a sentence of one to three months in jail, acquitted, or, he could accept a plea offer to a lesser charge.

“I’m not interested in sending Mr. Yoos to jail,” said Toynbee.  “I have made several attempts for plea offers in the past but Mr. Yoos’ attorney, Larry Hildes, has not entertained them.”

Asked why Thurston County is pursuing this case, Toynbee said, “We take assaults on officers very, very seriously, that’s the reason."

Asked what he wants from Yoos, Toynbee responded, “My goal is to have Mr. Yoos take some accountability for his actions.”

Asked why Sergeant Paul Johnson, the officer who was allegedly kicked by Yoos, did not testify, Toynbee said, “The motion only focused on one issue – whether law enforcement was discriminatory in their actions. Sergeant Johnson didn’t take action, he oversaw the situation after he arrived, but he would be called to trial. He could have testified, but it (the hearing) was going on and on….”

Asked if he thinks it’s a problem that Sergeant Johnson’s report is dated weeks after the incident, (it is dated June 27), and unsigned, Toynbee said, “No, I don’t think it’s a problem. Two officers, Costello and Wilson saw it (the kick).”

Asked how much Thurston County has spent thus far on Yoos’ case, Toynbee said he is a salaried employee and doesn’t know how much has been spent.

 

2012: A Busy, Rough Year for Olympia's Police Department

"People don’t call the police because they are having a good day...."

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

On a daily basis, an on-duty police officer is potentially tasked with responding to reports of vehicle thefts, loitering, drug related offenses, suicides, traffic accidents, home and retail burglaries, disorderly conduct, domestic disturbances, and, in the summer particularly, loud parties.

Add to that public service calls such as welfare checks on the elderly or others in need. Add to that the responsibility of being put on the front lines of an increasingly deteriorating economic situation that puts more homeless and mentally ill on the streets, and officers also become required to be all-round social service workers.

Add five homicides to that, and you have a department that is strapped, both emotionally and financially.

It's been a busy, rough year for Olympia's police department.

Dealing with a diverse population with growing needs is challenging for officers in cities across the country, both in large cities, and smaller ones, such as Olympia.

Recently, when Olympia city manager Steve Hall urged the council to create an emergency ordinance to not allow camping on the grounds of city hall, it was an effort to better protect city staff and the public entering the building, and move a homeless population elsewhere. The council did not pass the ordinance and the homeless are still able to camp there -  for now. The homeless are escorted away from the front of city hall by staff and sometimes police officers and the area is cleaned every morning with pressure washers at 6:00 a.m. City hall doors open to the public at 8:00 a.m.

As Mayor Stephen Buxbaum said during a recent city council meeting, "we have an outstanding (police) force - I think they do a good job. Unfortunately, police are too often on the front line of social issues and are forced to manage a situation with too little resources."

Referring to homelessness, he said, "This is not an Olympia problem, it's a national problem...Olympia is not alone...most are homeless out of other issues. It's not a problem of homelessness but health and safety...."

A Quick Profile of the Olympia Police Department

Creating a ever-growing laundry list of questions and concerns earlier this month, I met with Sergeant Paul Johnson and Laura Wohl, public information officer for the Olympia Police Department (OPD).

Based on those interviews, several clarifying, follow up emails, and other research, here is a quick profile of the department and other issues and challenges facing the Olympia Police Department.

• In 2011, OPD responded to about 50,500 calls for service and, as of six days ago, is on track to respond to 52,000 calls for service in 2012. That’s more than one call for service per capita. 

• The Olympia police department is composed of 64 commissioned officers, including Chief Ronnie Roberts, a commander, four lieutenants, eight sergeants and 50 police officers and police recruits.The department also has nearly 29 civilian and limited commissioned employees. "Limited commissioned" employees are jail staff who have some, but not all, of the same authority as police officers.

