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Effective March 17, 2021, the King County Prosecuting Attorney’s Office is revising its policy regarding the process for Early Plea negotiations. This memorandum outlines the changes to these processes and explains how defense attorneys and defendants may engage in negotiations.

The Early Plea Unit (EPU) stage is where the King County Prosecuting Attorney’s Office (KCPAO) negotiates its cases . This is the stage where the KCPAO will consider reductions, alternative programs (such as Drug Diversion Court and Regional Mental Health Court), mitigation information, equitable considerations, etc. Once a case moves past the EPU stage, a decision by a Deputy Prosecuting Attorney (DPA) to reduce or dismiss charges will generally be limited to the sufficiency of the evidence to prove the charge(s), and such reductions must also be approved of by a supervisor.


The State declares that all of its outstanding plea and recommendation offers will be rescinded and EPU negotiations will end when the EPU stage expires, as follows:

  1. for in-custody defendants, the EPU stage expires two weeks prior to the omnibus hearing date set at arraignment;
  2. for out-of-custody defendants, the EPU stage expires four weeks prior to the omnibus hearing date set at arraignment;
  3. for in- and out-of-custody defendants, upon a defense request for redacted discovery and/or to facilitate witness interviews;
  4. for in- and out-of-custody defendants, at the discretion of the assigned EPU DPA.

A defendant may extend the EPU stage by submitting to the KCPAO a correctly completed order resetting the omnibus hearing and trial date into the future and extending the time-for-trial expiration date accordingly. If such a proposed order is submitted prior to the EPU stage expiration date, the new EPU stage expiration date will be four weeks before the next omnibus hearing (normally set four weeks prior to the new trial date). All such orders must be submitted to PAOEPUAgreedWaiver@kingcounty.gov. Template orders may be found below.

After a defendant elects to extend the EPU stage, the revised EPU deadline defaults to four weeks prior to the next scheduled omnibus hearing irrespective of custody status.

When the EPU stage expires (e.g. EPU deadline passes without a proposed order resetting the omnibus hearing and trial date) or the EPU DPA terminate negotiations, the case will be transferred to a trial supervisor or trial deputy. All EPU offers expire upon transfer of the case to a trial supervisor or trial DPA unless the supervisor of the trial DPA provides a written exception.


Discovery: The KCPAO will make its best effort to provide all discovery for the defense that is available at the time of filing or that becomes available thereafter. If the defendant requests a copy of redacted discovery, the early plea negotiator will discontinue negotiations and will have the case assigned to a trial deputy. We are unable to provide redacted discovery with our limited early plea staff.

Questions: The KCPAO is committed to the continued success of our early plea process. We encourage defense attorneys with comments, questions, concerns or suggestions about any aspect of our early plea practice to contact the unit chair or the Assistant Chiefs of the Criminal Division.


Criminal Division Assistant Chiefs:

Seattle: Christina Miyamasu at 206-477-6186 or Christina.Miyamasu@kingcounty.gov
MRJC: Wyman Yip at 206-477-2676 or Wyman.Yip@kingcounty.gov



Forms

Document Name Link Date
Order Setting Next Hearing(s) Form Annotations pdf 03-25-2021
Order Setting Next Hearing(s) Seattle pdf 03-29-2021
Order Setting Next Hearing(s) Kent pdf 03-29-2021

Continuance of EPU Cases:

Unless otherwise noted, continuances of EPU cases will generally be automatically agreed to if they abide by the following rules:

  • It is signed by defense counsel and the defendant
  • It is submitted by email to PAOEPUAgreedWaiver@kingcounty.gov by the EPU deadline
  • It correctly sets new dates according to the rules in the grid below

Type of Date Time Frame Other
Trial Date 4 to 8 weeks
on a Mon - Thurs (no Fri)
In SEA at 9:00 AM
In KNT at 8:30 AM

New speedy trial expiration date will be 30 days after Trial Date
A longer period must be approved by the EPU DPA.
Omnibus Date 4 weeks prior to trial date at 1pm
On a Mon - Thurs (no Fri)
AT 1:00 PM
The new EPU deadline will be 4 weeks (28 days) prior to Omnibus.
Case Setting If a case setting date is desired, it must be set on or before the EPU deadline.
AT 1:00 PM
So, if the new EPU deadline on a case is April 27, the new case setting date must be on or before April 27.

