County Prosecutor Tunheim Interview on the Issues

Above: Thurston County Courthouse sign directs visitors. A 2017 independent report says Thurston County Prosecuting Attorney Office practices contribute to slow case management. In an interview, Prosecuting Attorney Jon Tunheim touts new case management protocols and programs.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

In his bid for a third term as Thurston County Prosecuting Attorney, Jon Tunheim is, for the first time, facing a challenger. 

In a recent interview with Tunheim, Little Hollywood focused on themes mentioned at his May 14 campaign kickoff party. It also took a deep dive into a 74 page independent report published in 2017 about Thurston County Superior Court felony case flow and calendar management.

Prosecutors in Washington State process all criminal cases, including those filed in Superior Court.

The report is particularly harsh in its findings about the Thurston County Prosecuting Attorney Office, saying the office does not have many policies in place that are standard best practices for trial courts.

Tunheim responded to the report and revealed new case management protocols currently underway.

National Center for State Courts (NCSC) Report

The report, published in June 2017 by the National Center for State Courts (NCSC), is titled “NCSC Felony Caseflow and Calendaring Study of Thurston County Superior Court.”

The consultants studied data and a sampling of cases within the prosecuting attorney’s office (TCPO), the public defender’s office (TCPD), and the court system, identifying a host of procedural and performance issues that causes delays, system inefficiencies, and productivity problems.

“Importantly, most everyone in the criminal justice system interviewed by the NCSC project team is dissatisfied with its functioning. To create the changes this report is recommending, every participant in the system, including the TCPO and the TCPD, must be willing to modify and reengineer their operations to improve overall system productivity for the public and for themselves,” it says.

The report is available online at http://www.co.thurston.wa.us/superior/documents/ncsc-report-20170601.pdf 

The NCSC consultants contend that lack of supervision of deputy prosecutors and ineffective pretrial conferences contribute to poor-quality decisions regarding which cases to take to trial. It also says there are too many trials. 

For those cases that do go to trial, approximately 50 percent end in not guilty findings or guilty findings to lesser charges.

Of 388 scheduled pretrial events, only 138 (35 percent) occurred on the date and time scheduled. The report says that this is a tremendously high percentage given the number of events that take place.

In blunt language, the report says that in-custody defendants’ length of stay at the jail is longer than it needs to be, the jail population is higher than it needs to be, and the current practices of the prosecuting attorney are a substantial cause of continuances, thus contributing to a slow case management system. 

Of the cases analyzed by NSCS investigators, the time from charging to disposition ranged from 28 days in a burglary case to 681 days in a drug sale case. Sex offense and drug sale/purchase cases took the longest to reach finality.

Pertaining to the handing over of case evidence, the discovery delivery process, the report illustrates communication difficulties between the prosecutor’s office and public defender’s office.

The report recommended that the prosecutor’s office overhaul its discovery delivery system to include a checklist so defense attorneys can see what is being delivered and is not yet delivered. This list should be entirely electronic, saying other counties have systems that could be copied.

“The Prosecutor believes in case management autonomy for his deputies. Although this may sound good in theory, in practice autonomy leads to large-scale plea agreement inconsistencies across his deputies. This is an issue of justice and fairness,” says the report.

To improve overall efficiencies, the report lists several major recommendations for the prosecutor’s office.

Above: Thurston County Prosecutor Jon Tunheim 

Photo by Janine Gates/Little Hollywood Media

Tunheim Responds To Report

In our interview, Tunheim was asked to respond to the report, which, to a layperson, appears particularly scathing toward the prosecutor’s office.

The report’s findings are important because the county’s criminal justice system eats up 76 percent of Thurston County’s general fund and the county commissioners are currently considering an expansion of the relatively new county jail. 

Tunheim said that “if there’s anything good that came out it [the report], everyone got their finger pointing done,” while pointing out the flaws in case flow and timeliness.

“There’s been a cultural issue with our Superior Court for a while now – nobody is holding anybody else accountable. It’s a delicate issue. Prosecutors and defenders work together in a relationship…of give and take on both sides…we try hard in this county to not be inappropriately adversarial. We try not to make it personal and try to understand each other’s hurdles.”

As a result of this relationship, Tunheim said there are continuances.

“Judges let lawyers make those decisions and were criticized in the report for not holding our feet to the fire,” he said.

Tunheim said he disagrees with the report’s comments on prosecution policy as there was no prosecutor involved in its writing.

