Judge expected to sign order preventing release of sex offender information

3-29-2014 Washington:

Benton County Superior Court Judge Bruce Spanner is expected to sign orders April 18 officially preventing Benton County from releasing any low-level sex offender information to Donna Zink.

“This will cover every Level 1 sex offender,” said Ryan Lukson, deputy county prosecutor. “Ms. Zink has already appealed. Her appeal will be effective the (day after April 18).”

Spanner ruled in January that the personal information of more than 400 Level 1 sex offenders is confidential and Zink has no “legitimate interest” in it.

Zink requested the information last summer to create a digital database so people could know if sex offenders are living in their neighborhoods, she said.

The information -- which includes offenders’ names, addresses, pictures and other details -- could cause offenders irreparable harm if it’s released, Spanner wrote in his decision.

At a hearing Friday, Spanner shot down arguments from Shelley Williams, assistant attorney general, who represents the Washington State Patrol.

Williams argued that sex offenders’ registration information is public record and that the criminal justice system needs to be as transparent as possible.

She wanted an injunction -- which prevents state police from releasing sex offender information from its statewide database to Zink -- dismissed.

But Spanner stuck by his earlier ruling, citing case law, particularly State v. Ward, which states the information is confidential.

“Intellectually, I always go back to the same place and that is State v. Ward,” Spanner said at the hearing.

The case is expected to be decided in higher courts. Zink, who represents herself, has requested sex offender information from multiple agencies in at least three counties across the state.

Franklin County released low-level sex offender information to Zink after her initial request.

There are several injunctions in place in Benton, King and Yakima counties preventing multiple agencies and county officials from releasing sex offender information to Zink.

The Washington American Civil Liberties Union has fought to get injunctions in place in King County.

Zink has also requested more than 80,000 emails from Benton County officials that contain sex offender information. An injunction is place preventing the release of emails that contain sex offender information.

The county was releasing emails in installments to Zink that didn’t contain sex offender information. Zink has since put her request on hold because county officials told her it would take more than a decade to meet.

“We asked her to consider amending the request,” Lukson said. “Given our current pace, we would not complete it until 2032.” ..Source.. by Tyler Richardson

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Judge rules sex offender data in Benton County not public information

1-30-2014 Washington:

A Tri-City judge ruled Wednesday the personal information of low-level sex offenders in Benton County is not public information and shouldn't be released to a Mesa woman.

Judge Bruce Spanner's ruling comes after more than a month of deliberation about whether the data should be released to Donna Zink.

Zink has no "legitimate interest" in it, Spanner wrote in his 13-page decision. The information, if released, would cause irreparable harm to more than 400 Level 1 sex offenders.

Spanner said the information is considered confidential under other state and federal statutes and therefore is exempt from release.

"There is no showing that the information requested is either relevant or necessary," Spanner wrote. "Our Supreme Court has determined that Level 1 sex offender registration is in most instances 'confidential' and that the public has 'no legitimate' interest therein because those offenders do not pose any threat to the community."

Zink -- the former mayor of Mesa who sued the city in 2003 for withholding other kinds of public documents -- requested in July the names, birthdates, addresses, pictures and other information of the Level 1 offenders.

She requested the same information from Franklin County, and it has been released.

Zink has been in a legal fight with several Tri-City lawyers since making her request. She has said she plans to create an online database of the offenders because she believes people should know where someone convicted of any type of sex offense is living. She has said in court that Level 1 offenders can be dangerous, citing a recent Richland case in which a low-level offender is charged with raping and killing an infant.

Registration information for Level 2 and 3 offenders is routinely posted on sheriff department websites. But Level 1 offenders are considered the least likely to reoffend, and their information is not made public unless they fail to register.

The Benton County Superior Court ruling, however, only blocks the release of the personal information of 14 sex offenders.

Richland attorney John Ziobro, who represents those offenders, was the first to have his case for a permanent injunction heard.