• Officers are divided into four shifts: daytime, two swing shifts, and one graveyard. The number of officers on duty per day varies, with no lower than four. All shifts overlap in time. Right now, one or two officers work three days a week downtown. The city is divided into four sections: westside, downtown, northeast, and southeast. Scheduling is "incredibly complicated," says Wohl, due to the shifts, contracts with labor unions, vacation schedules, and sickness and other issues.

• The department is not fully staffed, and there's no "borrowing" of officers from other cities. Officers work overtime, providing the department with safety and financial concerns. The department has hired six new officers in 2012, with seven left to fill.

• Officers can retire at age 53, which puts them on the leading edge of the baby boomer age, causing real problems in recruiting and hiring. Officer tenure in Olympia is very long, and rarely has someone left the department. It takes one year to fully train an officer so that he or she is able to operate as a solo officer.

• There are no African American police officers in the department. There is one Asian American officer. Wohl did not know the answer about the number of Hispanic officers, because she said she is not sure which officers meet that category.

• There are seven women officers in the department, and two currently in the police academy.

• There are two Spanish speaking officers, one of whom is from Spain and speaks Basque. Wohl did not know what dialect of Spanish the other officer speaks. The department has one Russian speaking officer, and one certified American Sign Language speaker.

Johnson said an interpreter of some sort is needed "once every couple of weeks." Officers are needed who speak Spanish and Asian languages, particularly Vietnamese and Cambodian, to meet the needs of an increasingly diverse population in the area. When needed, out of area interpreters are contacted through a national commununications center and patched in on a telephone. "There's a cost to it...and the defendent speaks to him or her. It's OK for certain things but it can't be used as evidence, so if we have a crime, we need a certified interpreter to testify," says Johnson.

• Officers are paid an average of $61 an hour in overtime (time and a half). Sergeants receive more per hour. When asked how much overtime has been expended by OPD in Thurston County's pursuance of their case against Scott Yoos, Wohl says the department has no way of tracking regular hours or overtime related to a specific case. (For more information about the Scott Yoos case, see other articles by Janine Unsoeld at www.janineslittlehollywood.blogspot.com and type in key words into the search button.)

• There are gangs in Olympia, with an uptick in their presence in the last two years. They come primarily from Pierce County.

• Residential burglaries are "huge," says Wohl, much larger than in previous years, mainly in the northeast and westside, and a recent rash in the southeast neighborhoods. The department is not clear why, but a large percentage are drug related. Olympia has a huge heroin and methamphetamine problem. Sixty-nine percent of residential burglaries this past summer were due to unsecured homes and garages. Vehicle prowls are also rising.

The best advice the department can give residents, Wohl says, is to "secure your homes and cars." Neighbors looking out for other neighbor's homes and property is also key.

The department receives hundreds of calls a day. "People will call the police for everything, even to ask for directions on how to get to Best Buy. We do our best to direct people, because they are used to calling the police department for everything," says Wohl.

Wohl said dealing with the mentally ill is one of the biggest responsibilities currently facing the police department.

"They are disruptive, scary, and threatening...the police are caught between a rock and a hard place," says Wohl. "There doesn't seem to be a single social service agency that can deal with them...these are often people known to us, and they've been declared incompetent. Then, they end up in jail. That's not the place for them."

She said the police chief is trying to build a net for the mentally ill by working with the city prosecuting attorney.

"It's necessary to find solutions....for example, we have not one, but two individuals who are paranoid, and call 911 hundreds of times a day. Not only does this tie up 911 resources, but it ties up officer's time," said Wohl.

How Does One Find Out About An Incident Involving the Police?

Wohl said that the department has two databases. One is a computer-aided dispatch log, called a CAD log, which documents every call responded to by the department. For example, following a public records request, I looked at a CAD log summary from June 1 - July 1, 2012. It was 168 pages, with about 27 listings on each page. That's about 4,536 calls in the month of June. If a call becomes a case, then it is assigned a case number.

Meeting with Wohl a couple weeks ago, I inquired about a situation I had heard about and had done a public records request based on the information I knew: a big, deaf man was Tasered by Olympia police on Percival Landing in July. You'd think that would have garnered the necessary report, but since I did not know a case number, I was given a massive file of calls reported in July. I could not find the actual case.

