Judge refuses to overturn verdict keeping sex offender behind bars

By SCOTT NORTH

Herald Writer

A Snohomish County judge declined Friday to second-guess a jury’s decision to keep a convicted rapist locked up, even though state experts believe he’s ready to be eased back into the community.

Mitchell Gaff, 42, had asked Superior Court Judge James Allendoerfer to toss out an August verdict that will keep him locked up for another year at the Special Commitment Center for sex offenders. The center is inside the state’s prison on McNeil Island in south Puget Sound.

Gaff has been diagnosed as a sexual sadist. Allendoerfer ruled there is sufficient evidence to support the jury’s conclusion that it is not yet safe for Gaff to taste freedom, even under strict supervision.

But the judge also made clear he is not comfortable with much of what has happened in Gaff’s case.

He said some of the statistical evidence jurors heard about the risk that Gaff may rape again probably wouldn’t survive scientific scrutiny if attacked more vigorously in court.

The judge also criticized state officials for requiring Gaff to undergo a treatment program that some evidence indicates could actually make him more likely to harm others in the future.

That not only makes little sense, it also may be unconstitutional, the judge said.

Gaff was clearly unhappy with Allendoerfer’s decision, but he maintained his composure while in the courtroom and as he was hustled back to jail.

The judge’s ruling came after nearly two hours of arguments by lawyers .

Gaff’s attorney, public defender Mark Adair, said prosecutors had failed to make the case that his client belonged behind bars. Every expert testified the time had come to move Gaff into a community-based setting, where he can continue to receive treatment under strict supervision.

"We are not asking the court to simply unlock the door and send him on his merry way," Adair said.

Deputy prosecutor Paul Stern reminded the judge the same state experts testified that statistical analysis shows up to 92 percent of people with Gaff’s particular problems are likely to reoffend within 25 years.

"I’ve not met anybody in 19 years (of prosecuting rapists and murderers) who is more dangerous to this community than Mitchell Gaff," Stern said.

But Allendoerfer said the statistical analysis used appears too crude to take into account the effects of Gaff’s eight years of sex offender treatment.

As for Stern’s observations about Gaff’s dangerousness, "We aren’t talking about what you think" but whether Gaff has changed, he told the prosecutor.

At his trial in August, Gaff testified he raped eight women and girls during the late 1970s and early 1980s and sexually attacked scores more. At one point, he was accosting or attempting to attack 10 to 30 women a day, knocking some to the ground and putting his hands up their skirts, he admitted.

Gaff has been behind bars since 1984, when he slipped into an Everett home and bound and gagged two sisters, one 14, the other 16. He spent more than two hours repeatedly raping, sodomizing and beating the pair.

The attack ended only when one of the girls was able to wriggle free and escape, naked, into the street. At the time, Gaff had been trying to strangle one of the girls with an electrical cord.

Gaff served 10 years in prison for the 1984 rapes. On the eve of his release, prosecutors filed papers seeking to have him detained under the state’s sex predator law. A Snohomish County jury in 1995 determined Gaff belonged behind bars receiving treatment.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Lynnwood councilor Joshua Binda speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Does the Lynnwood Council VP live in Lynnwood? It’s hard to say.

Josh Binda’s residency has been called into question following an eviction and FEC filings listing an Everett address. He insists he lives in Lynnwood.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

An American Robin picks a berry from a holly tree on Thursday, Feb. 13, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Calling all birders for the annual Great Backyard Bird Count

The Audubon Society will hold its 28th annual Great Backyard… Continue reading

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

Aaron Kennedy / The Herald
The Joann Fabric and Crafts store at 7601 Evergreen Way, Everett, is one of three stores in Snohomish County that will close as part of the retailer’s larger plan to shutter more than half of its stores nationwide.
Joann store closure plan includes Everett, Arlington, Lynnwood locations

The retail giant filed a motion in court to close approximately 500 stores in the U.S.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.