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The Luthi case centers around Cowlitz County Superior Court where it is common practice to use a courtroom in the Cowlitz County Jail for short criminal proceedings. Within this courtroom is a small in-court holding cell where defendants such as Cassandra Luthi are kept during such proceedings. The cell is about 5 feet wide, five feet deep and eight feet long, with a mesh window that allowed defendants to speak with their attorneys. A jail guard would be inside the holding cell with the defendant. Cowlitz County Superior Court often utilizes a courtroom within the Cowlitz County Jail for short criminal proceedings where no jury or witnesses are present. They required criminal defendants to appear for their hearings within this holding cell. The WA Supreme Court has ruled this as unconstitutional because it undermines the presumption of innocence. In , Luthi pleaded guilty to delivery of heroin within a school zone and was given 36 months of community custody as a mental health sentencing alternative MHSA. May 17, — Marshall L. Middlestaedt spent 1 year in prison before being released from custody following the reversal of a second-degree burglary conviction in Pierce County. In April , Middlestaedt was arrested for second-degree burglary after property owners called the police to report what appeared to be intruders cutting the chain to one of their padlocked gates. At jury trial, witnesses including one of the property owners and one police officer testified that the property could be entered by simply walking through the gaps next to another gate on the property, without needing to open the gate itself. Despite the chain being cut, nothing was taken from the property and no one entered the house on the property. Catallo argued on appeal that because the property was not entirely enclosed, only partially fenced, by law the property did not count as a building so Middlestaedt could not have committed a burglary. Pierce County agreed and conceded that the Court of Appeals should reverse and dismiss the burglary conviction. May 18, — Prosecutors, police and victim advocates generally support the use of courthouse facility dogs in assisting victims and witnesses during court testimony, but what about the accused? The presence of a dog creates undue sympathy for witnesses and prejudice towards defendants. According to the Courthouse Dogs Foundation, as of April 12, , there are 22 courthouse facility dogs in Washington State and courthouse facility dogs and growing across the U. While admirable, their presence may be going further than legislation intended — some dogs are even dressed up before trial and have their own dedicated social media accounts. Defense lawyers are rightfully concerned about what that means for the fair representation of their clients, who are seldom provided the same compassionate comforts and positive publicity. There are no shortage of dog lovers in the offices of the Washington Appellate Project. Dogs are loved and precious creatures, but perhaps do not belong in an environment where the goal is fair and equitable justice. October 6, — Washington Appellate Project grieves the loss of Shannon Bowman, also known as Shannon Blake, who passed away unexpectedly on August 14, The Blake decision was monumental in changing lives for the better, overnight impacting those who were previously charged and convicted under the unlawful drug possession statute.

The Rev. Vaile Leonard: Celebrating 25 Years of Serving the Recovery Community

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Now it's a bit of a party time around the country, so I'd like to start with something a bit different, do you recognise this? It's the Member for Kingsford-Smith who is advising us on matters of culture. He says that you're a philistine, Prime Minister. Yes I read that. He apparently said when was the last time that John Howard or Peter Costello made a speech extolling the virtue of creativity? He probably doesn't realise that and that excludes the money, the very large amount of money we spend on the ABC. It's correct of him to say that we should revel in our artistic achievements as much as we revel in our sporting achievements. He's wrong to say that this Government ignores the arts, but he misunderstands the mood and the temper of the Australian people if he thinks having a go at people being heavily interested in and involved in sport, is in some way odd. No, he doesn't. Look I'm prepared to be charitable and I'm prepared to take a very broad definition of art, although there are a lot of Australians who tend to have a narrower view of what art represents, but he's just wrong if he's looking at the support and the emphasis that we provide. Probably those figures I've used amaze a lot of people, they amazed me actually when I first had them dug out a couple of years ago. The ratio hasn't altered although the amounts have altered, I was quite surprised. But the truth is when you add it all up we do support the arts. We support a lot of local art, sorry local artistic endeavour and we of course give some very strong support to the flagship companies like the Australian Opera and the Australian Ballet and a major block grant to the Australia Council. And some people in the artistic world are pretty good at complaining, they're not very ready to acknowledge the financial support that is provided. Well it might, it might, and well, you know, in its various manifestations it does come at us and but they're interesting figures aren't they? What would you rather do, honestly, spend a day at the