Dumping a Rape Case, and Its Victim; State of Washington v. Patrick J. McAllister

by | Aug 18, 2018 | Politics | 0 comments

On April 26, 2018, in the midst of his reelection campaign, Jefferson County Prosecutor Michael Haas dismissed a rape case rather than take it to trial.  It is the case of SL, a 21-year old Filipino woman brought into this country by a Brinnon man 26 years older.  Court records reveal he had prior convictions for assaulting two women and was subject to restraining orders protecting four others.  After she arrived at his home in 2010, SL says he raped and beat her repeatedly.

A jury had little difficulty believing her.  It returned a guilty verdict on 31 counts of rape and assault.  The man was sentenced to 250 months in jail.  His conviction was upheld by the Washington Court of Appeals and denied review by the Washington Supreme Court.

In 2017 he was released after another panel of the Court of Appeals concluded his trial counsel had been ineffective and the defense had not been given a page in a police report that contradicted parts of SL’s testimony.

The case of State of Washington versus Patrick McAllister was sent back to Jefferson County Superior Court in August 2017.  Prosecutor Haas assigned himself responsibility for the retrial.  Eight months passed before he spoke to SL about the facts of her case.

Haas’s re-election is being opposed by one of the prosecutors who left Haas’s office, which has seen a 130% turnover in staff.  James Kennedy, now a prosecutor in Clallam County, has made Haas’ handling of the McAllister case an issue in the campaign.

Challenger James Kennedy

Months ago we filed a public records request for all communications between Haas and McAllister’s defense attorney.  We did not receive the last installment, comprising 900 pages, until the day after the primary election, which showed Haas trailing Kennedy by double digits.  We have reviewed the court files and the victim’s deposition. We have spoken with the victim, her brother, and the former prosecutor who succeeded in convicting McAllister in his first trial.  We have spoken with other people who participated in the case, some off the record as their employment situation prevents them from speaking publicly.

Kennedy’s charges (click here) are serious enough.

We found that Haas’ mishandling of the case and his treatment of the victim were worse than Kennedy alleged.

Our report will be released in installments. Haas has not answered any of our questions.  His emails, text messages and court documents will speak for him.

The victim’s name will not be published. She has built a new life and a career outside Jefferson County.  She wanted this case prosecuted again even though Haas’ behavior led her to question his commitment.

In their first conversation, Haas asked her to travel to the defense lawyer’s office in Tacoma for a highly irregular pre-trial deposition.  She wanted to meet in advance, but Haas rebuffed her request. She showed up unprepared.  She was questioned for hours by an investigator and the lawyer for the accused rapist about matters prohibited under the state’s rape shield laws.  Haas never objected.  The deposition lasted over four hours—without a lunchbreak—and ended when Haas said he had an appointment in Port Townsend.

The defense lawyer wanted her back for more questioning.  Haas consented and requested a date from her.  She offered a Saturday when she would not be working.  Before rushing back to Port Townsend, Haas told her he found her courageous and believed her.  He assured her there would at least be a plea bargain. She would get some justice.  The second deposition never occurred.  That was the first and last time she saw the man who was supposed to be prosecuting her rapist.

She heard no more from Haas.  She says she called his office and personal cell phone repeatedly.  She had her brother try. He says Haas ignored him.  She says when she managed to get Haas on the line, he said he was at dinner with his wife and could not talk.  Another time he said he was unable to speak because he was with his children.  She says he called when he knew she’d be at work.  They set a time to talk.  Haas did not keep that appointment.

Then she got “an email bomb” from Haas. Patrick McAllister, previously found guilty beyond a reasonable doubt of raping and assaulting her, a man with a long record of violently abusing women, could rest easy.  Haas was dropping all charges.  In the email Haas said he believed her.  But Haas told the court he believed McAllister.

“I never expected the man who was supposed to be on my side,” SL says, “to be the one to do this.”

Next:  A One-Way Street on the Way to Dismissal.  You can read that story by clicking here.

Also relevant:  The Questions Michael Haas Won’t Answer

 

 

Jim Scarantino

Jim Scarantino was the editor and founder of Port Townsend Free Press. He is happy in his new role as just a contributor writing on topics of concern to him. He spent the first 25 years of his professional life as a trial attorney, then launched an online investigative news website that broke several national stories. He is also the author of three crime novels. He resides in Jefferson County. See our "About" page for more information.

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