Spanner granted the injunction, but it can be appealed to a higher court.

"For my clients, it's great," Ziobro said. "I haven't spoken to any of them, but I am sure they are ecstatic."

Lawyers for other clients told the Herald they are optimistic Spanner's ruling will be applied to their cases.

A temporary injunction was in place to prevent the county from releasing any low-level sex offender's personal information.

Benton County prosecutors do not agree with Spanner's ruling, saying the information should be released to Zink.

"There's still a whole lot left up in the air," said Ryan Lukson.

Richland attorney Greg Dow represents 20 other Level 1 offenders and is trying to form a class-action lawsuit to provide the majority of Level 1 offenders legal representation so they also can try to prevent the release of their personal information.

Spanner previously denied Dow's request, but he's filed an appeal.

"There's a lot of cleanup work left," said Dow, who praised Spanner's decision. "We need to find out what impact the judge thinks this has on the people who are not named as plaintiffs. There's 390 guys out there wondering, 'Am I protected or not?' "

Zink, who has been representing herself, could not be reached about the decision but took to social media Wednesday to blast the ruling. She said she is frustrated the court system is protecting sex offenders.

Zink wrote that Spanner's ruling will not stop her attempts to get the information.

"After all this they would serious(ly) think I was going to roll over," Zink wrote. "Let me give you a clue, when someone works this hard they are not going to quit. At least not till the Supreme Court weighs in. That is what appeals are for."

Zink has requested offender information from the Washington State Patrol database and from Yakima County. Temporary injunctions are in place in King County and Yakima County preventing the information from being released.

The state American Civil Liberties Union has gotten involved in the case with the state patrol. ACLU spokesman Doug Honig said attorneys are reviewing Spanner's decision.

Zink also requested around 80,000 emails from Benton County. The emails contain sex offender information and other sensitive police information. Spanner ruled information in the emails not pertaining to sex offenders can be released to Zink.

Zink's county requests for sex offender information could slow down a potential appeal, Lukson said.

Zink can't appeal a decision in her case until the county is done reviewing the emails. Lukson said it could take several years to do that.

If Zink withdraws the email request, it could speed up her potential appeal, Lukson said. ..Source.. by Tyler Richardson

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Court postpones decision on releasing sex-offender registration forms

1-9-2014 Washington:

A Columbia Basin woman seeking the names of all low-level sex offenders in Yakima County will have to wait another month to learn if she’ll get the list.

A public records request by Mesa resident Donna Zink, who has sought similar lists in other counties in order to post the names on her website, has been on hold after a group of offenders last month obtained a temporary injunction against the release.

On Wednesday, Yakima County Superior Court Judge Blaine Gibson continued a hearing on the county’s request to dissolve the injunction because Zink wasn’t named in the lawsuit asking her request be denied.

Excluding her could lead to overturning any decision on the matter, said Senior Deputy Prosecuting Attorney Stefanie Weigand.

Zink filed a request in November for electronic copies of the Level 1 sex-offender registration forms. Level 1 sex offenders are considered the least dangerous and least likely to reoffend. Their names are typically not posted by authorities, who routinely release the names and addresses of Level 2 and 3 offenders.

Attempts to reach Zink for comment on Wednesday were not successful.

Zink has received forms from Franklin County, but the American Civil Liberties Union of Washington obtained a preliminary injunction barring the Washington State Patrol from releasing the information on Benton County offenders.

“Being identified publicly as a sex offender puts individuals at risk of being harassed, assaulted, or losing jobs and housing,” the ACLU said in a written statement. “For individuals considered unlikely to reoffend, being labelled publicly as a sex offender creates a stigma that makes it very difficult for them to proceed with their lives.”

In Yakima County, Zink’s request was challenged by attorney Gregory Scott, who is representing several Level 1 offenders who were not identified in court records, except mostly by initials. Scott hopes to make it a class action, so all 600 to 700 Level 1 offenders in Yakima County will be represented.