If the above rules are followed, and EPU has not objected or decided to move the case to the trial stage, the continuance will be agreed to by the PAO and automatically signed off on.

Cases that are pre-assigned, cases with the trial supervisor, and cases with the trial DPA CANNOT be continued in this manner. All such continuances must be approved and processed by the currently assigned DPA.



What you need to do/decide?

Depending on the status of your current case you may have to decide whether you wish to remain at EPU, be automatically assigned an EPU deadline, or request to be sent to EPU.


Case Status   What you need to do/decide?

Your case has a case setting hearing date and an Omnibus date prior to April 19, 2021.

 

Whether you wish for the case to remain at EPU?

  • If yes, fill out a waiver/continuance according to the above rules.
    • This should be done as soon as possible; you do not need to wait until your case setting hearing to do so.
    • IF there is ever two or less weeks between the current date and the Omnibus date, the case will be assigned out to a trial supervisor AND any EPU offer will be revoked.
  • If no, no action is needed, your case will be assigned out to a trial supervisor.
Your case has a case setting date BUT DOES NOT have an Omnibus date four (4) or more weeks after the case setting date.  

Whether you wish for the case to remain at EPU?

  • If yes, fill out a waiver/continuance according to the above rules.
    • This must done be at least four weeks prior the Omnibus Date, or the case will be assigned out to a trial supervisor AND any EPU offer will be revoked. DO NOT rely on your case setting date.
  • If no, no action is needed, your case will be assigned out to a trial supervisor.
Your case has a case setting date AND an Omnibus date four (4) or more weeks after the case setting date.   No action needed. Your case will automatically be assigned an EPU deadline that is four weeks (28 days) prior to Omnibus.
Your case does NOT have a case setting date.
OR
Your case is preassigned.
 

Your case is set for trial and subject to the above noted limitations on negotiations OR your case is preassigned and will be handled as they have in the past.

If you would like your case to be returned to EPU you must obtain approval from the assigned trial DPA (this may require supervisor approval). This option is provided to ease the transition to these new procedures.

In some instances, the EPU DPA may reach out to you to see if you want the case to remain at EPU. In this case the EPU DPA can approve the case remaining at EPU.

REMINDER:

Defense counsel will be provided with an automated email reminder five days before the EPU deadline on a case. Those emails will come from NoReply-PAO@kingcounty.gov. Do NOT send any emails to that address; they cannot be checked or responded to.

Seattle Trial Supervisors

Unit/Case Type? DPA Email
Felony Traffic Amy Freedheim Amy.Freedheim@kingcounty.gov
DV Bridgette Maryman Bridgette.Maryman@kingcounty.gov
SAU Corinn Bohn Corinn.Bohn@kingcounty.gov
FTU/GCU Robin Olson Robin.Olson@kingcounty.gov
HVCU Jeffrey Dernbach Jeffrey.Dernbach@kingcounty.gov
ECU Patrick Hinds Patrick.Hinds@kingcounty.gov

MRJC Trial Supervisors

Unit/Case Type? DPA Email
Felony Traffic Amy Freedheim Amy.Freedheim@kingcounty.gov
DV Angie Kaake Angela.Kaake@kingcounty.gov
SAU Celia Lee Celia.Lee@kingcounty.gov
VECU Dan Soukup Dan.Soukup@kingcounty.gov

Seattle Early Plea Negotiation Process and Hours

Negotiator: Patrick Lavin (206-477-1915) or Patrick.Lavin@kingcounty.gov

Hours:

By appointment or by email.

Other Information:

  • Will negotiate by email.

  • Negotiations will continue throughout the pendency of a case. However, if the defense requests discovery beyond what is normally expected during the early plea negotiation period (such as victim/witness interviews, redacted discovery, records that are not in the possession of the State, lab testing, etc.), then the case must be assigned to a trial deputy and any outstanding early plea offer is withdrawn.

Forgery, ID Theft, Theft 1 and 2, PSP 1 and 2, Trafficking 1 and 3, UIBC, FTR/Theft of Rental Prop., Promoting Prostitution 2, Money Laundering, Gambling, Insurance Fraud, Mortgage Fraud, Voter Fraud, Cheating, Complex Financial Crimes

Property Offenses

Negotiators:
Grace Wiener Ritter (206-477-6969) or email: grace.ritter@kingcounty.gov

Hours:

Email preferred. Otherwise by appointment.

