|
Publication
bans no longer automatic to protect police dirty tricks |
Is Canadian media no more than
an arm of the police? | The
interrogation room (Reid Technique) | Monique
Turenne | John Chalmers |
Jean Paul Aubee |
Sebastian Burns
and Atif Rafay
| The
disbarment of Theresa Olson brought an unprecedented number of
visitors to this page. About 10% went on to read
more about the Rafay/Burns case. I hope that those who are
interested in Theresa Olson are aware of the dirty tricks in
this case. Canadian cops use tactics that would automatically
disqualify the "confessions" gained if they had bee
operating in the U.S. Al Haslett and Gary Shinkarek went to visit
the jail cells of Sebastian and Atif while they were in court.
They seem to have developed a very chummy relationship with the
guards and others in the U.S. justice system. Some of their behavior
-- notably lying through their teeth -- could well have rubbed
off, if you'll pardon the phrase, on the guards who testified
to seeing Ms. Olson and her client. Maybe they saw this in their
sick dreams. |
Wilfred
Hathway: Al Haslett,
the main instigator of the sting on Rafay and Burns was a police
operative in coercing a confession from Hathway in April, 2004
|
Defence committee for Rafay and Burns | Full
scrapbook of trial reports
 Analysis
of the sting
Thersesa Olson
punished
State Supreme Court suspends
Theresa Olson for two years
By GENE JOHNSON, ASSOCIATED
PRESS WRITER, ,SEATTLE POST-INTELLIGENCER , April 7, 2005
SEATTLE -- The state Supreme
Court has suspended Theresa Olson, a lawyer caught having jailhouse
sexual relations with a triple-murder defendant she was representing,
for two years.
The suspension, announced Thursday,
takes effect Friday and follows the revised recommendation of
the state Bar Association's disciplinary board. In 2003, the
Supreme Court rejected the bar's recommendation for a one-year
suspension.
In addition, Olson must undergo
a psychological evaluation before she can be reinstated.
Justices Richard Sanders and
Jim Johnson both dissented, arguing that the suspension was too
harsh in part because there was "no evidence" sexual
relations had occurred - even though on Aug. 10, 2002, guards
outside a King County Jail conference room saw her client, Sebastian
Burns, standing behind her with his pants down and his penis
erect. Her long dress was pulled up around her waist, the guards
testified.
The state's Rules of Professional
Conduct for lawyers prohibit "sexual relations" between
clients and their counsel, unless there was a pre-existing sexual
relationship. Sanders argued that the term "sexual relations"
refers only to male-female vaginal intercourse and cited a dictionary
definition of "coitus."
Sanders' dissent was reminiscent
of the definition former President Bill Clinton relied on when
he famously denied having "sexual relations" with Monica
Lewinsky.
"I often disagreed with
President Clinton, but I thought he was technically correct,"
Sanders told The Associated Press on Thursday.
"You have to write it
down in plain English about what's prohibited. If it's not prohibited,
it's not prohibited."
Sanders and Johnson argued
that some lesser discipline was appropriate under another rule,
one that bars actions that are prejudicial to the administration
of justice - which her misuse of the jail conference room was.
They also argued that there was no reason to force Olson to undergo
a psychological evaluation before being reinstated, as there
was no evidence her mental capacity was in question.
At the time of the encounter,
Olson was 43 and married; Burns was 26. Olson was removed from
the case, and Burns was given new counsel. He was convicted last
year, along with his friend, Atif Rafay, of beating Rafay's sister
and parents to death at their Bellevue home in 1994.
Olson's lawyer, David Allen,
did not immediately return a call seeking comment after business
hours Thursday.
The state's code of ethics
for lawyers has long barred such relationships implicitly, but
it wasn't until three years ago that it was amended to expressly
forbid them. Legal experts say there are numerous reasons for
banning such affairs, such as the possibility that emotional
attachment might cloud judgment when it comes to legal strategy
and that the client's defense could be jeopardized if the relationship
turns sour.
Olson had no record of prior
discipline since being admitted to the bar in 1986. She worked
for 15 years with The Defender Association, which provides legal
help to those who can't afford their own lawyers.
Burns had been her sole client
for nearly three years.
Lawyer Punished For Jail-Sex
Romp
CBS, SEATTLE, April 7, 2005
The state Supreme Court on
Thursday announced a two-year suspension for a lawyer caught
having jailhouse sex with a triple-murder defendant she was representing.
Theresa Olson's suspension
begins Friday; she must undergo a psychological evaluation before
she can be reinstated.