Scott said his clients were notified by the county that their information was going to be released as part of Zink’s request, which was filed under the Public Records Act.

Scott said the state’s sex-offender registry system was designed to limit access to information on the lowest-risk offenders. The law allows for releasing the information to those who have a need to know, such as schools and police.

Plus, he said if Zink gets the records, those named could be forever branded as sex offenders. He said the state registry offers a chance for offenders to have their names removed in certain conditions, as well as correct mistakes in the record.

“If (the names) go into a private database, there is no way to get off the registry,” Scott said.

The county maintains the state records act permits releasing the information. Under the records law, all government records are presumed to be public, unless the law specifically bars their release.

Weigand said there is no specific exemption in the law for the registration forms on Level 1 offenders, and Scott has not demonstrated that the information was not within the public’s interest. She said Scott also failed to show that his clients would be harmed if their names are released. ..Source.. by Donald W. Meyers

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No Decisions Made on Sex Offender Information Request

12-20-2013 Washington:

A Benton County judge makes no final decisions today on whether or not to grant a Mesa woman information sh'es been requesting for months on low-level sex offenders.

Former Mesa Mayor Donna Zink asked for information on all sex offenders in the area this past summer, she was granted her request for higher level sex offender information but not low level.

She made another request more recently for the county to release 80,000 emails with information pertaining to sex offender information.

The court is required to inform low level sex offenders about the request and in doing so four low level sex offenders filed lawsuits against having their information released.

The judge still has more to review and will make a decision in a few weeks. ..Source.. by Lida Alikhani

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Washington sex offenders, ACLU sue to hide low-level offenders' identities

See earlier lawsuit

12-16-2013 Washington:

Teen molester's mom: Disclosure would hurt my son's victims

“My family would lose everything.”

That’s the argument made by a King County sex offender terrified his name will be publicized if the State Patrol releases the sex offender registry it maintains.

A married father of two convicted of sex crimes in 2009, the man is one of two low-level sex offenders brought forward by the American Civil Liberties Union in a lawsuit aimed at stopping the state from releasing the names of 21,000 registered sex offenders residing in Washington.

At issue in the lawsuit are “level one” offenders, convicts judged by police evaluators to pose the least risk of further sex crimes. The names of offenders deemed more likely to commit additional sex crimes – “level two” and “level three” offenders – are already broadcast on free, public websites maintained by state law enforcement.

Filing the potential class action lawsuit earlier this month, attorneys for the offenders contend their identities and addresses should not be released to a Franklin County woman who has requested the entire database under the state public records act.

Attorneys for the State Patrol argue that the database – like the criminal convictions underlying the registry – isn’t protected by state privacy law and should be released. They also note the database has previously been released to numerous civic and media organizations, including the YMCA.

On Thursday, a King County Superior Court judge issued a preliminary injunction blocking the release of the database until the case can be fully heard. Such orders are the norm in public records disclosure lawsuits – there wouldn’t be much point to it if documents are released before the case is decided.

Represented by the ACLU and private attorneys, the offenders contend they should be able to live in the relative privacy afforded them by the “level one” classification.

Aside from administrative differences which lower the registration burden placed on them, level one offenders enjoy one big benefit over their higher-level contemporaries – their photos, names and crimes aren’t listed on the county sex offender sites. Additionally, while their past crimes are still reported to schools they attend, but police aren’t empowered to notify the community they live in.

That lower level of notoriety is earned by scoring well on a review conducted by law enforcement, and by meeting the obligations placed on them.

In a statement to the court, the King County man – “John Doe B” in the lawsuit – contended he’s complied with probation, reported any violations of his treatment plan and has avoided sanctions from his parole officer and counselor. Still, he could lose his job and shame his family if the larger community was better informed about his past.

