King County Prosecuting Attorney's Office Criminal DivisionEarly Plea Negotiations Purpose:The KCPAO is committed to the fair and expeditious resolution of every criminal case. Our Early Plea practice is based on our belief that many cases can be fairly resolved early in the life of a case - and that an early plea is a significant mitigating factor in the negotiation process. Hours of Negotiation:Most units in the criminal division have a designated prosecutor devoted to early plea negotiations. The hours of negotiations and other information for each EPU deputy is attached. Defense counsel are encouraged to meet with EPU early. Our EPU prosecutors strive to make themselves available to all defense attorneys, including those in trial, and will make appointments outside of regular drop-in hours to accommodate attorneys who are in trial or otherwise need to meet at another time. Discovery:
The KCPAO will make its best effort to provide all discovery for the defense that is available at the time of filing or that becomes available thereafter. If the defendant requests a copy of redacted discovery, the EPU prosecutor will discontinue negotiations and will have the case assigned to a trial deputy. We simply are not staffed to provide this added service with our limited EPU staff Defense Investigation:The PAO does not intend to alter existing practices. Still, if the defense intends to conduct additional investigation beyond reviewing the discovery (e.g. contacting State's witnesses), and also wishes to keep an early plea offer open, counsel would be wise to review the attached summary of EPU practices for each Unit. If the defense attorney is still unsure about whether investigation will impact negotiations, the attorney should contact the assigned EPU prosecutor. Questions:The KCPAO is committed to the continued success of our EPU process. We encourage defense attorneys with comments, questions, concerns or suggestions about any aspect of our EPU practice to contact the Unit Chair or the Assistant Chiefs of the Criminal Division. Seattle: Erin Ehlert at 296-9454 or Erin.Ehlert@kingcounty.gov MRJC: Dan Clark at 296-9659 or Daniel.Clark@kingcounty.gov Seattle EPU HoursFor preassigned cases, contact the assigned prosecutor directly to schedule an appointment for negotiations or pretrial discussions Domestic Violence Unit (DVU)
Negotiator: Tomas Gahan (205-7431), Tomas.Gahan@kingcounty.gov. Hours: Mondays, 9:00-12:00; Wednesdays 1:00-4:00; and by appointment; unavailable for appointments during DV Calendars (Tuesdays and Thursdays 10:00-12:00, and Tuesday afternoons). Other Information: No negotiations by email unless a case has been discussed in person first, but defense counsel may email any information the attorney would like considered prior to negotiations. Negotiations will continue throughout the pendency of a case. However, the case will be transferred to a trial DPA if significant additional investigation is necessary or witness interviews are requested.
Special Assault Unit (SAU)Negotiator: Corinn Bohn (296-9649), Corinn.Bohn@kingcounty.gov; contact Lisa Johnson (296-9504) if Corinn is unavailable. Hours: Mondays, 9:00-12:00; Wednesdays 1:30-4:00, and by appointment Other Information:
Will negotiate by email. Negotiations will continue throughout the pendency of a case. However, if defense requests discovery above what is expected during the EPU period (e.g. victim/witness interviews, CPS/counseling records that are not in our possession, lab testing that we would not do unless case goes to trial, etc) then the case must be assigned to a trial deputy and any outstanding EPU offer is withdrawn.
Violent Crimes Unit (VCU)Including: Attempt Murder 1/2, Assault 1/2/3, Robbery 1/2, Theft 1 (from a person), Kidnapping 1/2, Unlawful Imprisonment, Burg 1/2, Res Burg, Arson/Reckless Burning, Threat to Bomb, V. Hom, V. Assault, Hit and Run, Felony DUI, All VUFA 1/2, Possession of Stolen Firearm, Theft of Firearm, Promoting Prostitution, Tampering/Rendering, Perjury, Malicious Harassment, Felony Harassment, Animal Cruelty 1/2, Possessing Dangerous Dogs, CTI, Eludes, Escapes General VCU cases (see specialty practices below) Negotiator: Cases are assigned to the negotiators alphabetically by offender's last name. If there are co-defendants, use the last name of the first co-defendant: A-L: Amy Montgomery (296-8987), Amy.Montgomery@kingcounty.gov M-Z: Erin Becker (296-9000), Erin.Becker@kingcounty.gov In the event neither negotiator is available, defense may contact Gary Ernsdorff at Gary.Ernsdorff@kingcounty.gov. Hours: Open hours Mondays through Thursdays, 9:00-11:00 or by appointment. Other Information: Will negotiate by email. Negotiations will continue throughout the pendency of the case, but the defense should expect that the State’s best offer will be made at EPU. If the defense requests discovery beyond what is normally expected during the EPU period (such as victim/witness interviews, redacted discovery, records that are not in the possession of the State, lab testing, etc.), then the case must be assigned to a trial deputy and any outstanding EPU offer is withdrawn. EPU offers will not be kept open for an extended period of time. Further, the State reserves the right to revoke an EPU offer in other circumstances, such as new information or evidence, the defendant’s commission of new crimes, a failure to appear, violations of conditions of release, any evidence of inappropriate communication/contact with victims or witnesses, etc.