“There were two consultants, a court administrator and a judge, both from large court systems. They are good system thinkers… (but)  I don’t feel like they understood that very well from a prosecutor’s perspective. Some things in there I just flat disagreed with on a philosophical policy level. All the system stuff about how we can move cases through – most of that I agree with.

“…There were admittedly things causing cases to be delayed. The discovery issues were less about discovery and more about when they get offers and are part of the negotiation process. We have been having a hard time getting discovery from the law enforcement agencies and that is putting some delay in our process because we can’t turn it over until we have it – and it takes time to do that,” said Tunheim.

New System Improvements

Tunheim says processes have improved since the report came out. New case management protocols which determine how a case moves through the system officially went live on June 1.

One of the recommendations in the report was for the process of discovery to be handled electronically.

“We all came to the table and came to specific agreements….The public defender’s office and the prosecutor’s office have been working together for the last six months to put a request for proposals out to get a new case management system that will hopefully be another improvement for all of us so we can exchange our discovery electronically, better schedule things and be all on the same page and use the system to better watch cases as they are moving through on the timeline.”

Felony Leadership Improvement Project (FLIP)

Tunheim described a new felony leadership improvement project (FLIP) that involves the leadership of the prosecutor’s office, public defender’s office, the court clerk, the court, jail, and pre-trial services to design a new case flow management system.

Meeting one and a half hours every month since last year, with a subcommittee meeting more frequently, part of their work is to set a realistic schedule for trial dates and design tracks for cases. The process is called differential case management - a good assessment at the very front of what a case might look like and how it might be resolved within a realistic timeframe.

Tunheim says a Thurston County murder case will take six months to a year to get to trial. A drug possession charge will take sixty to ninety days.

Addressing criticism in the report, Tunheim said he has felt unheard for a long time regarding the creation of a management system. 

In 2010, when another report was done about the court system, Tunheim said he advocated for a differential case management, but the court responded, “We don’t have the computer system to be able to do that.” Tunheim agreed it was a dinosaur of a system.

More case management fits and starts occurred as he worked with the previous county commissioner appointed public defender, Daryl Rodrigues, and it could never get rolled out.

“Finally, when the report came out, everyone was ok, let’s do this,” Tunheim says. He says the report unfairly implies that it’s the prosecutor’s office responsibility to develop a differential case management system.

“We can’t do that – it’s a system – so that’s why FLIP was so important – everyone finally came to the table and we were able to participate.”

First Look Unit

Tunheim’s new “First Look” unit is an idea that came out of the FLIP process. Its goal is to do a front end assessment of cases, contact the public defender’s office, and see which cases could be resolved quickly.

These cases often involve a significant addiction issue or are in need of some other kind of diversion. The unit’s purpose is to take a chunk of cases out of the system, so that the ones that are left get the prosecutor’s time and attention.

“Theft may be the case, but what (may be) driving it is the addiction…or maybe it comes in and nobody is arguing about what needs to happen, it just needs a plea offer to be made to see if we can resolve the case.”

Since January, about 150 cases have gone through the First Look process. It started with one deputy prosecuting attorney and Tunheim has since added two more, taking them away from other caseloads.

Tunheim credits one of his deputy prosecutors with coining the “First Look” phrase.

“I like it…it’s different. It proactively seeks out cases that could benefit from earlier resolution….I want to give it a very specific role and authority in the office…not make it just a process or a phone call.”

Law Enforcement Assisted Diversion (LEAD) Program

Tunheim was asked about the law enforcement assisted diversion (LEAD) program, a law enforcement led alternative to jail or other criminal justice response.

Tunheim took issue with points his challenger, Victor Minjares, made about it in an interview with Little Hollywood. Minjares had declared the county program a failure.

“I’m not ready to do that,” Tunheim said, saying it is a still a pilot project, begun last fall with the Lacey Police Department and the county sheriff’s department.

“It’s all set up, but we’re not getting the referrals from law enforcement. We’re still troubleshooting that…We’re in a way different environment than Seattle where it was created….We thought we could take this and do it on a county scale and that’s where we are running into our challenges. At the county, a deputy has someone in custody, and it’s easier for them to just take someone to jail and let the system work it out….Our feeling is that law enforcement doesn’t think it meets their needs right now.