New Year's Test against England or a night at the opera? Oh I'd rather spend a day at the New Year's Test but I have attended the opera quite a lot in the past, the ballet less frequently, but nonetheless my wife and daughter are very keen ballet fans and attend it and I go periodically. I rather like the opera but I am unashamedly, like many Australians, very fond of sporting events, particularly Tests. It just annoys me at times, it's not Peter Garrett, but sometimes the arts world looks down on sports Well there is a certain elitism, and this is the reason why many people talk about the arts being elite and I think it's a great pity. There's this sort of petty complaint, saying when did you last go to the opera? When did you last see a stage play? When did you last listen to a piece of classical music? Well the truth is there's room in Australia for all of these things and we ought to be over the moon about the success of our artists. I'm delighted to see a rekindling of investment in Australian films, I think that is terrific, they've gone through a rather difficult stage. I think it's a big mistake for people in the artistic community, because they see somebody in my position being so overtly fond of certain sports, to say well that means he's against the arts. They should actually look below the headline and understand what the Government does do and what the public generally thinks of arts. Actually more people visit museums at weekends I think, on many Saturdays, than go to sporting events. So it's an extraordinary It's interesting too the most popular Australian film at the moment, which was not funded publicly, is all about toilets. Oh it's quite funny. Okay, Telstra, now it's accepted Telstra's got a responsibility to provide a public service. To save money now it's stripping pay phones out of railway stations in Melbourne and perhaps elsewhere. Now I'd argue they're important for kids and for security, not everybody can afford a mobile? No I agree with that, I think it's a very silly decision. I don't know how much money it's saving, probably not a lot. Well, gee, very bad public relations apart from anything else, I mean really bad. Sure a lot of people have mobile phones now, not everybody, and mobile phone sometimes break down, sometimes your battery runs flat and that happens to all of us. And it just seems to me to be a foolish economy and from a security point of view, particularly late at night, young kids on trains, parents think as a fail-safe security device you've got And I think it is rather insensitive of the company to do that. Well that sort of decision is out of touch. I won't say every decision they take is out of touch, that wouldn't be fair. But that decision is foolish and out of touch and should be changed. Mr Trujillo, have you received any answers yet from Telstra on why he's getting huge bonuses while the company's struggling? No I don't expect so. I would hope that there are questions asked about it at the annual meeting. I am not against people being paid high salaries and I recognise in a globalised economy you've got to pay the market. I guess what Peter Costello was getting at, and I agree with him, was there were additional emoluments and bonuses over and above the agreed amounts and given the difficulties the company was having, according to the management, some explanation at the very least was needed. Well the Prime Minister and the Treasurer. And well I think what we were saying was not so much that they should write to us but I think they should offer a public explanation for and defence of the decision. Yes, but once again I don't know that I want to give a running commentary on each and every single aspect. I'm not running the company, the Board is overall responsible for the company and the management is meant to answer to the Board. And if there are issues of accountability it's the responsibility of the Board to see that those I mean we appoint And I understand he's got to be paid a high salary and I don't object to that because otherwise you won't get him. But he is being paid of course a lot more than his predecessor, a lot more. Well I I try to be available but look I don't think it's sensible or fair of me to criticise him for not seeing people. I am not his boss, he's answerable to the Board and if people have problems about him, they should take it with the Board. They just take it up with the directors and not with the Government because we don't directly employ him. And I really don't think I should get into a day-to-day response to every criticism that's made. Well that depends on ultimately how well the company does and how the salary is justified by the Board. It is a huge salary by anybody's language and it's about, what, four times what his predecessor was paid and he was paid a big salary by community standards. But chief executives of large companies are paid big salaries and they need to be paid big salaries and I'm not going to go on the record as generally attacking high salaries being paid to talented company executives. We have to do that to remain competitive. But whenever the salary is very high - and his salary is very high - there does need to be an adequate explanation and I think what Peter was getting at, and I think quite correctly, he was speaking for a lot of people, what he was saying was that well it is a big salary, normally these bonuses are geared to performance and delivery, and the result of performance, so let us have the milestones, let us have the demonstrated performance which justifies it. Yes, look, the way this operates is that we have a Board, I