Earlier, Olson and the state
Bar Association had agreed to a one-year suspension, but the
high court rejected the bar's recommendation.
In 2002, guards outside a King
County Jail conference room saw Olson with her dress pulled up
and her client, Sebastian Burns, standing behind her with his
pants down.
At the time of the encounter,
Olson was 43 and married; Burns was 26.
Olson was removed from the
case, and Burns was given new counsel. He was convicted last
year, along with a friend, of beating the friend's sister and
parents to death at their Bellevue home in 1994.
Olson's lawyer, David Allen,
did not immediately return a call seeking comment after business
hours Thursday.
Suspension suggested
for former public defender
By Christine Clarridge,
Seattle Times staff reporter, September 29, 2004
A disciplinary hearing examiner
ruled yesterday that the law license of a former public defender
accused of having jailhouse sex with one of her clients should
be suspended for two years.
In his ruling, hearing examiner
David Thorner found that Theresa Olson had, in fact, engaged
in sexual relations with her former client, convicted triple
murderer Glen Sebastian Burns, despite her protestations to the
contrary.
During the Aug. 10, 2002, meeting
between Olson, 45, and Burns, 29, Olson "knowingly and intentionally
engaged in inappropriate, intimate physical contact, including
sexual relations, with her client, Mr. Burns," Thorner wrote
in his ruling.
The ruling, which will be sent
to the Washington State Bar Association's Disciplinary Board
for review and then on to the state Supreme Court for final approval,
may be appealed by either Olson or the bar association.
During the four-day disciplinary
hearing earlier this month, the bar association charged Olson
with violating a legal ethics rule that bars lawyers from having
sexual relations with clients and claimed that Olson's behavior
had given the legal community a "well-publicized black eye."
In his ruling, Thorner determined
that Burns suffered harm as a result of Olson's inappropriate
sexual, physical and personal relationship with him. He also
found that additional public money had to be used to hire new
counsel and that the legal profession had been embarrassed by
the headline-making scandal.
Thorner also recommended a
mental-health evaluation for Olson.
Olson's attorney, David Allen,
said that some good came of the ruling.
He noted that the hearing examiner
had not specifically found that Olson had had "sexual intercourse"
but merely "sexual relations" with Burns and that Olson's
character and reputation as an attorney were good.
"We're just glad that
this matter is finally going to be resolved." Allen said.
Olson and the bar association
had tried to settle the disciplinary case last year by suspending
Olson's law license for a year in exchange for her admission
of inappropriate "sexual contact" with Burns, but the
state Supreme Court rejected that proposed penalty without comment.
Olson, who was known as a committed
and zealous public defender, had said during the hearing that
jail guards were mistaken when they claimed she was caught having
sex with Burns.
"It was a hug gone bad,"
her attorney said. "She regrets it."
Olson admitted she had developed
romantic feelings for Burns during the preparation of his lengthy
and complicated defense, but she said those feelings had been
discussed and dismissed.
She testified that Burns had
come up behind her as she was preparing to leave and given her
a hug. Her mistake, she said, was in not resisting the hug.
"It was stupid and improper,
and a horrible mistake," she said tearfully.
But her testimony contradicted
that of four jail guards who said they watched the pair having
sex for several minutes before entering the room where attorneys
can meet with their clients.
Correction officers Leander
Glenn and Dexter Pasco said they saw Olson bent over a table
with one arm propped against the wall and Burns was standing
behind her with his hands on her hips.
Following the allegations,
Olson was removed from the case, and the county filed a breach-of-contract
lawsuit against her and her then-employer, The Defender Association,
seeking repayment for the costs of finding a new lawyer for Burns
and subsequent delays in his trial.
That lawsuit is pending.
Burns and co-defendant Atif
Rafay were each convicted of three counts of aggravated first-degree
murder for the beating deaths of Rafay's family members in Bellevue
more than 10 years ago and are awaiting sentencing.
Olson worked for a time in
a friend's law firm and has now gone back to school where she
is studying fashion design.
Christine Clarridge: 206-464-8983
or cclarridge@seattletimes.com
Two guards testify they
saw Olson, client having sex
By Christine Clarridge,
Seattle Times staff reporter, September 14, 2004
Despite former public defender
Theresa Olson's explanation that it was only a "hug gone
bad," two King County Jail guards testified yesterday that
they saw her doing much more than that with her client, a man
facing triple murder charges, in a jail meeting room two years
ago.
"I thought I saw two individuals
having sex," said King County corrections officer Leander
Glenn.
