Perjury Ruling

HONORABLE JULIE SPECTOR Department 3 Hearing Date: June 26, 2018 Oral Argument Requested IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR KING COUNTY Commissioner Eric Watness, as Personal Representative of the Estate of Charleena Lyles; Karen Clark, as Guardian Ad Litem on behalf of the four minor children of decedent, Plaintiff, V. The City of Seattle, 3 Municipality; Jason M. Anderson and Steven A. McNew, individually, Defendants. NO. 17-2-23731-1 SEA ORDER GRANTING DEF MOTIONS FOR CIVIL RULE SANCTIONS AND TO STRIKE INADMISSIBLE MATERIALS DENYING IMPROPER MOTION THIS MATTER having come before the undersigned Judge of the above-entitled Court pursuant to Defendants Jason Anderson and Steven McNew, and the City of Seattle?s Joint Opposition to Plaintiffs? Improper Motion Regarding Unsupported Allegations of Perjury and Joint Motions for Civil Rule 1 I Sanctions and to Strike Inadmissible Materials in the above-entitled cause, and the Court having read and considered the records and ?les herein, including: ORDER GRANTING DEFENDANT MOTIONS FOR CIVIL RULE 11 SANCTIONS AND TO STRIKE INADMISSIBLE MATERIALS AND DENYING IMPROPER MOTION - 1 cot?? CHRISTIE Law Gnour. PLLC 2100 WESTLAKE AVENUE N., SUITE 206 WA 98 I09 206-957-9669 Peter S. Holmes Seattle City Attorney 70] 5th Avenue, Suite 2050 Seattle, WA 98104 7097 (206) 684-8200 Plaintiffs? Motion for Finding that Officer Jason Anderson has Probably Committed Perjury and for Transmittal to the Prosecuting Attorney Pursuant to RCW 9.72.090; 2. Declaration of Karen Koehler in Support of Plaintiffs? Motion for Finding that Officer Jason Anderson has Probably Committed Perjury and for Transmittal to the Prosecuting Attorney Pursuant to RCW 9.72.090, with Exhibits; 3. Defendants? Joint Opposition to Plaintiffs? Improper Motion Regarding Unsupported Allegations of Perjury and Joint Motions for Civil Rule 11 Sanctions and to Strike Inadmissible Materials; 4. Declaration of Megan M. Coluccio, with Exhibits; 5. Declaration of Jonathan Pong; 6. Declaration of Travis Smith; 9. and the Court being fully advised in the premises, now, therefore, The Court ?nds and concludes as follows: 1. Plaintiffs? counsel, Ms. Koehler and Mr. Moore, intentionally filed a baseless motion, lacking any support from the factual record or existing law, attacking the character and credibility of Defendant Officer Jason Anderson, at the cost of his right to a fair trial, on the anniversary of Ms. Lyles? death as a means of garnering media attention; 2. Ms. Koehler and Mr. Moore ?led the subject motion at 1:26 pm. on June 18, 2018; 3. At 1:55 pm. on June 18, 2018, a media outlet published screen captures of the subject motion; ORDER GMNTING DEFENDANTS, CHRISTIE Law GROUP. PLLC MOTIONS FOR cwu. RULE 1 1 SANCTIONS AND 2100 warms AVENUE N., Sum: 206 TO STRIKE INADMISSIBLE MATERIALS AND SEATTLE, WA 98109 DENYING IMPROPER MOTION-2 306-957-9669 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Ms. Koehler and Mr. Moore intentionally did not serve Defendants with the subject motion 4. until 2:06 pm. on June 18, 2018. 5. Ms. Koehler and Mr. Moore?s motion inappropriately asked the Court to invade the province of the fact ?nder, the jury, and to exceed the bounds of itsjurisdiction, requesting a criminal determination on the credibility of a witness and party to this litigation; 6. Ms. Koehler and Mr. Moore accuse Seattle Police Of?cer Jason Anderson, a party, of the crime of perjury; 7. Ms. Koehler and Mr. Moore ?led previously undisclosed discoverable expert materials; 8. Ms. Koehler and Mr. Moore represent to this Court that the Seattle Police Department has created a video the audio of Of?cers Anderson?s and McNew?s In Car Video (ICV) systems to surveillance footage obtained from Solid Ground; 9. Ms. Koehler and Mr. Moore ?led and disseminated to the public portions of Of?cer Anderson?s video deposition before the time period for con?dential designations had passed under this Court?s Protective Order; 10 . Ms. Koehler and Mr. Moore?s motion repeatedly references the Seattle Police Department?s Body Worn Video Policy, which did not go into effect until September 20 I 7, months a?er the subject incident; . Ms. Koehler and Mr. Moore?s motion also comments on the Force Investigation Team (FIT), Crime Scene Investigation (CSI), and Force Review Board handling of the subject incident; [9ij ORDER GRANTING MOTIONS FOR CIVIL RULE 1 SANCTIONS AND TO STRIKE MATERIALS AND DENYING IMPROPER MOTION - 3 CHRISTIE Law GROUP, PL LC 2100 WESTLAKE AVENUE SUITE 206 BATTLE, WA 981 09 206-95?