“Knowing the public opinion about sex offenders, and the bias and hatred that many people have toward registered sex offenders, I’m worried about mental and physical abuse to my family and myself,” the man said in a Dec. 5 statement to the court.

Filing the lawsuit in King County Superior Court, attorneys for the offenders argued the State Patrol should not release its statewide database to Donna Zink, a resident and former mayor of Mesa. Reports in the Tri-City Herald and elsewhere indicate Zink has been attempting to compile a comprehensive list of Washington’s registered sex offenders.

In a statement Friday, ACLU of Washington staff attorney Vanessa Hernandez argued publicizing the database endangers offenders.

“Being identified publicly as a sex offender puts individuals at risk of being harassed, assaulted, or losing jobs and housing,” Hernandez said via an email sent by an ACLU spokesman. “The government should follow the state’s sex offender registration law, which says that names of these individuals should not be released automatically to the general public.”

Responding to the lawsuit for the State Patrol, Assistant Attorney General Shelley Williams said the offenders’ complaint is largely moot – the cat is already out of the bag.

The state has previously released the information Zink requested to other agencies, non-profit organizations, the general public and the media. Among the organizations that have previously received the database are the YMCA, an Eastern Washington housing authority and the Seattle Post-Intelligencer. The Kitsap Sun received a complete copy of the database in March 2012.

Writing the court, Williams said state law simply does not protect the sex offender database from public disclosure. Beyond that, court records already provide the information the offenders would have the court hide from the public.

“The plaintiffs’ key concern is being identified as convicted sex offenders,” Williams said in court papers. “The fact that a person has been convicted of a sex offense has long been accessible by the public.

“Not only is a sex offender’s conviction readily available … but the intimate details of an offender’s life are also potentially open to the public.”

To support their claims of concern, attorneys for the offenders submitted statements to the court for the families of the men and boys whose identities would be released to Zink.

Nearly all those statements came from the parents or guardians of offenders convicted as children. Most of the offenders were convicted of sex assaults against family members, which is to be expected.

While research into the issue varies, estimates are that 1-in-4 to 1-in-3 sexual assaults against children are committed by family members, according to the Crimes Against Children Research Center at the University of New Hampshire. Juvenile offenders commit about one third of all sex assaults against children.

The offenders’ parents and guardians said releasing the registry would shame the offenders unduly and could expose their victims as well. All argued publicity would make it harder for the offenders to get on with their lives.

“If publicizing level one sex offenders’ names and pictures prevented sexual abuse, protected victims or helped protect children in the community, I would continue to be an ardent supporter of public notification laws,” the mother of a young man convicted of molesting three younger siblings said in court papers. “However, as a mother who has experienced the other side of abuse, I only see the harmful effects and humiliation public notification causes families and most especially the victims of sexual abuse who are children.”

Another woman – mother to a son who sexually assaulted two of her young nieces – argued releasing low-level offenders’ names as “tantamount to bullying.”

“Other people shouldn’t be able to have the power to influence the rest of the people’s lives,” the woman said in a statement to the court. “Yes, the offenders have done that with their choices, but they have been in court for that and are making their restitution and changes in their lives.”

On Thursday, King County Superior Court Judge Jean Rietschel issued a preliminary injunction against the state barring the release of the database until the lawsuit is resolved. A trial date has not yet been set. ..Source.. by Levi Pulkkinen

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ACLU files suit to block release of sex offender info

12-7-2013 Washington:

KENNEWICK — The American Civil Liberties Union has joined the legal battle to prevent county and state agencies across Washington from releasing sex offender information to a Mesa woman.

The Washington ACLU filed a lawsuit Friday against the Washington State Patrol to temporarily block release of personal information for all low-level sex offenders in the state. The state patrol was set to release the records from 38 counties to Donna Zink on Tuesday.

A previous ruling by a Tri-City judge prohibited the State Patrol from releasing Benton County sex offender names, dates of births, addresses and other information.

