Rape case against Brinnon man dismissed

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Nearly six years after a Brinnon man was sentenced to almost 21 years behind bars, the Jefferson County Prosecutor’s Office has moved for the dismissal of all 31 criminal charges against him. The Jefferson County Superior Court has agreed to the motion.

In 2012, Jefferson County Superior Court Judge Craddock Verser sentenced then 49-year-old Patrick McAllister to 250 months in jail after McAllister was found guilty Aug. 10 of 12 counts of second-degree rape, 11 counts of third-degree rape and eight counts of fourth-degree assault against a woman from the Philippines, whom he brought to the U.S. to marry.

On April 26, Jefferson County Superior Court Judge Keith Harper ordered those charges be dismissed without prejudice, after Jefferson County Prosecuting Attorney Michael Haas moved to dismiss the case April 25, “due to a number of evidentiary problems,” according to Haas’ declaration of counsel filed with the court.

 ‘QUESTIONABLE’ CONVICTION

“This was a very difficult decision to make,” Haas wrote in the declaration. “The decision to dismiss reflects the practical realities of the case – what the state can prove eight years after the fact, what it cannot and a variety of points of attack the defense would likely make.”

In the declaration, Haas wrote the alleged victim should have been sent to a sexual assault nurse examiner “almost immediately” after law enforcement received reports of sexual assault on her.

“Attempts should have been made to interview Mr. McAllister,” Haas wrote. “That does not appear to have been done.”

Haas also cited the results of a polygraph administered to McAllister. While polygraph results are not admissible in court, Haas wrote, “I cannot ignore these results.” The polygraph determined McAllister’s denial of assaulting the alleged victim was truthful.

Haas wrote he might have suspected McAllister had simply “beat the machine,” except the polygraph results “indicated deception when asked about offensive contact with other women.”

Haas also wrote the jury was exposed to evidence of injuries to the alleged victim that “we knew then and know now ... could not have been caused by Mr. McAllister,” adding, “Why this information was allowed to be heard by the jury is beyond me.”

In his concluding paragraph, Haas wrote, “Had the defense had access to the data/information it has today and had the defense taken other steps it should have taken when this case was first tried, it is questionable whether Mr. McAllister would have been convicted.”

Although he wrote he was “not happy” to do so, Haas nonetheless declared dismissing the case was “the correct decision to make legally and ethically.”

‘PERFECT STORM’

Lance Hester and Casey Arbenz were the attorneys representing McAllister during the original trial, but Tacoma-based attorney John Cain has represented McAllister as the charges against him have been dismissed.

“At his first trial, Mr. McAllister was the victim of a perfect storm – an ineffective counsel and an overly zealous prosecutor who withheld exculpatory evidence,” Cain said. “As we headed to a second trial, additional exculpatory evidence was obtained, some of which proved Mr. McAllister could not have physically injured the alleged victim as suggested at the first trial.”

Cain deemed Haas’ decision to dismiss as “in conformance with the high standards the public should expect of a prosecutor.”

Cain had filed a motion to dismiss that was not heard because Haas decided to dismiss the case voluntarily.

“My motion to dismiss was based on prosecutorial misconduct,” Cain said. “Mike Haas’ declaration fairly describes the insufficiency of the evidence for a conviction.”

Cain also described himself as “grateful for the opportunity to have successfully defended a client whose innocence I am convinced of.”

Both Cain and McAllister, who submitted a written statement to The Leader, praised Patrick McAllister’s now deceased twin brother, Michael McAllister, who believed in his brother and worked to exonerate him.

“Mike did countless public disclosure requests that proved that the state had withheld exculpatory evidence,” Cain said. “Unfortunately, he died a few years ago, before the personal restraint petition was filed, which lead to this result.”

McAllister likewise wrote about how “the countless hours (Michael) dedicated to my case” made the difference, and he thanked all those who believed in his innocence.

“I pray that no one else ever has to go through what I have been through,” McAllister wrote. “I want to send a clear and cogent message that this type of government abuse, the willful withholding of evidence, will not be tolerated.”