EDMONDS — The state Court of Appeals on Monday upheld the conviction of a former Edmonds police officer who was found guilty of having sex with a woman in his custody.
A Snohomish County jury in 2013 convicted Daniel Lavely of first-degree custodial sexual misconduct. Jurors were convinced that Lavely had sex with a woman whom he had escorted out of Andy’s Motel on Highway 99 and placed in his patrol car. She testified that Lavely asked her for sex while they were parked behind a clothing store.
It is against the law for a police officer to have sex with somebody they are detaining, even if the contact is consensual.
Lavely was sentenced to a year in jail. He’s also required to register as a sex offender.
Lavely appealed his conviction and argued that there wasn’t enough evidence to prove that he had detained the woman. He also accused Snohomish County deputy prosecutor Adam Cornell of misconduct, arguing that Cornell had improperly vouched for the victim’s truthfulness while questioning her in front of jurors and during his closing arguments.
The state Court of Appeals disagreed and declined to overturn the conviction.