have confidence in the Board, the Board appoints the managing director, we work with who the Board has appointed. You've got full confidence in the Board, even though they've gone into this deal, which they now won't explain? Yes, from the Board. But when you That doesn't mean to say that each and every decision that they make I agree with. It's like saying do you have confidence in the Government? Now if somebody Yes, well look I'm not joining that, I don't think it's helpful for me to say whether he should go or stay. The truth is the Board has chosen him, the Board has confidence in him, we have confidence generally in the Board and we're very happy to work with the Board and we're very happy to work with him. Now there are areas where there's a difference of opinion and that's one celebrated area this week. But we're all adult enough to recognise that. We don't intend to alter our view on Mr Cousins, we will support him at the annual meeting, he's very talented and I think he'll bring a lot of firepower to the Board. To start with he understands the Now it's not just an ordinary company, Telstra, it's a huge telecommunications company, it's still 51 per cent government-owned, it has a long history of government ownership and it's not enough to say, well we're applying ordinary commercial principles in their totality and go away and don't ask me difficult questions - it doesn't work like that way in a company. I don't believe that it is because people will look at the intrinsic value of the company and whilst I am constrained from giving specific investment advice, it's a great company. I believe so. I believe that the disciplines of the market will force it do so and we have a regularity regime and the Government has made it clear that it's not going to relax that regularity regime to suit any individual participant in the market and therefore I'm confident it will. The Prime Minister is with me, we'll take some calls and ask some more questions. John's the first the caller, go ahead John. I am the organiser of the overs interstate cricket carnival in Canberra, November 22, 23, 24, we've got six over teams from interstate - Tassie, New South, ACT, Victoria To play? Heavens above, well if you send the details to Darren Brown in my office, and I will have a look at it, I have a funny suspicion I might not be in Canberra at that time, but let me look at, I wish you well, I think it's fantastic so many people over 60 are still playing cricket. One thing, the ones participating have an average age of 70, the Victorian 2nd XIs and they will be playing at the University Okay John, we'll get a number for you. Prime Minister we talked about this before but it seems to have developed, the proposition for gold mining at Kokoda. Yes, yes. I am quite concerned about it, and I did send a mission and that was reported in the paper this morning and I will be getting a report from them. We obviously respect the laws of Papua New Guinea, but the Kokoda Trail is of enormous historical and military significance to Australia and there has to be a way that fairness and justice can be done to all interests. But it was a high level delegation, it included the Director of the War Graves Commission as well as the senior foreign affairs man in my own Department, and I will be interested to hear what they've got to say, but we are very interested and we don't intend to have it run away from us without anything that can be done, being done. Kim Beazley has confirmed he would pull out of Iraq at once if he wins the election. Do you agree the war is becoming increasingly unpopular in this country? I think the war is unpopular, but what Mr Beazley has promised to do, is, if followed, by other countries, will guarantee the terrorists win. If it's alright for Australia to pull out, why isn't it therefore alright for Britain and America to do the same, and everybody knows that if Britain and America pull out, and follow Mr Beazley's lead then the terrorists will win and that will be an enormous boost to the cause of terrorism around the world. And it actually, what he argued, flies in the face of one of the conclusions of the very intelligence assessment that he relied on to make his criticism of us. That intelligence assessment said that if the terrorists succeed in Iraq, then they will receive a worldwide boost, and it stands to reason, the propaganda value of an allied pull-out of Iraq would be enormous for the terrorists. It was one of those intelligence assessments that in a sense had a bit of I am not persuaded of that, because the alternative, I mean one of the reasons that I am not persuaded of it is that the, you have to look at the alternative, I mean you, if somebody in my position has got to deal with real life options, I mean we either stay or we go. Now if we go, then if it's alright for us to go, it's alright for the Americans and the British to go, if the Americans and the British go then the terrorists win and the jihadist movement has scored the most massive propaganda victory imaginable. Well the reason we went in in the first place was that we believed Iraq had weapons of mass destruction, so did Mr Beazley and Mr Rudd. Mr Rudd said it was an empirical fact that Iraq had weapons of mass destruction, I mean they now forget it. Our argument three years ago was not whether Iraq had weapons of mass destruction, it was whether we should mount a military operation or persevere with the United Nations. When we go into a weekend like this with major events around the country, do you have a little edginess? Well I, like everybody else, I worry about the potential