A King County judge will hear the ACLU’s argument Monday, said Doug Honig, ACLU spokesman.

Zink — who wants to make a database of sex offenders — believes information about Level 1 offenders is a public record and should be released to her, she said.

The State Patrol and Benton County officials agree with Zink and say the information should be released.

Local lawyers, the ACLU and some of the sex offenders say the information is not public and will cause irreparable harm if released.

“This case deals with releasing the names of the lowest-level offenders, including both adults and juveniles – people whom the government considers unlikely to reoffend. Being identified publicly as a sex offender puts individuals at risk of being harassed, assaulted, or losing jobs and housing,” said ACLU lawyer Vanessa Hernandez in an email to the Herald.

“The government should follow the state’s sex offender registration law, which says that names of these individuals should not be released automatically to the general public.”

Level 1 offenders — who are considered the least likely to reoffend — are not posted online.

Their information is not made public, though their felony criminal convictions are public.

Level 2 and 3 offenders’ information is posted online with their pictures.

The ACLU lawsuit was in response to a recent request by Zink for sex offender information from the state patrol’s database. The database has a collection of sex offenders statewide, officials said.

There are 21,000 offenders in the database, which also includes some people with kidnapping convictions.

Zink, the former mayor of Mesa, was upset with the ACLU’s decision to sue when she spoke to the Herald after a hearing Friday in Benton County Superior Court.

“I’m shocked,” she said. “I’m shocked they would even consider doing this.”

Mid-Columbia lawyers and Zink have been in a legal battle since she made requests for sex offender information in Benton and Franklin counties on July 15.

Franklin County released the information to her, while Benton County sent out letters notifying more than 400 Level 1 offenders of the request.

Zink also has made a request for sex offender information in Yakima County, though there is a temporary injunction in place stopping the release, officials said.

Zink — who sued the city of Mesa in 2003 for withholding public documents and turned down a settlement of more than $200,000 — has told the Herald she will not discuss where she has requested records from.

Zink’s multiple requests violate the spirit of several injunctions in Benton County and have “made the procedural process of these cases essentially unmanageable,” Ryan Lukson, who represents Benton County, previously said.

There are currently multiple cases in Benton County with temporary injunctions prohibiting officials from releasing documents that contain low-level sex offender information.

A hearing on one of those cases is scheduled for Dec. 20. A Benton County judge will rule if the information will permanently be withheld from Zink. Local lawyers say the judge’s decision could set a precedent for all of the cases. ..Source.. by Tyler Richardson

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Sex offender names to be released everywhere but Benton County

11-29-2013 Washington:

Thousands of sex offenders in every county across the state are expected to have their personal information released to a Mesa woman in the coming weeks -- except in Benton County.

Donna Zink has been in a legal battle for the past few months with Tri-City lawyers representing the offenders over the release of the information. She believes the information is public.

Franklin County agreed and released the data to Zink shortly after her initial request in July.

Zink, the former mayor of Mesa, has since made a Google database with the offender information and posted it for her friends, she said.

She thinks people have the right to know who is living in their neighborhoods. And while Level 1 offenders are considered the least likely to reoffend, Zink believes there are plenty who pose a risk to the community.

But Benton County officials notified the offenders of the pending release of information and many of them sued to stop it.

Currently, there are several temporary injunctions to prevent Benton County from releasing the information, including names, addresses and dates of birth. The offenders must register after being convicted of a sex crime.

Another attempt by Zink to get the information was shot down Wednesday by a Superior Court Judge Carrie Runge.

In an effort to go around the blockade in Benton County, Zink recently requested all registered sex offender information from the Washington State Patrol's database. The database has about 21,000 names.

The state patrol is planning to release the data to Zink for all 38 counties except Benton County by Dec. 10.

Superior Court Judge Carrie Runge ruled after a more than two-hour hearing Wednesday that the Benton County offenders' information should continue to be withheld until there's another hearing.