Car Theft Initiative (CTI)Negotiator: Shaya Calvo (296-9486), Shaya.Calvo@kingcounty.gov. Hours: Open hours Mondays, Wednesdays and Thursdays, 9:00-11:00 or by appointment. Other Information: See general Violent Crimes Unit EPU negotiation practices noted above.
Felony TrafficIncluding: Veh. Hom., Veh. Assault, Felony Hit and Run with a death, Felony DUI Negotiator: Amy Freedheim; (296-9478), Amy.Freedheim@kingcounty.gov. In the event Amy is not available, defense may contact Erin Becker at Erin.Becker@kingcounty.gov. Hours: By appointment only. Other Information: Will negotiate by e-mail. In person negotiations encouraged for initial discussions of any case. Plea forms must be turned in prior to the plea hearing. Most felony traffic cases will be assigned to Amy Freedheim for trial. Felony DUI cases set for trial are currently assigned to Samantha Kanner, Samantha.Kanner@kingcounty.gov. See general Violent Crimes Unit EPU negotiation practices noted above.
Repeat Burglary Initiative (RBI)Negotiator: Mafe Rajul (296-9506), Mafe.Rajul@kingcounty.gov. In the event Mafe is not available, defense may contact Erin Becker at Erin.Becker@kingcounty.gov. Hours: Monday/Wednesday 9:00-11:00; and by appointment. Other Information: Will negotiate by e-mail. In person negotiations encouraged for initial discussions of any case. Plea forms must be turned in prior to the plea hearing. RBI will not negotiate all burglary cases, only cases involving defendants who have been identified as prolific offenders. A prolific offender is any defendant who has been recognized by a policing agency or the KCPAO as having a disproportionate effect on crime rates in the region. Most prolific offenders will have several prior, current, or uncharged burglary cases. See general Violent Crimes Unit EPU negotiation practices noted above.
Malicious Harassment (Hate Crimes)Negotiator: Mike Hogan (296-9527), Michael.Hogan@kingcounty.gov. In the event Mike is not available, defense may contact Erin Becker at Erin.Becker@kingcounty.gov. Hours: Mornings by appointment only. (Other times may be available as needed). Other Information:
Economic Crimes UnitIncluding: VUCSA, Forgery, ID Theft, Theft 1/2, PSP 1/2, MM 1/2, Trafficking 1/2, UIBC, FTR/Theft of Rental Prop., Promoting Prostitution, Money Laundering, Insurance Fraud, Mortgage Fraud, Voter Fraud, Cheating, Complex Financial Crimes, Elder Abuse DrugsNegotiator: Kathy Ungerman (296-0558), Kathy.Ungerman@kingcounty.gov or contact Angela Kaake (296-9532) if Kathy is unavailable. Hours: Mondays, Wednesdays, and Thursdays, 9:00-12:00, and by appointment. Other Information: In person negotiations required for initial discussions of any case; follow-up clarifications can be done via email. An EPU offer is revoked when a case transfers to a trial deputy or a specific deadline is given. A case transfers to a trial deputy, and the EPU offer is automatically revoked, if a trial date is taken, redacted discovery is requested to provide to the defendant, or witness interviews are ordered by the court. Generally, investigation by the defense, including witness interviews, does not revoke an EPU offer, with the exception of confidential informant cases. The State reserves the right to revoke an EPU offer in other circumstances (such as a new crime is committed, new charges are filed, additional criminal history is discovered, the defendant fails to appear for court, etc.), although it strives to provide predictability and notice to the defense of any revocation.
Economic Crimes / Property OffensesNegotiator: Angela Kaake (296-9532), Angela.Kaake@kingcounty.gov; contact Amy Meckling (296-0558) if Angela is unavailable. Hours: Mondays, Wednesdays, and Thursdays, 9:00-12:00, and by appointment. Other Information: In person negotiations required for initial discussions of any case; follow-up clarifications can be done via email. An EPU offer is revoked when a case transfers to a trial deputy or a specific deadline is given. A case transfers to a trial deputy, and the EPU offer is automatically revoked, if a trial date is taken, redacted discovery is requested to provide to the defendant, or witness interviews are ordered by the court. Generally, investigation by the defense, including witness interviews, does not revoke an EPU offer, with the exception of sensitive victim/witness interviews. Notice of any specific case that may have sensitive victims or witnesses will be provided to the defendant upon request. The State reserves the right to revoke an EPU offer in other circumstances (such as a new crime is committed, new charge are filed, additional criminal history is discovered, the defendant fails to appear for court etc.), although it strives to provide predictability and notice to the defense of any revocation.