The guards' testimony came
during the first day of a Washington State Bar Association disciplinary
hearing that will help decide Olson's professional fate in a
scandal that has endured in Seattle's legal and law-enforcement
communities.
Olson is accused of having
sex with client Sebastian Burns, later found guilty with friend
Atif Rafay of killing Rafay's father, mother and sister in their
Bellevue home.
The state bar claims Olson
broke a legal-ethics rule adopted in 2000 that prohibits lawyers
from having sexual relations with clients. It is recommending
that Olson be suspended for one year. The final decision on the
proposed sanctions rests with the state Supreme Court.
The hearing, expected to continue
through Thursday, is held before a bar hearing examiner who will
determine the facts of the case and whether any rules or laws
were broken, and then recommend sanctions that could range from
a reprimand to suspension or disbarment.
Olson, who had been widely
described as a brilliant, committed and headstrong public defender,
has admitted that she had inappropriate contact, but she denies
that it was sexual contact.
"It was a hug gone bad,"
said her attorney, David Allen. "She regrets it."
Olson also argues that a reprimand
is sufficient because it was "clearly a one-time thing,"
Allen said, and because the punishment should be comparable to
that received by other lawyers who have been disciplined for
sexual relations with clients.
Olson is expected to testify
later in the week.
The hearing is being held in
a large conference room at the bar offices in downtown Seattle.
Backed by family members and
friends, Olson remained stoic through most of the testimony yesterday,
which largely focused on determining whether sexual contact had
occurred.
The testimony was sometimes
so sexually explicit that many in the audience appeared uncomfortable.
At one point, for example, corrections officer Glenn was asked
to pose in the position that he alleges he caught Olson in.
But Olson's most overt reaction
yesterday came when one of the deputy prosecutors on the murder
case, James Konat, testified that he was "flabbergasted"
by the allegations because he regarded Burns as a "creepy,
scary and violent killer."
Olson shook her head.
At the time of the incident,
in August 2002, Burns and Rafay were facing trial in the 1994
slayings. The pair were convicted of aggravated first-degree
murders and are awaiting sentencing.
At the hearing yesterday, Glenn
and fellow corrections officer Dexter Pasco testified that they
saw Olson leaning over a table with her back to Burns. Burns'
pants were down and he was exposed, Glenn testified. Burns was
moving as if having sex, Glenn said.
Allen yesterday responded that
the guards didn't see what really happened. He said Burns had
hugged Olson from behind, and because Olson's back was to Burns
she had "absolutely no idea" that his pants were down.
Allen also said that Olson
had developed romantic feelings for Burns during hundreds of
hours of trial preparation, but the feelings were put aside after
the two discussed them and realized a relationship wasn't possible.
After the incident, Olson resigned
from The Defender Association. King County has sued Olson and
the firm for costs lost to the delay in hiring new lawyers. Today,
a county public-defense official is expected to testify about
the exact costs.
Olson and the state bar had
agreed last year to settle the disciplinary case by suspending
Olson's law license for a year.
In that proposed settlement,
Olson admitted in documents that she'd had "sexual contact"
with Burns, but she denied that sexual intercourse had occurred.
The state Supreme Court rejected
the one-year penalty, and a state bar review board ordered the
public hearing.
Christine Clarridge: 206-464-8983
or cclarridge@seattletimes.com
Sex contact with client
could cost lawyer
By TRACY JOHNSON, SEATTLE
POST-INTELLIGENCER REPORTER, Tuesday, July 29, 2003
A Seattle lawyer who was caught
in a sexual encounter with her client in the King County Jail
last year has agreed to a one-year suspension of her license
to practice law.
The client is accused of killing
three members of a Bellevue family.
Yesterday, the Washington State
Bar Association recommended the one-year suspension for lawyer
Theresa Olson to the Washington State Supreme Court, where justices
could make a final ruling in a few weeks.
The settlement also includes
a year of probation and a psychological evaluation for Olson,
who would be required to get any recommended counseling or treatment.
Before being reinstated, she must be found "fit to practice
law."
Olson's attorney, David Allen,
said the agreed punishment was "a reasonable outcome, given
a very unfortunate and difficult situation." He said Olson,
44, hopes to serve her suspension and put the matter behind her,
returning to the courtroom.
She acknowledges that she had
sexual contact with accused killer Sebastian Burns in a jail
meeting room last August, but she denies jail officers' allegations
that it was sexual intercourse, according to Allen.
Officers reported seeing Burns
and Olson through the narrow window of a room where attorneys
are allowed to meet alone with their clients.