Runge ruled that the information Zink requested from the state patrol was not different from the information she requested directly from Benton County.

She told the court that while she doesn't have any sympathy for sex offenders, she doesn't feel it's appropriate to release the information while the other injunctions are in place.

Zink was critical of Runge's decision when she spoke to the Herald after the hearing.

"I am confused that we pay judges to decide cases and they don't understand the law," she said. "They don't look at it beforehand. I think if a judge is going to sit in judgment of the law, they should know what it is. How are we supposed to get anywhere in court?"

Zink believes her request with the state patrol is different than her request with Benton County, she said in court. She argued that the information is clearly a public record and a majority of it can be found online or in other court documents.

John Hillman, with the state Attorney General's Office, represented the state patrol in court. He believed Zink's request is different and the information should be released.

The information is a public record and just because offenders may be embarrassed by its release doesn't mean it should be protected, Hillman said. He was clear the state patrol is willing to grant Zink's request.

"Look at the Public Records Act," he said. "Nowhere does it say that this information shouldn't be released."

Hillman went on to say he doesn't think the information is exempt under any other statutes.

Richland Attorney Greg Dow, who represents 20 of the sex offenders, argued that the release of the information would cause irreparable harm.

"All protection will be swept away if the release is granted," Dow said.

Runge and Benton County Deputy Prosecutor Ryan Lukson expressed their frustration with Zink for trying to get the Benton County information by filing requests with other agencies.

Zink's multiple requests across the state have "made the procedural process of these cases essentially unmanageable," Lukson said.

Dow called Zink a "public records junkie" and believes her motive for pursuing the request is to try and sue the county, he said.

Zink sued the city of Mesa in 2003 for withholding public documents she requested. The city offered her a settlement in 2012 of more than $200,000 and the promise of a plaque at city hall. She said she turned down the settlement.

As part of the civil lawsuit, Dow has asked Zink to provide all public records requests she has made and copies of every document she has received from her requests.

Zink -- who has 30 days to respond to Dow's request -- told the Herald she will not discuss what she has requested or from where.

However, she added that Benton County is the only county that has not provided her with records she has requested. ..Source.. by Tyler Richardson

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Judge to decide Friday about releasing Level 1 sex offender records

9-10-2013 Washington:

This Friday, a Benton County judge is to decide if a class-action lawsuit can be formed to try to block the release of the personal information of 420 low-level sex offenders.

County officials delayed the release of the registration information to give the court time to rule on a motion filed by Richland attorney Greg Dow.

Dow represents 10 Level 1 sex offenders who want to keep their names, addresses and phone numbers from being released to a Mesa woman, Donna Zink.

Information about higher-risk offenders, ranked a Level 2 and 3, are readily available to the public, but not Level 1 offenders.

Zink requested the information from Benton and Franklin counties under the state's public records law.

Franklin County officials gave her the information, but Benton County officials said the offenders had the right to be notified about the request before the information was released.

A class-action case could potentially provide representation and temporary protection to the majority of Level 1 offenders, Dow said.

Only 12 out of the reported 420 offenders were represented by an attorney during a recent hearing.

Dow said he decided to lead a class-action lawsuit to give all the offenders a fair chance to be represented, he said.

"They all have the same claim to their privacy. I think these guys are being made an example of. I really do," he said. "I just feel the need to (lead) it. The holy spirit works in my life and it is one of the things I feel strongly about."

The information now is tentatively scheduled to be released Sept. 16 unless a judge certifies Dow's class-action lawsuit, said Deputy Prosecutor Ryan Lukson.

If a judge rules in Dow's favor, it could be a while before a ruling is made on whether to release the information.

"We are months away," Lukson said. "At least a couple months to (rule) on a permanent injunction. If Ms. Zink appeals, it could take longer than that."

A hearing is set for Friday. Zink could not be reached but has said she plans to put the information online because the more people know, the safer they will be.

