This story has been bouncing around the feminist blogs for a little while now, but I didn’t realize it was in Washington State. It’s pretty grim. I’m not quoting the most explicit parts of the story, but The Longview Daily News has more details. What’s pertinent is:

In October 2012, a woman was held against her will, taped naked to a chair and sexually assaulted. This week, Cowlitz County prosecutors had the same woman arrested to help prove the case against her alleged captors.

The 43-year-old woman — the victim and prime witness in the case — has not been charged with any crime. She just wasn’t showing up for pre-trial meetings with prosecutors, despite promising to do so several times.

So earlier this month they obtained a judge’s order for a material witness warrant.

It’s a little-used procedure under state law that allows police to arrest a witness of a crime to ensure they show up for court. Chief Criminal Deputy James Smith said such warrants are rare and requested only “as a last resort.”

In this case, it had the added irony of using a warrant to hold the woman against her will so she can help convict someone else of holding her against her will.

Prosecutors said they can’t comment directly on an on-going case. Generally, though, Smith said the severity of the charges is always a factor in taking such a serious step.

Like the people I linked to above, I’m horrified that this happened.* The counties should certainly take up prosecutions of this sort, but detaining a rape victim — one who was for the most part cooperating, but had missed a court date — can’t possibly be the best way to go about it.

It certainly feels like an abuse of the material witness statute. I hope the legislature will take up both better ways to help witnesses who might be transient get to court and to reign in this type of use of the statute. And I hope prosecutors who might be in a position to do this will reconsider.

I mean, we certainly want to prosecute rapists to the extent possible. But surely not by locking up victims, and potentially re-victimizing them. Maybe some of the lawyers in the comments section can think of positive changes to the law.

If you want to contact the Cowlitz County Prosecuting Attorney’s office and ask them to do better next time, you can do so here.

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As a critic of the Highway 99 tunnel, but one who thinks we’re probably stuck with it, I’m still hoping that Bertha gets itself* up and running again. I really do hope that whatever solution to the latest problem turns out to be the last fix. I’d also like to be more sure that Seattle won’t be on the hook for any cost overruns.**

Still, with this new revelation that the Viaduct is sinking, and with Bertha stuck for who knows how long, I say don’t wait on the tunnel to take it down. It’s — as ever — disconnecting the city from the waterfront. The main goal of zooming cars at unsafe speeds through a city their occupants hate has already diminished considerably during construction, without many of the traffic problems we were promised.

Yet, on the ground in the waterfront, it’s still not pedestrian or bike friendly. The bike/walking path below the Viaduct south of Yesler gets used by cars as a turning lane, and various parts of the waterfront sidewalk being blocked off at random push pedestrians into the road. These are normal side effects of construction, but they don’t have to be made worse by the delays to the tunnel.

If traffic is bad, then either mitigate it with more transit and better maintenance of surface streets or, I don’t know, get Bertha fixed. In the mean time, the people who use the waterfront on a regular basis don’t need to be in limbo.

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– If you’re going to have an ACA horror story, it would be nice if that story was based in fact. But that’s probably too much to ask.

– It’s also important to emphasize going forward that the pre-clearance requirement in Section 5 was far from obsolete. Because of the nature of elections, before-the-fact challenges to vote suppression are far more effective than after-the-fact ones. Once a state has conducted an election, it becomes much more difficult for the courts to order remedies. A pre-clearance requirement is not sufficient, but it’s a crucial part of voting rights protection, and Congress should not concede this issue to the Supreme Court going forward.

– The King County Council officially put the measure to save Metro on the ballot.

– Transportation Advocacy Day is coming up. I still haven’t got my Transportation Advocacy Day tree, or done most of my Transportation Advocacy Day shopping.

– Several years ago Washington legislators arrived at a sensible compromise, requiring districts to include measures of student growth in their evaluations of teachers – but leaving it to the districts to decide what that actually meant. It’s a good system that should be given time to be properly implemented. But Duncan insists that teacher evaluations be directly linked to specific test scores, even where states have chosen not to do so.

– I still don’t understand Bitcoin, and I’m genuinely sorry for the people who lost money here, but, you know, there are reasons for regulations on actual money.

– Did you get any snow? Here are school closures/delays in Washington.

– Despite how amazingly think-about-what-you-did that assignment is, i’s total bullshit that his record remains clean, and ideally his punishment would remain in place and he’d have to make his being-a-decent-human presentation and have to write “don’t be a dick” on the blackboard fifty times.