“This may evolve, but if law enforcement would rather just take them to jail, our First Look program will take a look at the case and put it into community diversion.  Instead of charging them, release them from custody, and have mobile outreach meet them at the jail as they are being released to help them set up their plan. That’s our next step. I’m hopeful that will become our solution….We can make that happen. 

“That’s why I was concerned about the slow process. When FLIP is fully activated, that will reduce caseloads, and that burden will come down a little bit,” he said.

Speaking of caseloads, Little Hollywood asked about the morale of his team. 

In an office of 32 deputy prosecutors, 13 lawyers are assigned to felony cases. Last year, each deputy prosecutor had about 120 open felony cases at any one time.

The question led Tunheim into an animated conversation about the theory of hope.

Saying his style of leadership is driven by the concept of hope – the belief that the future can be better than the present and one’s ability to make it so, Tunheim says he has a good team that works well together. The office has experienced a very low turnover of lawyers over the past seven and a half years.

“We are creating a forward thinking culture for the community,” he said.

Editor’s Note/Clarification, June 4: In reference to the morale of Mr. Tunheim’s team and the number of open felony cases last year, Mr. Tunheim says each deputy prosecutor had 120 open felony cases, not a total caseload of 120 for the team. The reference has been corrected.

For more information about the campaign for Thurston County Prosecutor, go to “County Prosecutor Tunheim Defends Career, Successes,” at https://janineslittlehollywood.blogspot.com/2018/06/county-prosecutor-tunheim-defends.html and “Minjares Makes Case for Prosecuting Attorney Race,” at https://janineslittlehollywood.blogspot.com/2018/05/minjares-makes-case-for-prosecuting.html

County Prosecutor Tunheim Defends Career, Successes

Above: Thurston County Prosecutor Jon Tunheim speaks at his campaign kick-off party held May 14 at St. Martin’s University in Lacey.

County Prosecutor Has Challenger in Reelection Campaign

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“I was a soldier in the War on Drugs,” said Thurston County Prosecutor Jon Tunheim, speaking to a room of over 200 supporters at his campaign kick-off party held May 14 at St. Martin’s University in Lacey.

In his speech titled, “The Changing Notion of Justice,” Tunheim chronicled the role of prosecutors, the definition of justice, and changing attitudes toward issues of addiction and mental illness.

Defending his career in a campaign for re-election, Tunheim did not shy away from admitting his role as a tough prosecutor in the 1980s. He said he prosecuted criminals to the fullest extent of the law.

“The rhetoric was all about fighting the fight and winning the war. Justice for a prosecutor back then meant getting the conviction, getting that long sentence. Our performance was measured by conviction rates and sentence length….I tried a lot of cases and frankly, won most of them.”

Tunheim said he used to jokingly say that dismissal was not in his vocabulary.

Tunheim explained that while the crime rate has gone down, the national criminal justice system has become one without compassion and hope.

While some cases need a criminal justice resolution, Tunheim said, reform means changing the definition of a win, whether it means dismissing a case, getting someone into treatment or alternatives to correct issues, or not charging someone.

Citing reform effort successes, Tunheim mentioned the establishment of the Monarch Children’s Advocacy Center and the establishment of several alternative, therapeutic courts: drug, mental health, driving under the influence, and veteran’s court, the first such court in Washington State.

Tunheim touted Thurston County’s court programs as a model system and mentioned a new unit, called “First Look,” established to proactively identify cases that would be appropriate for diversion prior to charging.  He mentioned the creation of the Family Justice Center, construction of a new mental health triage unit, and a new case management protocol for felony cases.

“The new model of justice is smart on crime. Smart does not mean soft on crime….There is evil in this community…and prosecutors still need to be on the front line to protect the community from that evil,” he said.

While the crowd ate pulled pork sandwiches, baked beans and coleslaw, about 20 elected officials stood when recognized, as did about 12 deputy prosecuting attorneys. The other attorneys, Tunheim said, were doing their jobs, “keeping the community safe.”

In the end, Tunheim received a standing ovation.

The position of prosecuting attorney and the issues associated with it may not be on voters’ radar because current Thurston County prosecuting attorney Jon Tunheim has never had a challenger. Now he does.

Local attorney Victor Minjares, who is running on the issues of reform, respect, and justice, says there are serious issues with the criminal justice system in Thurston County.