After our interview, Wohl provided me the report.

Deaf Man Tased On Percival Landing - Mentally Ill or Just Singing and Dancing?

The case I specifically requested information about seems to illustrate many challenging issues facing the Olympia police department. Although the case is a matter of public record, Little Hollywood is choosing not to identify the individual or the officers. Whether the man involved in this case is actually mentally ill was not determined.

In a case the police classified as a "mental problem," Olympia police were dispatched to Percival Landing for a report of a disorderly adult male on July 4th. The caller who reported the man said that the person was running around yelling and screaming, appearing to be under the influence of something.

According to the officer's report, the man was large. The report says the man was 6'4 and 242 pounds. The officer says he made "several attempts to draw his attention to me, before I was immediately upon him. I yelled to get his attention, but he did not respond....He looked away from me, walked about 15' to the base of a tree, where he knelt down and started digging in the dirt with his hands...." The officer again attempted to get his attention, to no avail. The officer attempted to secure the man. The officer says,  "(I) drew my Taser CED, pointed it at (his) upper back" and directed (the other officer) to handcuff him. The man resisted, and (the first officer) again Tasered the man. The CED produced the desired affect, in that (the man) immediately stopped resisting and rolled to his back. He did remain tense...there was no further use of force, and no injury, other than 2 CED probe wounds."

"(The man) had now stopped screaming, but took a seated position on the ground and kept trying to scoot away from us. He still ignored all attempts to try to communicate with him. One citizen approached and told us she believes (the man) is deaf. That does appear to be the case. Medics responded to the scene and attempted to evaluate (his) condition. He was transported to St. Peter Hospital by private carrier. Upon medical clearance, (he) will be committed to Crisis Services for a psychological evaluation."

The report goes on to say that a supervisor was called to the scene, and conducted several interviews of people who witnessed the incident. A woman on the scene felt the officers used inappropriate force. The woman said that the man was "just singing and dancing on the grass, and said she didn't know why officers were called or what they were told, but did not feel that the male deserved the actions she had witnessed from the officers. She further stated she had not heard verbal commands given to the male."

Another woman interviewed said that she, her husband, and a friend did observe the male for about ten minutes and it did seem that his behavior was "odd."

Another person, the man who made the initial phone call to the police, said that it wasn't his intention to get the man in trouble, but that he thought the situation should be "checked out".

Another man approached the police officers and the supervisor and said he knew the man was deaf because he had witnessed an incident involving the man at the Salvation Army the day before.

In closing, the report by the supervisor, the acting sergeant of that shift, states, "The actions of both officers were within policy and met with the reasonable officer standard based on the totality of the circumstances."

According to Wohl, the case was also reviewed by the patrol lieutenant for the team involved, the professional standards lieutenant, the commander and the chief.

Wohl said the department does track the number of Taser uses by the department, and that information will be provided to Little Hollywood in January.

Police Oversight: Citizen Review or Police Auditor...or Neither?

According to Wohl, the Olympia police department does not have a police auditor - the position was cut for budgetary reasons in 2009. The department has never had a citizen review panel, although there has been discussion about it.

"It is very unusual for a department of our size to have a citizen review panel. If a citizen makes a complaint, a professional standards lieutenant does a complete investigation into policy and law. For some complaints, a dispute mediator is used, for example, if a complainant feels an officer was rude....it's different than any other employment situation. It's a full investigation when a complaint is made of any kind," says Wohl.

"After the professional standards lieutenant makes his or her findings, it is reviewed by the commander and chief of police. If it is sustained, disciplinary action is taken. If somebody doesn't like the determination, and feels they have been harmed, they can make a claim with the city, or file a civil liability tort, and sue us."

In the past, a police auditor reported directly to the city council. The auditor, hired on an annual contract, reported on a quarterly basis, and conducted an internal affairs investigation, looking into use of force and other complaints.

