In re Detention of Williams
| Decision Date | 10 October 2002 |
| Docket Number | No. 71235-2.,71235-2. |
| Citation | 55 P.3d 597,147 Wash.2d 476 |
| Parties | In re DETENTION OF Eddie Leon WILLIAMS, Jr., Petitioner. In re Detention Of Darren R. Strong, Petitioner. In re Detention Of David William McCuistion, Petitioner. |
| Court | Washington Supreme Court |
David Trieweiler, Kevin McCabe, Seattle, for Petitioners.
Norm Maleng, King County Prosecutor, David Hackett, Deputy, Seattle, for Respondent.
Eric Nielsen, Terrence Kellogg, Seattle, Christine Gregoire, Attorney General, Sarah Sappington, Asst., Seattle, from Consolidated Case.
Eddie Williams and Darren Strong sought review of a Court of Appeals' decision holding that Civil Rule 351 applies to sexually violent predator commitment proceedings under chapter 71.09 RCW. David McCuistion sought discretionary review of the trial court's ruling on the same issue.
We hold that the rules of statutory construction require a finding that the State is not entitled to a CR 35 mental examination of an individual for whom the State seeks commitment as a sexually violent predator. We reverse the trial courts' orders granting the State's motions for CR 35 mental examinations of Strong and McCuistion and affirm the trial court's denial of the State's renewed motion for a CR 35 examination of Williams.
The King County Prosecuting Attorney filed a petition to commit Williams as a sexually violent predator under RCW 71.09.030 on January 25, 1999—while Williams was serving a sentence for third degree assault. Williams had been previously convicted of a sexually violent offense, second degree rape, in 1985. During his incarceration for assault, Williams was evaluated by Dr. Iris Rucker, a Department of Corrections psychologist, to determine if Williams met the statutory definition of a "sexually violent predator."2 After conducting clinical interviews and administering psychological tests, Dr. Rucker prepared a written report, dated January 23, 1999. In that report, Rucker summarized her findings as follows:
[G]iven the comprehensive review of Mr. Williams and his records, it is the opinion of this examiner that he does meet the statutory definition of a sexually violent predator. Mr. Williams' past sexual conduct and the risk factors reviewed indicate that if he were released into the community, he is at a very high risk to reoffend by committing predatory acts of a sexually violent nature against women. It is the opinion of the examiner that if Mr. Williams is to be at large, it is more likely than not that he will engage in future acts of sexual violence and that there are no less secure alternatives than that he be housed in a facility that is locked/secured.
The prosecutor retained Dr. Leslie Rawlings, a licensed psychologist, to further evaluate Williams for commitment. Dr. Rawlings conducted a records review and prepared a sworn declaration in which he stated: "[I]t is my professional opinion that Mr. Williams is more likely than not to engage in predatory acts of sexual violence if he is not confined to a secure facility." CP at 21.
After a 72-hour probable cause hearing conducted on February 9, 1999, the trial court ordered Williams "remanded to the custody of the Department of Social and Health Services at the Special Commitment Center in Steilacoom for an evaluation as described in RCW 71.09.040." CP at 67, 69.
Williams was unwilling to voluntarily participate in an interview with Dr. Rawlings, the prosecutor's expert. In August 1999, the State moved to compel a CR 35 mental examination. In his declaration supporting the motion, Rawlings stated:
It is my standard and preferred practice to personally interview people whom I evaluate within a reasonable period prior to offering my opinion regarding their current condition. In addition, a clinical interview of Mr. Williams, along with psychological and plethysmograph testing, will help ensure that I have a comprehensive set of data sources to allow for a full, complete, and current evaluation.
Williams opposed the motion, stating: "The State seeks to intrude into the mind, and body, of Mr. Williams to ask him questions about his most intimate sexual thoughts, his sexual history, his sexual fantasies and to physically test his sexual arousal to sexually explicit material." CP at 135.
The trial court issued the following order:
On December 10, the court denied the State's renewed motion for a CR 35 examination without comment. The State then sought discretionary review of the issue in the Court of Appeals.