Little Hollywood interviewed Minjares for an article posted May 3 at http://janineslittlehollywood.blogspot.com/2018/05/minjares-makes-case-for-prosecuting.html

Tunheim first took office in 2010 and is running for his third term. Each term is four years. Before Tunheim, Ed Holm had been prosecutor for three terms, from 1999 to 2010 and did not run for reelection. Tunheim, who was chief criminal deputy prosecutor at the time, ran for the position and won, and won reelection in 2014.

Tunheim first joined the Thurston County Prosecuting Attorney’s Office as a legal intern in 1988 and has won many awards for his community service.

Minjares and Tunheim are running as Democrats.

Coming Up Next: Little Hollywood recently interviewed Tunheim on themes mentioned at his campaign kickoff party and took a deep dive into a 2017 independent report about Thurston County Superior Court felony case flow and calendar management. Tunheim responds to the report, which is particularly harsh in its findings about the processes within the Thurston County Prosecuting Attorney’s Office. 

Above: Thurston County Prosecuting Attorney Jon Tunheim filled a room with supporters at his campaign kick-off party on May 14.

Editor’s Note/Clarifications, June 3: An edit was made to clarify that the treatment courts were established prior to Tunheim’s election as prosecuting attorney. An edit was also made to clarify that the Family Justice Center is not a jail program. It is a program that provides support and services to victims and survivors of domestic violence and human trafficking. It is located in the Family Support Center of South Sound and is a partnership between the Prosecutor’s Office, the Sheriff’s Office, the County Clerk’s Office and the Family Support Center.

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."

Scott Yoos Trial Scheduled For August 13

Above: Scott Yoos, center, stands outside the Thurston County courthouse on Wednesday with supporters, prior to his pre-trial hearing.

Scott Yoos Trial Scheduled For August 13

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The Thurston County Superior Court trial date for Scott Yoos, an Olympia citizen accused of a felony assault against a police officer, has been scheduled for August 13.

Attorney Larry Hildes represented Yoos at the hearing held on Wednesday, April 18. Hildes took the Yoos case in February, and told Judge Carol Murphy that he needed more time to review his client’s information. Citing his existing workload and a recent vacation, Hildes said he had been unrealistic about the file he inherited from Yoos’ previous attorney and needed more time to gather information for the case. The judge issued an order of continuance.

Hildes submitted to the court a lengthy list of discovery requests, which includes disclosure of all police reports and logs related to the arrest, a map of the patrol area for the officer initially responding to the incident, and copies of all training materials for the police department on how to deal with deaf, hearing impaired and mute individuals, and disabilities of any kind.

Yoos, who pronounces his last name like “Yose” as in ‘Yosemite’ (National Park), is mute and typically uses a white board and marker or a pen and paper to communicate with other individuals. He can hear, and also uses sign language.

Before the hearing began, Yoos wrote a message to this reporter, saying, “…I’m hopeful and grateful that Larry and Karen (his wife) drove clear down from Bellingham.” About the new trial date, Yoos wrote, “We’re doing it several months in the future so that we have ample time to present motions.”

During the hearing's time frame in which several other cases were heard before Yoos’ case, prisoners in bright orange jumpsuits, tightly shackled with handcuffs around the hands and chains around their waists and feet, shuffled forward to the podium with their attorneys and were greeted and questioned by the judge about their cases. One prisoner wore a grey t-shirt that read, “Thurston County Sheriff’s Office Work Crew Inmate.”

Yoos, who is free and wore regular clothes, communicated with his attorney using a white board and blue marker and frequently used a rag stuffed in his left side pocket to erase his messages.

The Case Against Yoos

According to police records, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011 at 2302 Fourth Avenue, Olympia, at 2341 hours. The property is the site of Twister Donuts.

The case originally was to be heard in the municipal court of the city of Olympia.

In his police report, Officer Randy Wilson writes that he saw Yoos enter the parking lot and go towards the Dumpsters and a fence by Curtis lumberyard.

“By the time I entered the lot, Yoos was behind the dumpster. Yoos tried to leave and I physically had to stop him. I learned he used sign language, so I assumed he was deaf. I began to communicate via notepad. I wrote down he was being investigated for criminal trespass. Yoos got agitated and refused to ID himself. While writing with him, he tried to leave on his bicycle at least 3 times. We tried to get him off his bicycle and he resisted. He was taken down to the ground and handcuffed. I later learned from Officer Watkins that on 8/10 Yoos had been trespassed from the property by Officer Hincichs. See C&I.”