It is not clear from the July police report regarding the incident on Percival Landing how or whether training protocol designed to help police deal with the deaf and hard of hearing was followed. The report does not describe how the officers attempted to get the man's attention, how they missed the fact that he was deaf, nor does it say that the man attempted to use sign language or indicate to officers that he was hearing impaired.

Crisis Intervention Training for Police Officers

A 13 minute training video to help police deal with the deaf and hard of hearing has been viewed by all Olympia police department officers, says Sergeant Paul Johnson. The video and training course manual was reviewed by this reporter through a public records request in September.

The video is part of a 40 hour Crisis Intervention Training (CIT) course curriculum created in 2008. It is sponsored and prepared by several agencies including the National Alliance on Mental Illness, Providence St. Peter Hospital, Behavioral Health Resources, the Olympia Police Department, and United Way of Thurston/Mason County. The material is taught by guest instructors and adapted from Seattle, Portland, and Memphis police department curriculum.

Sergeant Paul Johnson says that "most officers" have been through the CIT course training. "My hope is that everyone can (take it). It's pretty expensive - it takes a week to put an individual through the class, and they have to be compensated by state law. So, getting off-duty officers to come in and take it is difficult," says Johnson.

Training Video to Deal With the Deaf and Hearing Impaired

According to the video, which outlines several scenarios and procedures for getting the attention of the deaf and hard of hearing, about 12% of the population has some form of hearing loss.

The video says that "when people have a hearing loss, they should let you know of their situation and how they will need to communicate...the individual may be very expressive with their hands and facial gestures. Be prepared for this as it is part of their communication. Also be aware that some persons who are hard of hearing may speak in a very loud voice. This has often been wrongly interpreted as someone who is angry and aggressive...by contrast, the person who is smiling at you and not responding may not be understanding you."

The video continues, "When giving instructions, keep in mind they cannot understand you if they cannot see your face. Explain procedure and demonstrate facing the person what you want them to do. This can also be a problem when applying handcuffs to the person. Again, first explain what you are going to do before you do it. Handcuffs will also not allow the person to use hand signals when trying to communicate."

The video also states that "just because they (those detained) are hard of hearing or deaf does not mean they cannot pose a threat," pointing out that there is a need to communicate differently without compromising one's safety.

Challenges and Future Conversations

Olympia compares itself to other cities based on city population, rather than department size. Some of our comparable cities are: Auburn, Bremerton, Federal Way, Lacey, Lakewood, Lynnwood, Marysville, Renton and Richland. However, Olympia is unique in several ways.

"For our size, we have a lot of activity - not necessarily criminal - but because we are the state capitol, we have an active citizenry. Other communities are not as active. One of our biggest challenges too, unlike other cities in the county, is that we have a downtown. It's a gathering place. We also have a traveling population, due to having a major transit station (Greyhound), and they don't necessarily have ties to the community," said Wohl.

Asked last week if there was anything else she'd like to add to help community members better understand the Olympia police department, Wohl said, "One thing that I don’t think most people understand is the nature and volume of work we have...people don’t call the police because they are having a good day – they call them when something has gone wrong. Officers often deal with people at emotional extremes and they do it calmly and effectively day in and day out."

For more information: The Olympia police chief meets with community groups, neighborhood associations, social service and civic groups upon invitation. If you would like to meet with Chief Ronnie Roberts, call Laura Wohl at lwohl@ci.olympia.wa.us or (360) 951-8889, or go to the police department webpage at www.olympiawa.gov.

No Interpreter: Scott Yoos Case Delayed Again

 

Above: Scott Yoos communicates using a white board and marker with Desdra Dawning, this morning at Thurston County Superior Court. Dawning came to meet Yoos, and hoped to schedule a time to interview him for the next issue of the Olympia Food Co-op newsletter. Yoos is a regular volunteer for the Co-op. 

No Interpreter: Scott Yoos Case Delayed Again

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The Thurston County Superior Court case against Olympia resident Scott Yoos has been delayed again. Another hearing has been scheduled for Wednesday, December 19th, at 1:30 p.m. 