-9669 Peter S. Holmes Seattle City Attorney 701 5th Avenue, State 2350 Seattle, WA 98104 73W (206) 634-82516 12. Ms. Koehler and Mr. Moore?s motion lacks good faith arguments; 13. Ms. Koehler and Mr. Moore?s motion was ?led, and the media was alerted of the ?ling before Ms. Koehler and Mr. Moore served Defendants; 14. Ms. Koehler tweeted/retweeted multiple news articles with bylines referencing perjury and Officer Anderson; 15. Ms. Koehler and Mr. Moore had the opportunity to retain an expert capable of analyzing the video and audio produced in discovery in advance of taking any depositions in this case. For reasons unknown, Ms. Koehler and Mr. Moore did not elect to do so before deposing Defendant Of?cers Anderson and McNew; 16. Ms. Koehler and Mr. Moore had the opportunity to thoroughly cross-examine Officer Anderson over the course of fourteen hours. At no point did Ms. Koehler utilize a video such as the video offered to this Court as Exhibit 10 to her declaration, in cross examining Of?cer Anderson; 17. Of?cer Anderson consistently stated in his FIT interviews that the door to Ms. Lyles?s apartment was closed at the time lethal force was used. Officer Anderson was consistent in his recollection to FIT with respect to the confined space, short distance, and lack of shielding at the time lethal force was used; 18. Of?cer Anderson testi?ed consistent with his FIT interviews at deposition with reSpect to the door being closed at the time he ?red his weapon. O?icer Anderson testi?ed that he completed ?ring his weapon before Opening the door and stepping into the hallway to create ORDER GRANTING Cums-rm LAW emu?. PLLC MOTIONS FOR CIVIL RULE I SANCTIONS AND 2l00 WESTLAKE AVENUE N., SUITE 206 TO STRIKE INADMISSIBLE MATERIALS AND Seams. WA 98109 DENYING PLA IMPROPER MOTION - 4 306-957-9669 Peter S. Holmes Seattle Ity Attorney 3'01 5th Avenue, Smte .J-Llh? Seattle, WA 98104-1119? (206) 684-8200 19. 20. 21. 22. 23. 24. 25. Space between him and Ms. Lyles; The Protective Order entered by this Court provides a party with 30 days from the receipt of a deposition video to designate con?dential portions. Officer Anderson?s counsel received the video from his April 26, 2018 deposition on May 29, 2018. Under the Protective Order, Of?cer Anderson?s counsel has until June 28, 2018 to make con?dential designations to the video; The City of Seattle propounded discovery on Plaintiffs on May 1 1, 2018. Plaintiffs? responded to the City?s discovery on June 12, 2018. Plaintiffs? produced no documents with respect to proffered expert Wilson Hayes; Proffered expert Wilson Hayes was not identi?ed before the ?ling of Plaintiffs? motion. Defendants had no opportunity to meet and confer with Plaintiffs regarding this discovery de?ciency before the motion was ?led; Experts must meet the requirements under the Evidence Rules and Frye; Mr. Hayes is not a video analyst. The authored by Mr. Hayes and offered to this Court did not utilize original audio or video ?les. Instead, Mr. Hayes used redacted video and audio ?les from the publicly released video created by SPD. Mr. Hayes? methods are not reasonable or reliable; The Seattle Police Department has not created or released a video; Mr. Hayes? Ex. 10 to Ms. Koehler?s declaration, is not reliable or credible expert evidence meeting the requirements of Frye or ER 702; ORDER GRANTING Cumsns LAW snoop. PLLC MOTIONS FOR CIVIL RULE I SANCTIONS AND 2100 WESTLAKE AVENUE N., SUITE 206 TO STRIKE INADMISSIBLE MATERIALS AND SEATTLE. 93:09 DENYING PLA MOTION - 5 206-957-9669 Peter S. Holmes Seattle City Attomey 701 5th Avenue, Suue 2050 Seattle, WA 98104-7097 (206} 684-8200 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Defendants noti?ed Ms. Koehler and Mr. Moore of their motion for sanctions under CR 1 1 via written letter; Under existing law, there is no civil claim for perjury; It is not the Court?s role to be the fact ?nder or to comment on the credibility of a witness or Party; All counsel, including Ms. Koehler and Mr. Moore, are bound by the Rules of Professional Conduct, Civil Rules, and the decorum of this Court; Ms. Koehler and Mr. Moore have ?led a motion in violation of CR 1 1. Ms. Koehler and