Copies of Officer Wilson’s and Yoos’ handwritten questions and answers to each other include: Wilson's - “Do you have ID?" and "Write your name and birthday down” and Yoos' - “What have I done wrong?” and “I threw away a bag, is that illegal? You’d rather I littered?”

According to the police report, Yoos is 5’9 and weighs 155 pounds. Police reports detail the incident and actions by the four Olympia police officers who responded to the scene, Officers S. Costello, Jason Watkins, and Randy Wilson and Sgt. Paul Johnson.

Officer Costello’s report indicates that Yoos was “using sign language in a way that looked like he may hit one of us. He was slapping his hands and motioning wildly at us. I summoned Officer J. Watkins via police radio because I know he can communicate using American Sign Language.”

Officer Costello’s report goes on to explain that use of force was used to take away Yoos’ bicycle and take Yoos to the ground: “I laid the bicycle down and noted that Officer Wilson was trying to take Yoos to the ground. He’d become resistive at that point. As I got clear of the bicycle Officer Wilson was trying to use an arm bar technique to get him to the ground. As he was going to the ground I grabbed his right wrist area. Officer Wilson secured his left arm and I grasped his right wrist. Yoos was rolling on the ground and was still resisting us. I used my right knee on his neck and applied pressure, keeping him on the ground. Officer Wilson was able to secure Yoos in his handcuffs.

Officer Watkins’ report states that he knows American Sign Language, “…but I am only conversational and not certified as an interpreter or anything else.” He describes helping Officer Costello with standing Yoos up and subduing Yoos when he continued to resist the officers.

The Watkins report reads, in part: “While Officer Costello was searching Yoos I maintained downward preassure (sic) with my right arm along the upper portion of Yoos’ torso in order to keep him in the bent position and a position of disadvantage because he had been actively resisting. Yoos tried standing straight up a couple of times but I was able to maintain control of him. Yoos was screaming but not saying anything while he was being searched…."

Watkins later writes, “Yoos was placed into a temporary cell in preparation for booking and I re-contacted him there....I asked Yoos if he could hear and using only sign language he told me he was hard of hearing and in 1984, he suffered a head injury that made it so he was mute. Yoos told me he signed using English sign language rather than American Sign Language which is what I’m familiar with but we were still able to communicate….After I had cleared the Jail I was later called back by Corrections Officer Johnson. When I arrived Yoos had been released and was just outside of the Jail’s parking lot. I was told Yoos needed clarification regarding he had to go to court services tomorrow at 0830 hours, to obtain a court date and that is what I explained to him again using both my voice and sign language.”

Report by Sgt. Paul Johnson

According to a report, City of Olympia Sgt. Paul Johnson is the one who accuses Yoos of kicking him. His report is dated June 27, 2011. The incident occurred on June 1, 2011.

In part, his report reads, “Officer Costello transitioned to a gooseneck counter joint technique and applied pressure. Yoos at this point lunged toward me lifting his foot impacting my left thigh. The impact pushed me back at which point Yoos using the same foot kicked the headlight of a nearby patrol car attempting to break it. I advised the officers I was fine and suggested taking Yoos to the hood of patrol car. Yoos’ upper torso was then forced down onto the hood of the vehicle and was re-secured in handcuffs.” According to the report, Yoos was then transported to the Olympia police department for processing, booked, and released.

As a result of Johnson’s report, Yoos’ case was bumped up to the Superior Court of Washington in Thurston County. In a document dated August 8, 2011, Yoos was charged with three counts: assault in the third degree, a Class C felony; criminal trespass in the second degree, a misdemeanor; and resisting arrest, also a misdemeanor.

Yoos' Supporters Speak Out

On Wednesday, friends and supporters of Yoos met at the courthouse prior to the hearing to express their support for Yoos. About a dozen went into the courtroom with Yoos to witness his pre-trial hearing.

Yoos supporter John Newman said, “Being charged with assault at taxpayer’s expense is unjust. Scott’s been a great local volunteer in the city of Olympia for several nonprofits. I think he was innocent and wanted to go home.”

Aaron Zanthe also expressed support for Yoos. “I’m definitely supporting Scott. I’m a friend and an advocate for people of neurodiversity. He came to a community event I organized. I find his story very moving. I’m well-adjusted to listening to stories of people who face abuse and aren’t capable of defending themselves, and this is reflected in my work. I find it distressing that Scott was assaulted by anyone, especially those entrusted with public safety and that his sign language was interpreted as a sign of aggression.”

