EVERETT — An inmate sentenced to life in prison for attacking a Monroe corrections officer once vowed that the fight for his freedom wasn’t over.
Nearly two years later, the battle was taken up on Jimi Hamilton’s behalf in a small Everett courtroom. Three state Division 1 Court of Appeal judges heard arguments in Hamilton’s case Thursday at the city’s municipal court, just across the street from where a jury convicted Hamilton of his third strike.
The judges were in town as part of their tour of county and city courtrooms. They typically work out of Seattle, hearing appeals from superior courts in King, Snohomish, Skagit, Island, San Juan and Whatcom counties.
“It was nice to drive north this morning instead of south,” Judge Stephen Dwyer said.
Dwyer, of Edmonds, served a short time on Snohomish County Superior Court bench before being elected to the appellate court in 2005. He also served nine years as a district court judge in south Snohomish County.
Dwyer was joined Thursday by Judge Robert Leach, of Everett, and Judge Marlin Appelwick, of Seattle.
The judges with Division 1 started traveling and hearing arguments at other locations in 1998.
“Their purpose is to make it easier for students, attorneys and other Washington residents to attend oral arguments and increase understanding of how the appellate system works,” court spokeswoman Lorrie Thompson said.
It was the first time the judges stopped by Everett Municipal Court. They heard brief arguments in six cases from Snohomish, King, Skagit, Whatcom and San Juan counties.
“It was a great opportunity for local practitioners, and I thought it was thoughtful of them to focus on cases from around here,” Everett Municipal Court Judge Laura Van Slyck said.
The courtroom was packed as the judges heard arguments in the Hamilton case. The public defender who represented him was there, along with the Snohomish County deputy prosecutor who took the case to trial.
Hamilton, who is housed at Clallam Bay Corrections Center, was not present.
His appellate lawyer argued in part that his client didn’t receive a fair trial because the deputy prosecutor improperly questioned a defense witness about medical records that weren’t in evidence at trial.
Hamilton’s trial attorneys had argued that their client couldn’t form the intent to assault corrections officer Nicholas Trout in 2012 because he was in a “dissociative state.” The defense hired a psychiatrist to review Hamilton’s mental health records, and testify about the lasting effects of being frequently held in solitary confinement. They argued that Hamilton’s mental health issues went untreated in prison.
Jurors were told that Hamilton believed he was defending himself against an inmate who had once warned him never to be a snitch in prison. He was panicked that he was going to be attacked because he recently had reported that another inmate and a female corrections officer were having a sexual relationship, jurors were told.
Prosecutors alleged that Hamilton was mad that Trout wouldn’t let him visit another area in the unit. He raced toward the corrections officer, knocked him to the ground and wailed on him with both hands. A video captured the assault.
The case took about two years to get to trial and included allegations that the state Department of Corrections illegally snooped on Hamilton’s correspondence with his attorneys. His appeal revisits those allegations.
It’s unclear when the judges will rule on Hamilton’s appeal.
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley.
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