and I hope and pray nothing happens, I don't believe it will and I know all precautions are taken, but you asked me a question, of course. No, no absolutely no advice, no suggestion, no intelligence warnings indicating that this won't be other than a fantastic weekend. I think it's great, I think people are getting on with their lives and that's what they should do. Good morning Neil and Prime Minister. Prime Minister your talk about migrants speaking English My step-son when he came here went to a normal school, a high school, wasn't coping with English at the start of this year and the school said, I think he needs more English tuition So I mean you're a hypocrite really aren't you? No, I'm not a hypocrite. You expect me to deny that charge but look, there is a for everybody who comes to this country, and I don't know the circumstances in which your step-son came, but everybody who comes to this country who doesn't have English is allowed you know some hundreds of hours of free tuition and then there is further backup in relation to that and this is over quite a considerable period of time. If you have the particular circumstances relating to your step-son, if you want to provide them off air to the station I'll have it investigated. Yes just hold on for a moment Josh. Prime Minister there's going to be a conference about this in Sydney, but Ice, the drug, it seems to be emerging as a huge I think that's a valid worry. I hear there is some evidence that as the supply of heroin has dried up, and it certainly has, and there's been a big reduction in the number of heroin deaths - and there's no doubt we have been successful in reducing the heroin death rate, but I think the concerns expressed by a lot of the police commissioners are valid and our Tough on Drugs campaign will have to be evaluated to make sure that we're giving the right responses to people who are moving to other drugs of addiction and away from heroin. Mark Vaile's stepping down from trade to concentrate on the Nationals election campaign. Anybody else planning to wind back for the same reason? It just seems a strange thing to do Well he is the Nationals leader and I think it's a perfectly legitimate thing for him to increase his effort in rural seats that the National Party hold, I think that's part of his job. But Mark said to me when he became Deputy Prime Minister that he wanted to remain Trade Minister until the intensive part of the Doha Round negotiations had concluded and then when that was over he would look at changing portfolios with Warren Truss. And I think Warren, who's a quiet performer, but a very, very effective performer will do a very good job in Trade. Warren is a much under-rated by many people Minister, a very safe pair of hands, he'll be on top of his brief and I think he'll do a very hardworking, effective job for us on the trade scene. It almost seems related with the AWB inquiry, quite some criticism of the AWB in being slack in providing information, what's your view of that? Well I think I better wait until the commissioner reports. I've read the papers and I've read the criticism that Mr Cole made of the company and the email, if correctly reported in the newspapers this morning, is certainly a very significant document. Just to go back a little. Is Mr Ruddock right that under this native title decision, I know it's being appealed, that beaches and parks could be at risk for white Australians? Well he normally is very careful in what he says and I'm myself expecting to read in Canberra when I go there shortly, an assessment from my own Department of the impact of this decision. And the concern people have is that the Federal Court decision by Mr Justice Wilcox is not consistent with the principles laid down by the High Court in the Yorta Yorta case and that seems to be the basis of the concern, not the reaffirmation of native title as such, but the way in which decisions are made about it, a continued connection with the land and the rights that might arise from that. Now you're a very seasoned political watcher and if I can use you as a political commentator for a moment. Is there a chance Paul Keating's making a comeback? Yeh, yeh, he's certainly having a lot to say but I suppose there's still a lot of fight in him, he's not very old. Yes, I gave up listening to anything that Mark Latham said a long time ago and I wouldn't read anything he wrote. Football, now we haven't got a Melbourne team at home and you haven't got a Sydney team in Sydney. Can't you make this illegal? No, no, I think it's actually great for the two codes. I know that's not a popular thing to say in Melbourne and it's probably not a popular thing to say in parts of Sydney either, but if you look at the vision splendid of Australianising all codes of Australian But I can understand in particular Victorians wanting a hallelujah chorus to end soon so they've got a couple of local teams. Well I think Melbourne will win the rugby league and I still think, despite West Coast going in as favourites, I think Sydney will be hard to beat. Find more information on Howard, John on the: National Archives of Australia website opens in a new tab Australian Prime Ministers website opens in a new tab. Release Date:. Released by:. But what about broadly though, is he paid too much? Where are we going? CALLER: My step-son when he came here went to a normal school, a high school, wasn't coping with English at the start of this year and the school said, I think he needs more English tuition To the Labor Party? I think he's just Not a hope.

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