After witnessing the hearing, supporter Chris Stegman said, “The whole thing reeks of an unjust system gone awry, a cover up of police misconduct and an overreach of authority and inappropriate detention, the threat of which is what led Scott to try to escape the scene in fear for his safety. How would it feel to the average person to be detained by up to four armed police officers at 11 pm in a dark alley out of public sight, all for throwing some paper napkins in a city of Olympia Dumpster? I'm ready to peacefully riot if this case goes through and he gets convicted of any felony, for resisting arrest, obstruction of officers duties, or whatever. This is a gross miscarriage of justice that it has gone this far without being dismissed.”

An Interview with Scott Yoos

After arranging for an interview time and place through text messaging and email, I sat down with Yoos for an in-person, hour long interview today. I asked him about the police reports, showed him specific passages I had questions about, and asked him for his thoughts.

The process was time intensive, as I do not know sign language. I had to be patient and let Yoos write his answers to my questions, and not interrupt him if I thought I knew what he was going to write. A few times, I did interrupt. Sometimes it helped, sometimes it didn't. Yoos often nodded and laughed if I guessed what he was going to write. When I didn't guess correctly, Yoos seemed to hide what he was writing until he was finished, then showed me his complete thought. He used two full sized pieces of paper and covered both sides, twisting and turning the pages around, covering the white space.

This is what we were able to accomplish:

I looked at Yoos directly and asked him if he was hard of hearing. He wrote, "Never. I've been mute since 1984 due to a severe head injury."

I referred to Office Watkins' report where Watkins wrote, "I asked Yoos if he could hear and using only sign language he told me he was hard of hearing and in 1984, he suffered a head injury that made it so he was mute. Yoos told me he signed using English sign language rather than American Sign Language...."

In response, Yoos wrote, "He misinterpreted my sign - I'm most comfortable with S.E.E., not A.S.L."

Yoos then wrote, "There is really so much to say. I've been stewing in this for nearly a traumatic year."

Yoos pointed out the words Officer Costello used in his report, "He was slapping his hands and motioning wildly at us." In response to this, Yoos wrote, "I really resent their choice of words. Anything to make me sound crazy and violent. I was merely trying to communicate via sign."

Yoos also took issue with Officer Costello's report and the words, "I laid the bicycle down..." In response, Yoos wrote, "He tore my bike from underneath me and threw it to the side."

When I asked Yoos why he and Officer Wilson shared the same notebook, Yoos wrote, "They took my pen."

When I asked Yoos how long it took for Officer Watkins, who knew sign language, to arrive to the scene and if he helped, Yoos wrote, "By the time he arrived to "help" I was handcuffed."

Yoos also wrote, "What happened to me that night was entirely undeserved, and too many half-truths and bald faced lies have been told about my behavior, to allow it to remain unchallenged. This is why we need to push for video surveillance of arrests. There needs to be something to "police" the police! It's a matter of public safety. I believe that video coverage would have entirely vindicated me and would have gotten the O.P.D. (Olympia Police Department) in trouble."

Yoos also wrote, "I'd like to point out/emphasize that I was merely a bicycle commuter headed home. I was wearing a reflective orange vest and had a red blinking light on the rear of my bike. If I'd been doing something criminal, I wouldn't have been dressed to be seen!"

Finally, Yoos wrote, "I'm so grateful for your interest! There are so many people and things which I love about this town. A militarized police force and their stormtrooper mentalities is not one of them!" Yoos also wrote that he has a support group address on Facebook and wanted me to include that information in my article.

A legal defense fund has been set up to cover attorney's fees for Yoos' defense. Donations can be endorsed to "Scott Yoos - LDF" and walked in or mailed directly to: Scott Yoos – Legal Defense Fund, c/o Washington State Employees Credit Union, 2302 Harrison Ave NW, Ste 201, Olympia, Washington 98502. Donations can also be made online at https://donationpay.org/scottyoos/. Supporters say 100% of the amount donated will go to the Scott Yoos Legal Defense Fund.

A Facebook account has been set up at http://www.facebook.com/pages/Scott-Yoos-Support-Committee-Legal-Defense-Fund/222716127776108 or you can just type Scott Yoos Legal Defense Fund.

Supporters have organized a fundraiser for Yoos on Sunday, May 20th at 7:00 p.m. at Traditions Fair Trade, 300 5th Avenue, in downtown Olympia, for an event with singers, spoken word artists, and musicians. Pie and food will be provided for free.