Mr. Moore?s motion has no basis in existing law or the facts of this case; The motion lacks good faith arguments and serves no other purpose than to harass Defendants, generate media attention, in?ame the public, and materially prejudice these proceedings; Ms. Koehler and Mr. Moore purposely ?led this motion on the anniversary of the subject incident and disseminated it to the media; Ms. Koehler and Mr. Moore, or someone on their behalf, intentionally provided or alerted the media to the subject motion before serving Defendants; Ms. Koehler?s subsequent tweets/retweets of various news articles stand as extrajudicial statements of a party?s credibility, character, and reputation under RPC 3.6. Such comments are materially prejudicial in light of the ongoing litigation; Ms. Koehler and Mr. Moore?s failure to produce the materials of Wilson Hayes in response to the City?s discovery requests is a discovery violation; 3? K951399501 ORDER GRANTING CHRISTIE Law GROUP. PL LC MOTIONS FOR CIVIL RULE 1 1 SANCTIONS AND 2100 Wasnxxe AVENUE N.. Some 206 TO STRIKE MATERIALS AND SEATTLE WA 98109 DENYING IMPROPER MOTION - 6 3059573659 Peter S. Holmes Seattle City Attorney 70] 5th Avenue, Suite 205-?! Seattle, WA 98l04- (206) 684-3200 36. 37. 38. 39. 40. 41. 42. 43. 44. Ms. Koehler and Mr. Moore?s dissemination of Officer Anderson?s video deposition to the public before the 30?day time period for con?dential designations is a violation of the Court?s Protective Order; Defendants have been materially prejudiced; A combination of monetary and other remedies is warranted; The Court has considered lesser sanctions and concludes that lesser sanctions would not cure the sevei?prejudice to Defendants; Defendants? motion is justi?ed, and there are no other circumstances that make a monetary award unjust: The reasonable fees and expenses incurred in reSponding to Ms. Koehler and Mr. Moore?s motion are to be determined after submission of and review a fee petition by Defendants? counsel; Ms. Koehler and Mr. Moore are directed to rejiew the Court?s Civil Rules; Ms. Koehler and Mr. Moore are directed to review the Rules of Professional Conduct; Ms. Koehler and Mr. Moore are directed to comport with their duties and obligations as officers of the Court. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: Plaintiffs? Motion for Finding that Of?cer Jason Anderson has Probably Committed Perjury and for Transmittal to the Prosecuting Attorney Pursuant to RCW 9.72.090 is WOW ORDER GRANTING Cums-rm LAW Gm, pm: MOTIONS FOR CIVIL RULE 1 I SANCTIONS AND 2100 WESTLAKE AVENUE SUITE 206 TO STRIKE MATERIALS AND SEATTLE, WA 98109 DENYING IMPROPER MOTION - 7 2063519669 Peter S. Holmes Seattle City Attorney 5th Avenue, Sutle 2050 Seattle, WA 98104-7097 (206) 684-8230 Defendants Motion for Civil Rule 1 Sanctions is GRANTED, Ms. Koeliler and Mr. Moore are ORDERED to pay Defendants reasonable fees and costs in to be determined after the submission and review of Defendants? fee petition, which shall be paid to The City of Seattle within 20 days of this Order. Ms. Koehler and Mr. Moore are further ORDERED to comply with the Washington Civil Rules and Rules of Professional Conduct and to maintain the decorum afforded to Defendants and this venue; Defendants Motion to Strike is GRANTED, Exhibits 9 and 10 to the Declaration of Karen Koehler (Dkt. 147) and references to the Seattle. Police Department?s Body Worn Video policy are hereby STRICKEN. an DONE IN OPEN this app day Of June, 2013. SPECTOR Presented by: CHRISTIE LAW GROUP, PLLC By Isl Megan M. Coluccio MEFAN M. COLUCCIO, WSBA #44l78 Attorney for Defendants Jason M. Anderson and Steven A. McNew SEATTLE CITY OFFICE By Ghazal Shari? Ghazal Sharifi, WSBA #47750 Attorneys for Defendant City of Seattle 5325'] ORDER GRANTING MOTIONS FOR CIVIL RULE 11 SANCTIONS AND To STRIKE INADMISSIBLE MATERIALS AND DENYING IMPROPER MOTION 3 CHRISTIE LAW GROUP. PLLC 2100 WESTLAKE AVENUE N. SUITE 206 SEATTLE, WA 98109 2063519669 Peter 8. Holmes Seattle Ci ty Attorney 3?0! 5th Avenue, Suite 2050 Seattle, WA 93l04-?I09? (206) 684-8200 ORDER GRANTING MOTIONS FOR CIVIL RULE 11 SANCTIONS AND TO STRIKE INADMISSIBLE MATERIALS AND DENYING IMPROPER MOTION - 9 CHRISTIE GROUP. PLLC 2100 WESTLAKE AVENUE N., SUITE 206 WA 98109 206-957-9669 Peter S. Holmes Seattle City Attorney 701 51h Avenue, Sunte 2050 Seattle, WA 98104-709? (206) 684 8200