EVERETT — The Washington State Patrol’s investigation into a rape allegation involving Everett City Councilman Mark Olson was finished a year ago but Skagit County prosecutor Rich Weyrich said Friday he hasn’t reached a decision on whether charges are warranted.
The Olson investigation began in June 2007 after a woman alleged that the city councilman sexually assaulted her in his downtown law office after a night of drinking.
Olson has denied the allegation. He admitted sexual contact with the woman but said it was consensual, according to a police affidavit.
Weyrich, who is handling the case at the request of Snohomish County prosecutor Janice Ellis, said he continues to investigate and will “probably have something definitive in the next couple of weeks.”
The Skagit County prosecutor declined to discuss what has kept him from reaching a decision.
Olson on Friday referred questions to his attorney, Jessica Riley of Seattle.
Riley said she has made inquires to Weyrich but she hasn’t heard back from the prosecutor since September.
“That’s not necessarily unusual,” Riley said. “I appreciate that the prosecutor is putting a lot of thought into the decision he’s going to make. It’s a decision that shouldn’t be made haphazardly.”
Riley said she expects to receive notice if Weyrich declines to file a charge, or if the prosecutor arrives at a different result.
State Patrol detective Jeff Rhue this week said he wrapped up his investigation and forwarded the case to Weyrich’s office a year ago Friday, Aug. 29, 2007.
Detectives from the State Patrol searched Olson’s office June 30, 2007, looking for evidence of second-degree rape, court documents show.
A woman, in her 40s, told police she spent the evening with Olson and friends at restaurants in Everett. She recalled feeling very intoxicated and told police she remembers being in Olson’s office at one point. The woman said she believes sexual activity occurred and she was too impaired to consent to the encounter, according to a sworn search warrant affidavit.
Investigators seized genetic evidence from Olson, according to the warrant. Rhue declined to discuss the outcome of his investigation or the results of any state crime lab tests.
Everett police handed the investigation over to the State Patrol to avoid a potential conflict of interest.
Snohomish County prosecutor Ellis made a similar move, asking Weyrich to oversee the investigation.
Ellis said Friday she isn’t in a position to ask about progress.
“Out of respect for the independent role they are fulfilling, I try to ensure that we don’t exert any pressure or influence,” she said.
Ellis said she is not concerned that a decision hasn’t been announced. She trusts that Weyrich and his office are taking the necessary steps to ensure they have all the facts.
“If this is the time Rich needs to evaluate the facts of the case, this is the time he needs,” she said. “I’d rather somebody use the time the law allows for a thorough investigation. I don’t have any reason to believe the case is being ignored.”
Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
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