Other Information:

  • Will negotiate by email.

  • Negotiations will continue throughout the pendency of the case, but the defense should expect that the State’s best offer will be made at the early plea stage. If the defense requests discovery beyond what is normally expected during the early plea negotiation period (such as request to arrange victim/witness interviews or motion for such interviews, redacted discovery, records that are not in the possession of the State, lab testing, etc.), then the case must be assigned to a trial deputy and any outstanding early plea offer is withdrawn.

  • Early plea offers will not be kept open for an extended period of time. Further, the State reserves the right to revoke an early plea offer in other circumstances, such as new information or evidence, the defendant’s commission of new crimes, a failure to appear, violations of conditions of release, any evidence of inappropriate communication/contact with victims or witnesses, etc. The State will strive to provide predictability and notice to the defense of any revocation.

  • Many cases in ECU are pre-assigned to DPAs. Early plea negotiations for such cases should be conducted with the assigned trial DPA.

Negotiators:

Kathy Van Olst (206-477-1892) or Kathy.VanOlst@kingcounty.gov
Page Ulrey (206-263-3318) or pulrey@kingcounty.gov

Hours: By appointment

Other Information:

  • Deadline for offer will be specified when offer is extended. Offer will be withdrawn when case is set for trial or victim interview is conducted unless otherwise specified.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

(Veh. Hom., Veh. Assault, Felony Hit and Run with a death, Felony DUI):

Negotiator: Amy Freedheim (206-477-1921) or Amy.Freedheim@kingcounty.gov

Hours: By appointment only; in Seattle on Mondays and Wednesdays

Other Information:

  • Will negotiate by e-mail. In person negotiations encouraged for initial discussions of any case. Plea forms must be turned in prior to the plea hearing.

  • See general Violent Crimes Unit early plea negotiation practices noted above.

Animal Cruelty, Assault 3, Attempt to Elude, Bail Jumping, Burglary 2, Custodial Assault, Escape, Felony Harassment, Intimidating or Tampering with a Witness or Public Servant, Introducing Contraband, Malicious Mischief, PSV, Residential Burglary, Stalking, Theft 1 (taking from person), Theft MV, TMVWOP2, Theft or Possession of a Stolen Firearm, Threats to Bomb, Unlawful Imprisonment, UPFA, VP2, and VUCSA

Negotiators:

A-G Gracie Zavidow (206-477-9926) or email: gzavidow@kingcounty.gov
H-N Lucy Pippin (206-263-6764) or email: LPippin@kingcounty.gov
O-Z (Plus ECU) Lindsey Grieve (206-477-6538) or email: lindsey.grieve@kingcounty.gov

Hours:

  • All negotiations by email
  • Phone appointments only when scheduled in advance

Other Information:

  • Will negotiate by email.

  • Negotiations will continue throughout the pendency of the case, but the defense should expect that the State’s best offer will be made at the early plea stage. If the defense requests discovery beyond what is normally expected during the early plea negotiation period (such as request to arrange victim/witness interviews or motion for such interviews, redacted discovery, records that are not in the possession of the State, lab testing, etc.), then the case must be assigned to a trial deputy and any outstanding early plea offer is withdrawn.

  • Early plea offers will not be kept open for an extended period of time. Further, the State reserves the right to revoke an early plea offer in other circumstances, such as new information or evidence, the defendant’s commission of new crimes, a failure to appear, violations of conditions of release, any evidence of inappropriate communication/contact with victims or witnesses, etc. The State will strive to provide predictability and notice to the defense of any revocation.

Formed in 2017, the High Priority Repeat Offenders Unit (HIPRO) is a unit dedicated to reducing crime rates by focusing on the most prolific burglars and car thieves in our community. The HIPRO unit is the combination of the former Car Theft and Repeat Burglar Initiatives and uses many of the same approaches to reducing crime rates, including “stacking” cases and working to ensure that offenders stay in custody pending trial. The HIPRO unit also works to build relationships with police agencies to encourage thorough burglary and car theft investigations and more prompt filing of cases, and raises community awareness of burglary and car theft prevention.

Hours:

Monday 9:00a.m.-11:00 a.m. unless in trial, or via email.