The incident only added to
the intense media spotlight that has followed Burns and his co-defendant,
Atif Rafay, ever since Rafay's family was found bludgeoned in
their Bellevue home seven years ago.
Olson, who was taken off the
case and has since resigned as a public defender, quietly agreed
to the one-year suspension in May. The compromise skirted the
need for taking testimony at a formal disciplinary hearing.
She agreed she "acted
with knowledge of a conflict of interest" -- or at least
a potential conflict -- that wasn't fully disclosed to Burns
and that it harmed Burns, according to the bar.
The bar's disciplinary board
voted 9-1 to approve the settlement on Friday. The Supreme Court
can now approve the board's recommendation or send it back for
further consideration, said bar spokeswoman Judy Berrett.
A few years ago, the bar recommended
a six-month suspension for attorney Lowell Halverson for having
sexual relationships with clients, and the court doubled it to
a year. Unlike Olson, however, he had contested the discipline
and did not reach a settlement with the bar.
Olson worked at The Defender
Association for about 16 years. She represented a police sergeant
charged with murder, a man who killed his wife and two sons,
and a woman convicted of setting her husband on fire.
"Theresa's a very strong
lawyer, and we appreciate the many years of dedicated representation
which she provided for our clients and our office," Bob
Boruchowitz, director of The Defender Association, said yesterday.
Since quitting as a public
defender, Olson has worked for other law firms on mostly civil
cases.
The encounter between Burns
and Olson also left Burns facing discipline: 10 days of "disciplinary
deadlock," meaning he was confined to his cell 23 hours
a day, losing privileges from recreation to watching television.
He is no longer allowed to
meet one-on-one with anyone.
His new attorneys are now preparing
for a trial this fall and emphasize that the jail encounter has
nothing to do with their case.
Rafay and Burns will return
to court this morning, where Superior Court Judge Charles Mertel
will continue hearing testimony about an undercover police operation
used to elicit alleged confessions from the pair in Canada.
Defense attorneys argue that
evidence obtained by Canadian officers shouldn't be allowed in
court because their tactics -- including electronically monitoring
the young men's private conversations for months -- are questionable
here.
King County prosecutors argue
that the evidence is fair game because the measures are perfectly
legal in Canada.
The matter may come down to
whether Canadian detectives conducted their secret investigation
on their own, or at the behest of Bellevue police. Mertel is
expected to rule Aug. 28.
Meanwhile, King County's lawsuit
against Olson and her former agency -- an effort to recoup roughly
$800,000 for Burns' defense -- is on hold until the murder trial
is over.
Burns' new lawyers said the
work that Olson and former public defender Neil Fox put into
the case has been invaluable. One of the new lawyers, Jeff Robinson,
said yesterday that he is pleased Olson has reached an agreement
with the bar.
"As a colleague and a
friend, I'm really happy that she'll practice law in this state,
because I think there are clients who will benefit from her legal
skills," Robinson said. "I'm glad for her that it's
over."
P-I reporter Tracy Johnson
can be reached at 206-467-5942 or tracyjohnson@seattlepi.com
© 1998-2004 Seattle
Post-Intelligencer
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
Steele
Got something
to say about this or any other stories on this site? Go to injusticebustersblog Participate!
- injusticebusters
court advice :
- How to walk yourself through the justice system
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- Why you should dump your preliminary hearing (written July 1998 and still valid)
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- Sermonette:
The
Naked Truth -- (You
will find links to many more sermonettes in the sidebar on this
page
Another target
of Dueck's malice: : Wilf Hathway
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
Index
to the stories on this website
This is not
regularly updated so if you are looking for a particular story
and you have a name or keyword, please use the site search engine(at
the bottom of the page) which IS regularly updated
Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.
Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day 1 | 2
| 3 | 4
| 5 | 6
| 7 |
The Terrible Story behind the Atif
Rafay and Sebastian Burns convictions
Timeline of the Burns-Rafay
case
Initially created by Sara
Jean Green, The Seattle Times, May 27, 2004
1994
July 13: Sebastian Burns calls Bellevue police
at 2 a.m. Atif Rafay's parents, Tariq and Sultana, are found
dead in separate rooms; his sister, Basma Rafay, is critically
injured and dies later that morning.
July 14: Deaths ruled homicides; Rafays were
bludgeoned to death. Bellevue police identify Atif Rafay and
Burns as "persons of interest."
July 15: Burns and Rafay, both Canadian citizens,
take a bus to Canada on same day as funeral services for the
Rafay family.
1995
January: Police say Burns and Rafay are suspects
in the slayings.