Elder AbuseNegotiator: Page Ulrey (296-9539), Page.Ulrey@kingcounty.gov Hours: By appointment. Other Information: No negotiations by email unless a case has been discussed in person first, but defense counsel may email any information the attorney would like considered prior to negotiations. Deadline for offer will be specified when offer is extended. Offer will be withdrawn when case is set for trial or victim interview is conducted unless otherwise specified.
Mortgage FraudNegotiator: Dave Seaver (296-9070), Dave.Seaver@kingcounty.gov Ivan Orton (296-9082); Ivan.Orton@kingcounty.gov Hours: By appointment. Other Information: Email negotiations are permitted, but in person negotiations are preferred and more effective. Negotiations are to take place only upon defense fully reviewing discovery. The assigned prosecutor will be available to identify the critical documents and witness statements. Deadline for offer will be specified when offer is made. Plea offers made early in process will always expire if the defendant sets matter for trial.
MRJC EPU HoursFor pre-assigned cases, contact the assigned prosecutor directly to schedule an appointment for negotiations or pretrial discussions Domestic Violence Unit (DVU)Negotiator: Cecelia Gregson (205-7451), Cecelia.Gregson@kingcounty.gov. Contact Jimmy Hung if Cecelia is unavailable. Hours: Tuesdays, 1:30-4:00; Thursdays, 8:30-12:00; and by appointment. Unavailable for appointments during DV Calendars (Tuesday and Wednesday mornings). Other Information: In person negotiations required for initial discussions of any case; follow-up clarifications can be done via email. Plea forms must be turned in prior to the plea hearing. Negotiations will continue throughout the pendency of a case. However, the case will be transferred to a trial DPA if significant additional investigation is necessary or witness interviews are requested.
Special Assault Unit (SAU)Negotiator: Rich Anderson (205-7466), Rich.Anderson@kingcounty.gov; contact Chuck Sergis (205-7462) if Rich is unavailable. Hours: Tuesdays, 1:30-4:00; Wednesdays, 9:00-12:00, and by appointment. Other Information: Will negotiate by email. Negotiations will continue throughout the pendency of a case. However, if defense requests discovery above what is expected during the EPU period (e.g. victim/witness interviews, CPS/counseling records that are not in our possession, lab testing that we would not do unless case goes to trial, etc) then the case will be assigned to a trial deputy. Once that occurs, any outstanding EPU offer is withdrawn and the trial DPA will negotiate in accordance with the effect the additional discovery has on the case.
Violent and Economic Crimes UnitNegotiators: Tod Bergstrom (205-7461), Tod.Bergstrom@kingcounty.gov; and Bianca Tse (205-7440), Bianca.Tse@KingCounty.gov Attorneys are welcome to approach either negotiator based upon availability, but once negotiations begin with a negotiator they generally remain with that negotiator through resolution. Hours: Mondays through Wednesdays, 8:45-12:00 and, for Tod Bergstrom, after case setting (approximately 3:00-4:30), and Thursdays 10:00-12:00, and by appointment. Other Information: First negotiation must occur in person, email thereafter for minor adjustments to the recommendation. Case transfers to a trial DPA upon request for interviews, OR, upon request for redacted discovery OR after case is set for trial. Generally, investigation by the defense, including witness interviews, does not revoke an EPU offer, with the exception of the following: witness is a confidential informant, or a sensitive victim/witness is involved. The State reserves the right to revoke an EPU offer in other circumstances (such as a new crime is committed, additional criminal history is discovered, failures to appear, or violations of CCAP, etc.), although it strives to provide predictability and notice to the defense of any revocation.
Car Theft Initiative (CTI)Negotiator: Tod Bergstrom (205-7461) or Bianca Tse (205-7440). If they are unavailable, contact Doug Young (205-7426); Doug.Young@kingcounty.gov. Hours: same as Violent and Economic Crimes Unit information above. Other Information: Felony Traffic (Veh. Hom., Veh. Assault, Felony Hit and Run with a death, Felony DUI) Negotiator: Amy Freedheim (296-9478), Amy.Freedheim@kingcounty.gov Hours: By email or appointment on Wednesdays only. Other Information:
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