Negotiators:

Evan Boeshans (206) 477-4981 or eboeshans@kingcounty.gov
Susan Harrison (206) 477-1966 or Susan.Harrison@kingcounty.gov

Assault 1 and 2, Robbery, Kidnapping, Unlawful Imprisonment, Burglary 1, Arson/Reckless Burning, Felony Traffic (including Vehicular Homicide, Vehicular Assault, Hit and Run, Felony DUI)

General cases (excluding homicides and felony traffic):

Negotiators:
A-G Sarah Erickson-Mills (206-477-5397) or email sarah.erickson-mills@kingcounty.gov
H-P Ian Michels-Sletvet (206-263-3504) or email imichelsslettvet@kingcounty.gov
Q-Z (all 3rd strike & AA Cases) Brynn Jacobson (206-477-1912) or email Brynn.Jacobson@kingcounty.gov

In the event neither negotiator is available, defense may contact Bridgette Maryman at (206-477-1193) or Bridgette.Maryman@kingcounty.gov.

Hours:

EPU negotiations occur over email or via phone, with email negotiations preferred.  Afternoons are preferred for telephonic negotiations.

Other Information:

  • Prefers to negotiate by email.

  • Negotiations will continue throughout the pendency of the case, but the defense should expect that the State’s best offer will be made at the early plea stage. If the defense requests discovery beyond what is normally expected during the early plea negotiation period (such as victim/witness interviews, redacted discovery, records that are not in the possession of the State, lab testing, etc.), then the case must be assigned to a trial deputy and any outstanding early plea offer is withdrawn.

  • Early plea offers will not be kept open for an extended period of time. Further, the State reserves the right to revoke an early plea offer in other circumstances, such as new information or evidence, the defendant’s commission of new crimes, a failure to appear, violations of conditions of release, any evidence of inappropriate communication/contact with victims or witnesses, etc.

Negotiator: Contact the assigned trial deputy.

Negotiator: Margo Martin (206-263-1377) or Margo.Martin@kingcounty.gov

Hours: Email preferred. Otherwise by appointment.

Other information:

  • Email negotiations are permitted, but in person negotiations are preferred and more effective. For the MRJC, email negotiations are preferred, as negotiator is only at the MRJC on Wednesdays.

  • Deadline for offer will be specified when offer is made. Offers always expire if defendant sets the matter for trial.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

Insurance Fraud:

Negotiator: Kyle Houston (206-477-0024) or Kyle.Houston@kingcounty.gov

Organized Retail Theft:

Negotiator: Michael Tabor (206-263-3396) or email mtabor@kingcounty.gov

Hours: Email preferred. Otherwise by appointment.

Other Information:

  • Deadline for offer will be specified when offer is made. Offers always expire if defendant sets the matter for trial.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

Negotiator:

Hugo Torres (206-477-1894) or Hugo.Torres@kingcounty.gov

Hours: Email preferred. Otherwise by appointment.

Other Information:

  • Negotiations are to take place only upon defense fully reviewing discovery. The assigned prosecutor will be available to identify the critical documents and witness statements. Deadline for offer will be specified when offer is made. Plea offers made early in process will always expire if the defendant sets matter for trial.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

Negotiator: Corinn Bohn (206-477-1917) or Corinn.Bohn@kingcounty.gov

Hours:

By appointment or by email.

Other Information:

  • Will negotiate by email.

  • Negotiations will continue throughout the pendency of a case. However, if defense requests discovery above what is expected during the early plea negotiation period (e.g. victim/witness interviews, CPS/counseling records that are not in our possession, lab testing that we would not do unless case goes to trial, etc.), the case will be assigned to a trial deputy, and any outstanding early plea offer is withdrawn.

MRJC Early Plea Negotiation Process and Hours

Negotiator:
Chris Bell
(206) 477-1856 or Christopher.Bell@kingcounty.gov

Hours:
Mondays: 9:00 am to 11:00 am
Thursdays: 9:00 am to 11:00 am

Other Information:

  • Will negotiate via email.

  • Negotiations will continue throughout the pendency of a case. However, the case will be transferred to a trial DPA if significant additional investigation is necessary, redacted discovery is requested, or witness interviews are requested. Any Early Plea Unit offer expires when the case is transferred to a trial DPA.