– Here’s another view of the brand new ship Macaw Arrow, docking at Port of Olympia on it’s first ever journey, to deliver “frack sand” proppants for fracking North Dakota oil shale.

– I’m not really in the habit of linking to sermons here, or listening to them online, really, but this one really got to me.

– The anti-choice movement is up in arms over my play, MOM BABY GOD, and I have a simple message for them: Bring it on. We’re not backing down.

– I’m afraid Goldy was perhaps too irenic to Boeing management here.

I really hope this doesn’t come across as either too pro-advertising or in any way pro-distracted driving. But I kind of dig the gigantic ads on the side of buildings that the city of Seattle might crack down on.

After years of debate over how to regulate (or ban) wall signs on the sides of buildings that advertise products or services that aren’t available in the building where they’re advertised, the city council’s Housing Affordability, Human Services, and Economic Resiliency committee met this morning to talk specifics.

Dozens of opponents of the proposal (from Vulcan to Total Outdoor Advertising to the Mariners) waited patiently while the committee slogged through the details, but they were probably encouraged to hear council member Bruce Harrell preemptively parroting nearly all of their points. The opponents argued that giant signs promote civic pride, are easier for drivers to read, and are a way for small businesses to supplement their meager incomes.

I like wandering around the city, and one of my favorite thing is when you see some faded paint from an ad that was on an old building a long time ago. Trying to figure out from the cost of whatever painted on the brick or the language used what time frame it might have been.

This isn’t quite that, of course. It’s for businesses that aren’t in the building that’s advertised. And it’s generally draped over the walls or plastered on instead of being painted. So perhaps future walkers won’t have the same thing. But it has been going on for a long time. Anyway, they’re on walls — often times boring walls — so they aren’t taking any views away.

And while these are big for drivers, they are in high pedestrian traffic areas. Most buildings tall enough for that to be an issue are in areas with high pedestrian traffic. So you can see plenty of them on a bike or on your feet, and that’s fine.

Really, also, if the goal is to stop distracted driving, this rule doesn’t make a lot of sense:

Currently, the city bans “off-premises” wall signs on the sides of buildings; it does allow businesses to advertise products or services they actually provide (those are known as “on-premises” signs). So if you’re Jimmy John’s (to give an example from SoDo) and you want to put a huge Jimmy John’s sign on your outside wall to attract customers, go for it. But if Subway wants to buy an ad on your wall, that’s against the rules.

Is an ad for a store in the building less distracting than an ad for a store somewhere else? I think they’re exactly as distracting. But as long as they aren’t animated, reflective, 3D, or whatever, I think most drivers will be sensible enough to ignore them.

Well this certainly bodes poorly for police reform. As well as being pretty crappy in its own right.

I just got a call from Seattle Times reporter Steve Miletich confirming a rumor I’d heard recently: Seattle police chief Harry Bailey has overturned the one-day suspension of Officer John Marion, the cop who threatened to harass me at work in retaliation for reporting on police misconduct. Chief Bailey wants to provide more training instead, and as Miletich explains, Bailey doesn’t seem to understand that he’s also apparently overturned the misconduct ruling itself

The police in this city are problematic on a level enough for the DOJ to get involved. They have a pattern stretching back over a decade. The last mayor half assed reform only when the Feds got involved, and previous mayors didn’t even do that much. It’s disheartening to see Ed Murray’s team not even be able to match the halfassedness of his predecessor.

But maybe I’m making too much of one thing. Oh (Seattle Times link).

Bailey, who was appointed interim chief last month by Mayor Ed Murray, said he took the action as part of a sweeping review of more than 25 pending grievances stemming from backlogged disciplinary actions imposed by former interim Chief Jim Pugel and former Police Chief John Diaz.

He said he wants to “get all of these things cleaned up before the new chief comes,” a reference to Murray’s goal to find a permanent chief by the end of April.

Bailey said he was working with the City Attorney’s Office and the Seattle Police Officers’ Guild (SPOG) to resolve some of the cases.

We let police officers carry guns and arrest people on the public dime. We ought to expect there will be some accountability when the fuck up, but it’s looking like even that is too much to ask.

I just wanted to pitch you on building factories in the Puget Sound area. When I read that you probably wouldn’t be building more Southern plants as long as they refuse to unionize, I realized that Western Washington is a great fit.

