Published August 25, 2010

Amendment needed for our safety in light of Clemmons case
THE OLYMPIAN

The memory of the four slain Lakewood police officers looms large as general election voters are asked to approve a constitutional amendment that would allow judges to deny bail to criminal defendants facing a sentence of life in prison.

Engrossed Substitute House Joint Resolution 4220 allows judges could deny bail when they have clear and convincing evidence of a defendant’s propensity for violence that would likely endanger the lives of others.

The Olympian’s editorial board encourages voters to approve ESHJR 4220 at the Nov. 2, general election.

The Nov. 29 shooting of Lakewood officers Mark Renninger, Ronald Owens, Tina Griswold and Greg Richards rocked this state to its core. Maurice Clemmons, 37, the man who walked into a Parkland coffee shop and shot the officers as they prepared for their shift, was on the run for two days before he was shot and killed by a Seattle police officer.

The investigations that followed uncovered multiple mistakes. At one point in his criminal career, for example, Clemmons was convicted of five felonies in Arkansas and was sentenced to 108 years in prison. But former Arkansas Gov. Mike Huckabee, a Republican, let Clemmons out of jail after 11 years.

There were breakdowns in this state, too. When he arrived in Washington state while on parole in 2004, Clemmons was declared a “high risk to reoffend.” Yet that label and a subsequent arrest on eight potential felony charges, including rape, were — unbelievably — not sufficient to keep him behind bars. Just days before the Parkland shooting, Clemmons was allowed to post bail and walk out of the Pierce County Jail.

It was that breakdown in the system that lawmakers promised to fix with their constitutional amendment. The measure, approved 92-4 in the House and 48-0 in the Senate, would allow judges to deny bail when a suspect such as Clemmons is charged with a crime carrying a possible life sentence. The judge must make a finding that the defendant is considered a danger to the community.

The proposed constitutional amendment is a single sentence in length. It reads, “Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the Legislature.”

Rep. Mike Hope, R-Lake Stevens, sponsor of the amendment said, “This is the biggest, most important piece of law enforcement legislation in years.”

“I can think of no constitutional amendment in recent memory that has as great of a consequence as this one, ” said Rep. Chris Hurst, D-Enumclaw.

While it’s true that this amendment passed the Legislature in response to the Lakewood killings, it’s not wise for voters to change the constitution because of one heinous crime. We don’t see this as a knee-jerk reaction, however. We see it as a well reasoned adjustment to the state constitution that acknowledges that judges need more discretion to keep a group of serious offenders in jail until their criminal case can be adjudicated.

The constitution says that bail can be denied only for defendants charged with a capital offense — in other words a murder where the criminal defendant may face the death penalty. Court rules even allow judges to release a murder defendant on bail if the judge finds no flight risk or a likelihood that the defendant will harm others.

Those who oppose passage of this constitutional amendment say an innocent person may be detained, and that the ballot proposal takes away the presumption of innocence.

It does not. Defendants facing life in prison can be denied bail only if the judge finds that they pose a clear danger to the community. The amendment allows judges to do what they do best — administer justice in a fair and impartial manner and protect the community.

Those who testified in support of this amendment to the constitution as it worked its way through the legislative process were right when they said giving judges more discretion to deny bail to dangerous criminals will protect the public and law enforcement officers.

It’s a tragedy that it took the slaughter of four Lakewood police officers to shed light on the fact that defendants like Maurice Clemmons deserve closer scrutiny and judges need more latitude in determining whether bail should be set.

Voters should support this constitutional amendment with a “yes” vote on Nov. 2.

Read more: http://www.theolympian.com/2010/08/25/v-print/1346399/amendment-needed-for-our-safety.html#ixzz0xet8QfLd