Notice of Request for WSBA to File Amicus Curiae Brief

The WSBA Amicus Curiae Brief Committee considered a request that the WSBA appear as amicus curiae in the case State v. Athan. The defendant is appealing a decision of the King County Superior Court, which is now pending before the Washington State Supreme Court.

The facts in the Athan case are described as follows in the Court's order denying defendant's motion to suppress evidence:

On November 12, 1982, the body of a 13-year-old girl was discovered behind a store in the Magnolia neighborhood of Seattle. She had died by ligature strangulation. Semen was found in her vagina and on her right leg. The defendant was the boyfriend of the victim's older sister. A witness reported seeing the defendant on the day before wheeling a hand truck and a large box near the store where the victim's body was discovered the following afternoon. The police investigated leads implicating the defendant, but he was not charged and the crime went unsolved.
 
In 2002, homicide detectives submitted biological evidence found at the crime scene to the Washington State Patrol Crime Lab. A DNA genotype was identified, but it did not match DNA information in state or federal databases. The detectives then developed the ruse of sending the defendant (then living in New Jersey) a letter on the letterhead of a fictitious law firm, inviting him to join a fictitious class action law suit, and requesting him to return a form to the law office for that purpose. The detectives hoped to obtain a sample of the defendant's DNA if he licked the return envelope.
 
When the defendant returned the form, detectives turned it over to the WSP Crime Lab. The Lab opened the letter, photographed its contents, cut out a section of the envelope flap, and performed DNA analysis on the flap. The results implicated the defendant. He was arrested pursuant to warrant and provided a second DNA sample, which was tested and confirmed the earlier results.

The Committee recommended to the Board of Governors that the WSBA file an amicus brief. After discussion, the Board voted to table consideration of that recommendation to their meeting set for December 9-10, 2005, in Bremerton. The Board asked the Committee to articulate the specific issue(s) that it recommends be addressed by the WSBA. The Committee met on November 9, 2005. By unanimous vote, the Committee concluded that the appropriate issue to be addressed by the WSBA is the detrimental effect on the bar and the administration of justice if police are allowed to falsely pose as lawyers.

The Supreme Court has accepted review of State v. Athan, and argument is set for January 26, 2006.

Any person or entity may submit comments to the Committee and the Board of Governors on whether this request meets the criteria set forth in the WSBA Amicus Curiae Brief Policy, which may be reviewed at http://www.wsba.org/lawyers/groups/amicus/default1.htm. Comments should be addressed to Robert D. Welden, General Counsel, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. Comments must be received by Friday, November 18, 2005.