A: Yes. DiJulio’s Certification contained NO information regarding the decision by King County Prosecutor “Georgia” to charge Don with Simple Assault—Domestic Violence relative to his November 18, 1987 assault on me. DiJulio’s Certification also contained NO copy of the King County Prosecutor’s January 12, 1988 Memorandum directing that a charge of Simple Assault—Domestic Violence be filed against Don. (I had no knowledge of the existence of this January 12, 1988 Memorandum at this time. The existence of this Memorandum would be buried in the bowels of the King County Prosecutor’s Office until after my arrest).
A: Yes. CLICK HERE TO SEE COPY OF THIS JANUARY 12, 1988 MEMORANDUM.
A: It was his job to know! And, it was his job to know BEFORE filing the pleadings requesting the Custodial Interference charge be filed against me. He swore under oath in his Certification that he was telling the truth.
There is no way that DiJulio couldn’t have known about the existence of the January 12, 1988 Memorandum—the Memorandum originated within the King County Prosecutor’s Office!
Further, Don’s history of abuse is detailed in the court files, in his employment records at POS (filed with the court), and in his four-year volunteer tenure as a reserve officer with KCDPS—and all this information was available to DiJulio and the King County Prosecutor’s Office for review.
Don’s history of abusive behavior while acting as a KCDPS reserve office is evident in the hand-written notes of Det. Chapin, which he turned over to DiJulio and the King County Prosecutor’s Office. Those notes state that Don’s four-year tenure as a reserve officer with KCDPS resulted in the filing of at least two (2) use of force complaints against Don by private citizens, and the filing of at least one (1) written reprimand by a superior officer who cited Don with conduct unbecoming an officer, i.e., insubordination.
The evidence involving Don’s employment reflects that within the first three months of Don’s employment with POS he was involved in a heated altercation with a patron at Sea-Tac Airport. Comments on the POS Performance Evaluation conducted by his sergeant relative to this altercation, states: “Due to poor judgment…his actions required considerable effort on the part of supervisory personnel to correct. Officer Dougherty was counseled regarding his judgment.” Additionally, under the “Characteristics” column of this performance evaluation it reflects that Don was on probation for “Judgment,” “Public Relations,” and “Quality of Work.”
A: Washington State law, and specifically the Custodial Interference statute RCW 9A.40.080(2), affords a victim protection from their abuser by providing a complete, statutory defense to the crime of Custodial Interference when there is evidence to establish that the victim’s purpose in fleeing—with or without children—is to protect the victim (and children) from imminent physical harm.
The January 12, 1988 Memorandum was pertinent because it established my complete defense for fleeing Washington State under RCW 9A.40.080(2), the Custodial Interference statute.