April 11: Royal Canadian Mounted Police undercover
detective contacts Burns outside North Vancouver barbershop.
July 11: DNA obtained from Burns; police won't
say how.
July 19: RCMP undercover officers meet Rafay.
July 31: Rafay and Burns arrested at their
rental home in Vancouver suburb; each is charged in King County
with three counts of aggravated first-degree murder.
1996
January: Extradition arguments are heard in
Supreme Court of British Columbia.
Feb. 2: B.C. judge rules there's sufficient
evidence to extradite Burns and Rafay. Defense attorneys later
petition B.C.'s Court of Appeal, seeking judicial review.
July 12: Canadian Justice Minister Allan Rock
orders extradition of Rafay and Burns without asking for assurance
that the two will be spared the death penalty.
1997
May 12: A three-judge panel of the B.C. appeals
court begins hearings on defendants' petition seeking review
of the extradition order.
June 29: The Court of Appeal rules it is unconstitutional
to surrender a Canadian citizen to stand trial in another country
where he could face the death penalty.
Dec. 4: The Supreme Court of Canada agrees
to hear arguments in the Burns and Rafay extradition case.
1998
October: Supreme Court hearings are delayed
after Amnesty International intervenes in the case, arguing the
men's rights under Canada's Charter of Rights and Freedoms would
be violated if they were put to death in Washington.
1999
March: Supreme Court of Canada begins extradition hearings.
Justices are unable to decide whether defendants should be sent
back to Washington state.
2000
May 23: Second round of extradition hearings
opens before the Supreme Court of Canada.
2001
Feb. 15: Supreme Court of Canada unanimously
rules that Rafay and Burns can't be extradited to the United
States without a guarantee they won't be executed.
March 9: King County Prosecutor Norm Maleng
announces he won't seek the death penalty.
March 29: Rafay and Burns are brought back to
Washington and booked into King County Jail.
April 6: Each defendant pleads not guilty to
three counts of aggravated first-degree murder.
2002
April 8: Superior Court Judge Charles Mertel
dismisses Rafay's public defenders, Gary Davis and Jim Koenig;
moves trial date from May 2002 to March 2003.
Aug. 10: Guards report seeing public defender
Theresa Olson having sex with Burns in jail conference room.
Aug. 14: Judge Mertel dismisses Olson from
the case.
Aug. 20: Mertel dismisses Olson's co-counsel,
Neil Fox; orders new attorneys be appointed for Burns.
Aug. 27: Jeff Robinson and Song Richardson,
from the law firm Schroeter, Goldmark and Bender, are appointed
to represent Burns.
2003
April 22: Pretrial hearings begin into the admissibility
of evidence collected by Canadian police.
Sept. 30: Mertel rejects defense motion to suppress
evidence gathered by Canadian officials.
Oct. 10: Jury selection begins.
Nov. 24: Opening statements begin.
2004
May 21: Jurors begin deliberations.
May 26: Burns and Rafay are found guilty on
three counts each of aggravated first-degree murder. No sentencing
date has been set.
October 22: Both receive three
life consecutive sentences
Supreme Court Decision regarding extradition |
Richard
Leo: Expert on identifying
coerced confessions: the judge would not allow his expert testimony
at the Rafay/Burns trial.
Even the prosecutors did not
have unedited tapes. Yet they were willing to proceed with the
edited cherry-picked package which contained only incriminating
evidence until defence fought for full disclosure in December,
2001
Coercion/Confession
Strategy excerpts: Detailed analysis of the "Big Boss"
entrapment method
Chronological
Master List of Significant Entries (page two)
Chronological
Master List of Significant Entries (page three)
Related stories:
Publication
bans no longer automatic to protect police dirty tricks |
The interrogation
room (Reid Technique) | Monique
Turenne | John Chalmers |
Jean Paul Aubee | Wilf
Hathway | Gary Steinke,
the RCMP who maliciously framed Jason Dix gets promoted Blog
this
Scrapbook on
Atif Rafay and and Sebastian Burns: Older reports | The sentencing (Oct 22, 2004) | Theresa
Olson | Australia emulating
RCMP dirty tricks?
injusticebusters
commentary: Police who abuse their authority and break the
law must be vigorously scrutinized by the media; that is our
only protection from becoming a police state
Defence committee for Rafay and Burns: Recently added on this site: Background
on false confessions (from link "False confessions")
On Trial Diary : Haslett
and Shinkaruk search the boys' cells while they are in court
(see also story below) A
thorough report of the trial along with video and pictures
|
|