Dow has re-filed his motion to form the class-action case since Judge Bruce Spanner ruled Aug. 30 that Dow didn't provide enough information.

Dow told the Herald he believes the legal research his firm has been doing since Spanner's ruling will convince the judge to certify the class-action suit and grant a temporary injunction.

"I don't think the Legislature was thinking about sex offenders when they drafted the Public Records Act," he said. "We have found two statutes that we think trump the Public Records Act.

On Aug. 30, Spanner granted the 12 offenders a temporary injunction to block the release of their registration information.

The order does not apply to the more than 400 others.

Spanner based his initial ruling on a state Supreme Court case, State V. Ward, which found registration information is considered confidential and can only be released to the public if there is a necessary threat.

More than 150 offenders have called the prosecutor's and sheriff's offices, claiming the release of information would affect their jobs, living situations and personal lives. But a majority of them didn't have the means to hire an attorney or adequate knowledge of the legal system, Lukson said.

One of Dow's clients, listed as John Doe C in court documents, said he committed his offense 17 years ago when he was 11 years old. He said his victim was a family member who was 7 at the time.

The offender now works at a church and believes the release of his information could cause him to lose his job.

"If my status is known to the public, I believe getting jobs and promotions will be affected," the offender said in court documents. "I have also been a burden to my family and want that to stop at some point. I do not think the neighbors need to know everything about you. Some things can and should remain private." ..Source.. by Tyler Richardson

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Benton County sex offenders' privacy rights upheld

8-31-2013 Washington:

A Benton County judge ruled in favor of a small group of low-level sex offenders Friday, putting the public release of their personal information on hold for the time being.

However, the ruling doesn't protect more than 400 other offenders who are not represented by attorneys, said Deputy Prosecutor Ryan Lukson. The county plans on releasing their information Sept. 6, unless the offenders are granted an injunction.

The personal information of a group of 12 sex offenders is not of a legitimate concern to the public and isn't necessary for its protection, Benton County Superior Court Judge Bruce Spanner ruled.

Their attorneys recently filed lawsuits on their behalf. Spanner was skeptical at first, but found through legal research that registration information can be considered confidential, he said.

The county could face penalties under the Public Records Act if it doesn't release the data, Lukson said.

Donna Zink, the former mayor of Mesa, requested the information on July 15. She plans to put the offenders' information online once she receives it, she said in court. Franklin County has already released its list to her.

"The people have the right to know who the Level 1 offenders are," Zink said during the hearing.

Richland attorney Greg Dow wants to lead a class-action lawsuit that would provide representation to the rest of the offenders who don't have lawyers. Spanner declined to certify the class action during Friday's hearing, saying he hasn't been provided with enough factual information.

However, Spanner dismissed Dow's motion without prejudice, meaning he can re-file and the judge can consider it again.

Dow, who represents one offender already, was optimistic that he will be able to form a class action and potentially block the release of other offenders' information, he said.

"These are the guys who desperately need representation," he said. "They should be protected."

Zink objected to the class action, arguing that not all of the offenders are the same and they aren't so numerous that they all can't be contacted.

Since the county sent offenders letters notifying them of Zink's request, more than 150 have called the prosecutor's office and sheriff's office seeking an injunction, Lukson said. The letters, which contain offenders' names and addresses, also are being withheld from Zink pending the outcome of the case.

Lukson attributed the high number of offenders without attorneys to the complexity of the legal system.

"People just had no idea what they were doing or the means to do it," he said.

Zink has received hate mail and threats since her request was made public, she said in emails. She told the court that she has been harassed and her ferret recently died, though she didn't know if the animal's death was related to her case.

In an email to Dow, Zink explains that she feels like she is being treated as a criminal for making the requests and is on "high alert" around her house.