Williams was accepted and consolidated with In re Detention of Darren Strong for review. In re Det. of Williams, 106 Wash. App. 85, 92, 22 P.3d 283 (2001). The Court of Appeals held that the State may obtain a CR 35 examination in a sexually violent predator proceeding upon a showing of good cause and remanded the matter to the trial court to determine whether good cause existed to grant the State's renewed CR 35 motion for a mental examination by Dr. Rawlings. Williams sought review by this court.
The King County Prosecuting Attorney filed a petition to commit Darren Strong as a sexually violent predator on August 25, 1999—while Strong was serving a sentence for second degree assault. Strong had been previously convicted of two sexually violent offenses, first degree child molestation and first degree rape of a child, in 1990. During his incarcerations, Strong was evaluated twice for commitment as a sexually violent predator by Dr. Paul C. Daley, a consulting psychologist with the Clallam Bay Corrections Center where Strong was housed. In his written report of February 11, 1999, Dr. Daley stated as follows:
Mr. Strong has committed a sexually violent offense (rape of a child first degree, child molestation first degree) as well as at least one crime (if not more for which he was not charged) wherein the crime, while not classified as a sexual crime, was clearly sexually motivated; ... he clearly suffers a "mental abnormality" or personality disorder... and ... it is clear that his mental condition makes it likely that he will continue to engage in predatory sexual violence. This examiner would rate Mr. Strong at the highest possible risk for continued sexual predation. He is the prototype of the type of person for whom civil commitment for sexual predator laws were made.
The prosecutor retained Dr. Richard Packard, a licensed psychologist, to further evaluate Strong for commitment. Because Strong declined to participate in this evaluation, Packard based his assessment on a review of the available records. In his report of July 30, 1999, Dr. Packard concluded:
Given the nature of Mr. Strong's mental abnormality, personality disorder and the characteristics of his history and offenses, and together with the lack of any specialized treatment, his present denial of ... any sexual problems, and the lack of a knowledgeable support system in the community capable of supervising such a multi-problem individual, it is my professional psychological opinion that Mr. Strong is more likely than not to continue to engage in predatory acts of sexual violence if not confined to a secure facility.
Following a hearing in accordance with RCW 71.09.040, the trial court found probable cause to believe that Strong is a sexually violent predator. The court ordered Strong held in custody at the Special Commitment Center pending trial. Strong was ordered to cooperate fully and completely in an evaluation as described in RCW 71.09.040(4).
Before trial, the State moved under CR 35 for Strong to submit to an interview and psychological testing to be conducted by Dr. Packard "[i]n order to arrive at the most complete and best informed opinion." CP at 203. The trial court granted the motion over Strong's objection, finding that: (1) Strong's mental condition is in controversy in the action; (2) Packard specializes in the evaluation and treatment of sex offenders; and (3) good cause exists for ordering Strong to submit to the examination.
The Court of Appeals consolidated Williams and Strong for review. Williams, 106 Wash.App. at 92, 22 P.3d 283. In Strong's case, the court held that the trial court did not abuse its discretion in ordering a CR 35 examination by Dr. Packard.
The Pierce County Prosecuting Attorney filed a petition to commit David McCuistion as a sexually violent predator on October 15, 1998—while McCuistion was serving a sentence for third degree rape and third degree assault. McCuistion had been previously convicted of a sexually violent offense, attempted indecent liberties, in 1980. Dr. Savio Chan conducted an interview and psychological evaluation of McCuistion during his incarceration for rape and assault. On May 21, 1998, Dr. Chan made an additional evaluation at the request of the Department of Corrections End of Sentence Review Committee. McCuistion declined to participate in the second evaluation. Based on the materials available for review, Chan opined "that Mr. McCuistion meets the criteria of a Sexually Violent Predator as defined in RCW 71.09, and that there is sufficient grounds to petition the court to detain him for further assessment." Resp't's Br., Attach. F at 9.
The prosecutor retained Dr. Richard Packard to conduct an additional evaluation in order...
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