We have some of the best manufacturing in the world being done in Western Washington, and the major manufacturing employer, Boeing, is currently in the process of screwing over its workers. That means that you can get a good strong workforce that understands manufacturing processes, that has the hands on experience required to build large things, that knows how to prevent FOD. And you can get them for a steal, because Boeing just gave them a horrible contract.

Airplanes aren’t cars, of course, and there will be hiccups. Not everyone will want or be able to make that transition. But the change won’t be nearly as rough as starting from scratch.

We are also a region that embraces unions. We know, like you, that keeping unions at the table, and keeping workers happy will lead to better products. We certainly won’t have Senators threatening you if the UAW tries to organize a plant in Western Washington.

Thank you,

Carl Ballard

– The Big Burger Boycott is today, Seattle.

– Volkswagen’s top labor representative threatened on Wednesday to try to block further investments by the German carmaker in the southern United States if its workers there are not unionized. [h/t]

– (video plays automatically) Well I’m no expert but firing Hanford whistleblowers seems like a bad idea.

– Honestly? You probably don’t want just any old scab driving your kids around first thing in the morning.

– At what point does Rodney Tom just give up any pretense of being a Democrat(Seattle Times link)?

– The Dignity of Work

The Pay It Forward program (Spokesman-Review link) sounds like it’s good as far as it goes.

Instead, under a bill proposed in the House, they’d pay after leaving school in the form of a small, fixed percentage of their future income for up to 25 years.

Rep. Larry Seaquist, who introduced the Pay It Forward program in House Bill 2720, said with tuition costs and loan debt skyrocketing over the past decade, those from low and middle income families find it increasingly difficult to access higher education. The Democrat from Gig Harbor said the Pay It Forward program would remove that barrier.

I don’t want to be too down on this It certainly seems better than getting into debt with whatever the interest rates are to go to college. Look, I hate to be a broken record here, the best way to make college affordable is to not make it so expensive. So long as we are a high tuition state, things like this are eating around the edges, not attacking the problem head on.

The biggest barrier to letting people from underserved communities into college is the fact that it’s fucking expensive. And this plan, while a better alternative for some, is still pretty expensive. Instead of paying for it with taxes, preferably as progressive ones as we can muster in this state, it’s gimmicks like this. And look, if this gets people who wouldn’t otherwise go to college into college, great. But ultimately it’s a poor substitute for making college affordable.

Last night The House passed the Senate Version of the WA DREAM Act (or whatever the Senate calls it) and so now it will go to Governor Inslee to sign into law.

The legislation would make state need-grant money available to undocumented college students, young people who came to Washington with their parents and in many cases have lived all their lives in the Evergreen State.

The 75-22 House vote came after 14 months of tension and maneuver.

It is a testament to the hard work of a lot of people that this got through the logjam that is our legislature. When the Senate passed their version, I thought that this might help pry loose some other popular bills that are dying in the Senate. So far, no. I still hold out hope for the Reproductive Parity Act and other bills that the legislature would pass if only they could get to the floor.

– Ed Murray’s first State of the City address.

– It’s a sign of the world we’re living in that we need regulations of drone use.

– The GOP Senate trying to hide the ball from their own constituents is just pathetic.

– On a disturbingly regular basis…

– Fare inspectors being able to issue tickets in real time seems both helpful and horrifying.

– Seattle’s Bitcoin ATM seems unnecessary, but it’s probably just another example of me not understanding Bitcoin. [h/t]

– The Drinking Liberally thread is below, if you’re looking for the address or whatever.

Ostensibly small government representative Jay Rodne is still in favor of the state being able to put a needle into someone’s arm and put enough poison in them to take their life. You know, small government. Smallity small small. He’s angry enough to have a press release. Sorry this is a bit old.

Gov. Jay Inslee today announced he was suspending the death penalty in Washington state for as long as he is in office. In the wake of this announcement, Rep. Jay Rodne, R-Snoqualmie and lead Republican on the House Judiciary Committee, issued the following statement:

There has to be a more effective way of saying “cruel and lacking any political power” than “lead Republican on the House Judiciary Committee” but I don’t know what it is. Maybe just “powerless asshole.”

“The governor’s decision is a distraction from the issues that people care about the most. It also seems very political – at the expense of victims of violent crimes and their families. This must be a difficult day for these families as they are confronted with the reality that the governor cares more about a few convicted killers than justice for their loved ones. It’s unfortunate and prolongs the closure they deserve.”