(Veh. Hom., Veh. Assault, Felony Hit and Run with a death, Felony DUI):

Negotiator: Amy Freedheim (206-477-1921) or Amy.Freedheim@kingcounty.gov

Hours: By appointment only; at the MRJC on Tuesdays and Thursdays

Other Information:

  • Will negotiate by e-mail. In person negotiations encouraged for initial discussions of any case. Plea forms must be turned in prior to the plea hearing.

  • See general Violent Crimes Unit early plea negotiation practices noted above.

Formed in 2017, the High Priority Repeat Offenders Unit (HIPRO) is a unit dedicated to reducing crime rates by focusing on the most prolific burglars and car thieves in our community. The HIPRO unit is the combination of the former Car Theft and Repeat Burglar Initiatives and uses many of the same approaches to reducing crime rates, including “stacking” cases and working to ensure that offenders stay in custody pending trial. The HIPRO unit also works to build relationships with police agencies to encourage thorough burglary and car theft investigations and more prompt filing of cases, and raises community awareness of burglary and car theft prevention.

Hours:

Negotiate by phone and email.

Negotiators:

Kayvon Behroozian (206) 477-1662 or kbehroozian@kingcounty.gov
Roxanne Reese (206) 477-9180 or roreese@kingcounty.gov

Negotiators:
Task Force Cases: Margo Martin (206-263-1377) or Margo.Martin@kingcounty.gov
Others: Tod Bergstrom (206-477-1081) or Tod.Bergstrom@kingcounty.gov

Hours: Email Preferred. Otherwise by appointment.

Other information:

  • Deadline for offer will be specified when offer is made. Offers always expire if defendant sets the matter for trial.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

Insurance Fraud:

Negotiator: Kyle Houston (206-477-0024) or Kyle.Houston@kingcounty.gov

Organized Retail Theft:

Negotiator: Michael Tabor (206-263-3396) or email: mtabor@kingcounty.gov

Hours: Email preferred. Otherwise by appointment.

Other Information:

  • Deadline for offer will be specified when offer is made. Offers always expire if defendant sets the matter for trial.

  • The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.

Negotiators:

For 2020 cause numbers and older cases:

A-Z Brian Wynne (206) 477-6189 or Brian.Wynne@kingcounty.gov

For 2021 cause numbers:

A-I Celia Lee (206) 477-2452 or Celia.Lee@kingcounty.gov
J-Z Chuck Sergis (206) 477-1199 or Charles.Sergis@kingcounty.gov

Hours:

Please email negotiator for appointment times.

Other Information:

  • Will negotiate by email.
  • Negotiations will continue throughout the pendency of a case. However, if defense requests discovery above what is expected during the early plea negotiations period (e.g. victim/witness interviews, CPS/counseling records that are not in our possession, lab testing that we would not do unless case goes to trial, etc) then the case will be assigned to a trial deputy, and any outstanding early plea offer is withdrawn.

Mainstream Non-Violent Crimes Negotiators:

A-H: Luke Parker – lparker@kingcounty.gov or 206-263-0659
I-R: Tuyen Lam – Tuyen.Lam@kingcounty.gov or 206-477-3151
S-Z (and all Marijuana Grow cases): Alice Degen – Alice.Degen@kingcounty.gov or 206-477-6521


Mainstream Violent Crimes Negotiators:

Jennifer Phillips – Jennifer.Phillips@kingcounty.gov or 206-477-1934
Stephen Herschkowitz – Stephen.Herschkowitz@kingcounty.gov or 206-477-1182


Hours:

By email, by phone, and by appointment.


Other Information:

  • Case transfers to a trial deputy upon request for interviews, OR, upon request for redacted discovery OR after case is set for trial.

  • Generally, investigation by the defense, including witness interviews, does not revoke an early plea offer, with the exception of the following: witness is a confidential informant, or a sensitive victim/witness is involved. The State reserves the right to revoke an early plea offer in other circumstances (such as a new crime is committed, additional criminal history is discovered, failures to appear, or violations of CCAP, etc.), although it strives to provide predictability and notice to the defense of any revocation.

King County Prosecutor
Dan Satterberg
Read Dan's Biography

Phone:
206-477-1200
Email:
Prosecuting.Attorney@kingcounty.gov

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