WASHINGTON v. FAIRE: deputy prosecutor seeks another delay

WASHINGTON v. FAIRE: State misses filing date; seeks delay

Yakima, WA

The State of Washington missed the filing date of May 13, 2019, for the supplemental Verbatim Report of Proceedings (VRP) and has requested yet another extension. Tamara Hanlon, special deputy prosecutor representing the State, sites the reason for the extension: “so that the ends of justice might be served.”  Hanlon continues, “This motion is not made for purposes of delay or tactical advantage.”

Hanlon is seeking a ten day extension for the VRP in this case.

Series of Delays

Arian Noma took over the duties of Okanogan County Prosecutor on November 28, 2018. Since that time, it has been one delay after another in the Faire case:

• December 18, 2018, Okanogan County Prosecutor Arian Noma filed a motion to extend time to file. The court granted this motion and extended the time to file the brief to February 19, 2019.
  • NOTE: originally the court expected the brief to be filed on December 23, 2018 however Branden Platter left office before he filed a brief
    
• February 4, 2019, two weeks before the brief was due, Noma filed a notice of withdrawal and a substitution of counsel. Noma was replaced by Special Deputy Prosecuting Attorney Tamara Hanlon  out of the Yakima County Prosecutor’s Office.
  • NOTE: even though the above referenced notice was filed with the appellate court on February 4, 2019, the notice is dated January 23, 2019. One has to ask the obvious question why was the filing delayed?
• February 5, 2019, the court notifies the parties that the brief is due March 22, 2019.
• March 12, 2019, ten days before the brief is due, Hanlon files a Supplemental Statement of Arrangements; requesting transcripts of all court hearings, Verbatim Report of Proceedings (VRP) going back to June 19, 2015.
• March 13, 2019: the court notifies all parties that the VRP is due May 13, 2019 and the brief is due 30 days after the VRP is filed.
• May 15, 2019: two days after the VRP is due, Tina Steinmetz, the transcriptionist, sends an email to Ms. Hanlon’s office asking for an extension of time.
  • NOTE: this email is included in Ms. Hanlon’s motion requesting more time to file.

Faire’s attorney files objection

On May 16 2019, Attorney Stephen Pidgeon filed a response to Deputy Prosecutor Tamara Hanlon’s motion requesting more time. In his response, Pidgeon states “… moves for sanctions pursuant to RAP 18.9. The State of Washington is using these rules for the purpose of delay, has filed a frivolous appeal, and has failed to comply with these rules. Respondent therefore seeks terms and compensatory damages who has been harmed by the delay and the failure to comply.”

In closing, James and Angela Faire continue to stand strong and endure what appears to be a never ending nightmare. They have been persecuted for four long years for going to the aide of their dying friend. The words of John Adams come to mind when one looks at the Faire case:

“It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.

But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, ‘whether I do good or whether I do evil is immaterial, for innocence itself is no protection,’ and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.”