It’s a distraction to even talk about it says the press release about it. And you know, I haven’t seen any polling on Washington and the death penalty, but I’m guessing the political thing to do would have been keeping it.

Also, what kind of a dickbag can write “the governor cares more about a few convicted killers than justice for their loved ones”? Seriously, is Jay Inslee making sure that victims of crimes are locked up for life? Because that’s what he’s doing with the killers. Unlike Representative Rodne, I won’t pretend to speak for all victims of crime or pretend they’re a monolith. However they feel about Inslee’s decision is the right way for them to feel. But to pretend that the state isn’t doing anything for them because the state hasn’t killed their killers is just so spectacularly dishonest, that I don’t know what to do with it.

– On the Killing of Jordan Davis by Michael Dunn

– I’m looking forward to the Broadway Bikeway

– Few people ever stop to question why the 358 seemed to carry all of society’s “undesirables” — but the answer is simple: Because the 358 gets people to the necessary services they require to get by in an economy with no safety net.

– Remember, Stein’s report is quite informative – when Bush struggled with Part D implementation, he used executive-branch powers to tweak implementation. Obama is taking the same steps now. The difference is, when Bush did it, no one in Congress, in either party, ran around whining about the president creating a “government of one.” It just didn’t seem that important – because it wasn’t.

– Here’s hoping Oregon can pass their background checks legislation.

– Is Bertha still stuck?

– Just a quick note: When Drinking Liberally is in wandering mode, Darryl is going to post that thread in the morning, and I’ll post an Open Thread in the afternoon. Since you can use either as an open thread* it shouldn’t change conversations here too much.

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There are two bills in Olympia that recognize that it’s not always in the state’s interest to keep felonies on people’s criminal records. First one that would let members of tribes with fishing rights vacate convictions for fishing off reservation before 1975 (Yakima Herald link). Since they have had their rights recognized for decades now, it makes sense to vacate the convictions of the people who made that possible. Also they had the right to fish there, even if the state didn’t always recognize it. Fortunately, that’s another lopsided vote.

House Bill 2080, which passed by a vote of 92-6, would allow those tribal members to apply to the sentencing court to expunge their misdemeanor, gross misdemeanor or felony convictions. Family members and tribal officials could also seek a vacated criminal record on behalf of a deceased person. The court would have the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person.

“We have a responsibility to try and make things right,” said the bill’s prime sponsor Rep. David Sawyer, D-Tacoma. “It simply allows tribal members to apply to have those convictions vacated so they can live their lives in dignity. It’s essentially an apology as well.”

Tribal members and others were roughed up, harassed and arrested in the 1960s and 1970s while asserting their right to fish for salmon off-reservation under treaties signed with the federal government more than 100 years before. At the time, however, those acts violated Washington state regulations, and there were raids by game wardens and other clashes with police. The Northwest fish-ins known as the “Fish Wars” were modeled after civil rights movement sit-ins and were part of larger demonstrations to assert American Indian rights nationwide.

The other thing is a bill to allow prostitutes to clear their convictions stemming from prostitution if they were a result of. This story is a bit sensationalist, and probably makes some generalizations about why people become prostitutes that aren’t great. Not every prostitute is a victim or trying to leave, but this bill is still a good thing.

This session, Washington lawmakers hope to support victims by expanding a law to allow survivors of sex trafficking to clear their records of multiple prostitution convictions. A current law, passed two years ago, only allows for removing one conviction.

The new bill continues the state’s role as a leader in legislation to combat trafficking. So far, only about a dozen states have similar laws on the books. The latest legislative effort also continues a national trend toward taking a “victim-centered” approach to prostitution.

[…]

“The reality is that individuals engaged in prostitution are often caught and arrested and prosecuted multiple times over their time in ‘the life,'” said King County’s Senior Deputy Prosecutor Val Richey, who works exclusively on human trafficking cases. “Allowing them to remove those convictions because they were obtained as result of engaging in prostitution through force or coercion makes a lot of sense, whether it’s one conviction or two or three.”

Richey said he hopes the bill expansion passes through the state Senate. An identical expansion to the bill passed the House last year but got stalled in the mostly Republican-controlled Senate. This year the bill’s sponsor said it has a better chance because a compromise is being sorted out.

In both cases it shows the legislature, or at least some members, see the limits of the criminal justice system. That in those instances, people having a criminal record is worse than the thing that we’re trying to prevent by convicting people and giving them those records in the first place.