OLYMPIA – Spurred by the case of an Everett pastor’s son, state senators Monday considered a new law that would set stricter limits on police interrogation of teenagers.
Under the proposal, which is strongly opposed by prosecutors and law enforcement, any child up to age 17 accused of a crime could not be questioned until their parent is present and gives permission.
“I cannot see any reason why you would not want to have the parent there,” said state Sen. Val Stevens, R-Arlington.
But the parents presence could prevent interviews and handcuff investigators trying to solve crimes, said Tom McBride, executive secretary of the Washington Association of Prosecuting Attorneys.
The Senate Human Services and Corrections Committee took no action on the bill, SB 5288, authored by state Sen. Rosemary McAuliffe, D-Bothell.
Its genesis is the case of the teenage son of the Rev. Paul Stoot Sr. In December 2003, police questioned his son, then 13, for more than two hours about the alleged sexual assault of a 4-year-old girl, reportedly getting him to admit guilt.
Last December, a Superior Court judge threw out the statement and dismissed a sexual assault charge against the teen.
Stoot, pastor at Greater Trinity Missionary Baptist Church in south Everett, was not notified when police contacted his son.
State law requires authorities to contact parents of those they interview if they are age 11 or younger. The new law would expand that to include parents of those ages 12 to 17.
“Parents need to be involved with the process,” Stoot said, following the hearing at which he testified. “Children under the age of 17 are too young to comprehend the adult’s challenging questions.”
Current law requires teenagers to be informed of their constitutional right to not answer any questions. The proposed law would let a parent invoke the constitutional right on behalf of their child.
“This document is necessary,” said Wayne Elliott of Bothell, who told lawmakers his son was victimized by police abusing the existing law. “You need to rein them in.”
Mark Roe, Snohomish County chief criminal deputy prosecutor, disagreed.
“We’re not talking about reining police in. We’re talking about shutting them out from one of the best avenues they have to solve terrible crimes,” said Roe, who did not attend the hearing but is tracking the bill.
“If this was law three or four years ago, there are quite a few bodies we’d still be looking for,” he said, noting that a juvenile led investigators to the body of Rachel Burkheimer of Marysville in 2002 and a second juvenile provided key information to solve her murder.
“This bill would keep the police from talking to those individuals,” he said.
McBride and Roe said any admission obtained through interrogation is reviewed by a judge to ensure no coercion occurred.
“They’re speaking from a legalistic view,” Stoot said of prosecutors’ arguments against the law. “They are not speaking from a parental view – from an advocacy view in support of parents.”
Reporter Jerry Cornfield: 360- 352-8623 or jcornfield@heraldnet.com.
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