Yoos, accused of a felony assault against a police officer, was initially cited for criminal trespass and obstructing justice on June 1, 2011 at 2302 Fourth Avenue in Olympia. (For more information about Yoos' case, use the search button and use key words on this blog at www.janineslittlehollywood.blogspot.com)

This morning, Yoos was upbeat before the hearing, writing on his white-board to communicate his thoughts with several supporters who were gathered outside the courthouse.

Yoos, who can hear, but cannot speak due to a head injury from a beating he suffered in 1984, responded to my morning greeting and question asking how he felt. He wrote, "As good as can be expected."

Yoos then wrote, "Today is Universal Declaration of Human Rights Day! It's a great day for a dismissal!"

Yoos' case was scheduled first on the docket this morning for 9:00 a.m.

After repeated delays in his case, many of them because a court-appointed sign language interpreter was not provided or available, Yoos' attorney, Larry Hildes, today intended to ask the court for a motion to dismiss the case.

It was not to be.

Judge Richard Strophy, who retired in 2009, was serving as judge pro-tem this morning and asked his court assistant to explain this situation.

According to administrative assistant Amy Hunter, the court appointed sign language interpreter she had arranged to be there this morning had left a voice mail over the weekend, cancelling his/her availability to be there Monday morning.  Hunter, who coordinates the interpreters, checked her voice mail this morning and discovered the message. By then, there was not sufficient time to notify all parties involved. Hunter said she proceeded to "scramble to find an interpreter from two sign language interpreter agencies, calling one in Seattle and one in Tacoma," but no one had yet gotten back with her.

Strophy wondered how next to proceed, saying he realized people were inconvenienced.

"This is at least the fifth time an interpreter hasn't been available," Hildes said to the judge. "We cannot go forward without an interpreter." Strophy then asked that his client join Hildes at the table to discuss the situation.

Yoos, holding his white board, momentarily lost his black marker, which had dropped to the floor, and it was handed to him by a supporter sitting nearby. Yoos joined Hildes and Strophy asked Hildes how well he can communicate with his client. "It's impossible  - - it's a violation of his rights under the American Disabilities Act."

Strophy said there were only three certified sign language interpreters in the state who sign the kind used by Yoos.

"My client is extremely frustrated, I'm extremely frustrated...it's getting to the point that the court cannot support Mr. Yoos and the case should be dismissed based on that alone," said Hildes.

Strophy agreed that the situation "was distressing, without pointing fingers, that it hasn't been resolved." Strophy then pointed out to Hildes that Yoos was writing on his white board. "I see Mr. Yoos is writing things on his white board that maybe you should know...."

Frustration was expressed by all parties as Thurston County Prosecutor Andrew Toynbee then took the opportunity to say that he didn't want the case dismissed, and that the court can accommodate Yoos' disability.

"I don't think his case is prejudiced....we have four witnesses here, officers, one who's been on duty since yesterday, one is missing a training, one is off duty, and one is on duty," said Toynbee. 

Hildes said he doesn't know why the state doesn't have more interpreters, saying, "It's not an uncommon language."

Hunter asked if she could check her voice mail to see if she's received a response. Strophy urged her to do so, saying, "Yes, make a last ditch effort...and take the most direct possible route."

Again Hildes asked for a dismissal, citing his future scheduling conflicts, if the court cannot manage to accommodate Mr. Yoos' disability.

Strophy called for a recess to meet with both counsels in his chambers to discuss items off the record. Upon their return, Strophy apologized for the inconvenience to all and postponed the hearing.

A spokesperson for Yoos said later that the case will be continued to Wednesday, December 19, 1:30 p.m, at Thurston County Superior Court. 

In a conversation later with Olympia Police Department Sergeant Paul Johnson, Johnson confirmed that the four police officers involved with the case were subpoenaed to be there as witnesses. "One sergeant was off duty, one sergeant was on duty, one officer was just getting off graveyard, and one went off duty at 3:00 a.m."