An Everett pastor said Thursday he’ll continue pursuing a law change to protect children from police interrogations, even though his son no longer faces criminal charges.
His comment came hours after a judge dismissed a sexual abuse charge against his 14-year-old son.
Snohomish County Superior Court Judge Thomas Wynne Thursday found that a now 5-year-old girl was not competent to testify in the case against the boy, who was charged in Juvenile Court with first-degree child molestation. The girl, who was 3 when the alleged molestation happened, was the chief witness.
In January, an Everett police detective questioned the boy for more than two hours before he allegedly confessed. In November, another judge ruled the confession was coerced, the boy did not understand his rights and the statement could not be used at trial.
Pastor Paul Stoot of Greater Trinity Missionary Baptist Church was incensed that the officer was allowed to interview his son for a long time without legal counsel or parents being present, and he proposed a law change to protect children.
Under current law, police don’t need parental permission to interview children age 12 or older. Stoot said he wants to raise that age limit to 17, and intends to discuss the issue with legislators beginning next week.
The Juvenile Court trial continued, despite not having a confession. It was an unusual case in which more than a dozen people testified over three days. Many members of Stoot’s congregation and others jammed the courtroom. And Everett lawyers Michael Andrews and Mitch Cogdill represented Stoot’s son.
Stoot said he stood by his son, and Wynne’s dismissal put him “on top of the world. We had an excellent judge, a fair judge.”
The trial also had its share of drama with an allegation that the 5-year-old girl’s mother threatened one of the defense witnesses, Cogdill said. That allegation was bolstered by the playing of a 911 emergency-call tape from the panicked witness, with the sound of what could have been someone banging on a door in the background.
Cogdill said the case should never have gone to trial after the defendant’s statements were thrown out. He also said the girl should not have been put through testifying.
Prosecuting Attorney Janice Ellis disagreed.
“This case, as in so many child sexual-abuse cases, came down to the child’s ability to testify,” Ellis said. “She was given the opportunity this week, and the court found her not competent. I am confident that we addressed the case appropriately and justly.”
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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