"My motto is that I might get hurt but I will go down fighting and I am not without resources," she said in the email. "I said I don't like automatic weapons since they are not necessary. I never said I didn't own a gun." ..Source.. by Tyler Richardson

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Benton County sex offenders respond to information probe

8-16-2013 Washington:

At least two lawsuits are expected to be filed this week on behalf of several Benton County sex offenders to try to stop the release of their personal information, their attorneys told the Herald on Thursday.

The lawsuits would put on hold the release of the names, addresses, birthdates and phone numbers of Benton County's 420 lowest-level sex offenders.

The two lawsuits are to be filed in Benton County Superior Court, according to the offenders' attorneys.

A Level 1 sex offender is the lowest rating in a three-level system that ranks an offender's likelihood of reoffending.

The offenders claim the release of the information could result in "irreparable harm" and could cause them to lose their jobs, say the attorneys.

Offenders fear the information also could put themselves and their families in danger.

"In most cases my clients' offenses were over 20 years ago," said John Ziobro of Richland, who is representing at least 10 offenders. "They don't want their families to know. They don't want their employers to know."

The pending lawsuits are the result of a records request by former Mesa Mayor Donna Zink.

Zink filed a Public Records Act request last month in Benton and Franklin counties for all the sex offender registration information for all Level 1 offenders. Franklin County already has given Zink its Level 1 offender information, and Benton County officials have said they are ready to release theirs to her.

"We are taking the position that the documents should be released," said Benton County Deputy Prosecutor Ryan Lukson. "We are prepared to release the documents."

The same information is available online for all Level 2 and 3 sex offenders in both counties because they are considered more likely to reoffend.

Personal information on Level 1 sex offenders is a public record and can be released under the state Public Records Act, according to the Office of the Attorney General.

On Thursday, Benton County Superior Court Judge Carrie Runge refused to sign an order blocking the release of some of the documents, including the release of some offenders' names.

Kennewick attorney John Bolliger told the Herald that Runge said the issue could be reconsidered if a lawsuit is filed.

Bolliger said his firm's client is reluctant to sue because he doesn't want his name made public.

"The catch-22 is that our client wants to keep his name out of the public domain," Bolliger said. "The only way the Superior Court provides an avenue to continue this is to have his name on a lawsuit. Our client feels like he is stuck between a rock and a hard place."

Two other Tri-City attorneys said their clients are prepared to challenge Zink's request by filing suit.

Zink could not be reached by the Herald about her request. However, she sent an email to Ziobro in response to his lawsuit.

"I think it would be nice to know if someone molested or raped a child before I drop them off to be babysat, leave them with the priest at a church or at the local youth club," she wrote Aug. 14. "Or are you going to try to prove it is so dangerous to the level one offenders and embarrassing to the families?"

She noted that the convictions are public and their registration information should be, too.

She told Ziobro that she will continue to seek the information despite the lawsuits.

"Yes, let's make this as public as possible and get this all ironed out so the public knows what info we can and can't have about sexual predators," she wrote. "I look forward to the appeal."

Michael F. Henry, a certified sex offender treatment counselor in Richland, said Level 1 sex offenders go through extensive treatment and only about 10 percent nationally will commit a new offense. A majority of Level 1 offenders are related to their victims.

"With Level 1 offenders the risk to re-offend is low," Henry said. "They are law-abiding citizens like me. I know many Level 1 (offenders) who live in the community and are very productive."

One offender -- who was convicted of a sex crime 17 years ago and served six months in jail -- believes the release of his information could have serious consequences.

"I am a single father putting my daughter through college. It would be terribly embarrassing to be the subject of a publication involving my name ...," the man said in the motion filed Thursday. "This matter could very easily result in loss of income from my job. I believe this would substantially damage me ..."

Henry -- who has been working with sex offenders for more than 20 years -- also believes releasing the information could open old wounds for victims.

"To out someone and bring their families and victims shame is counterproductive," he said. "Many victims share the same last name (as their offender) and can be stigmatized. It's not doing any good to protect the community in the long run." ..Source.. by Tyler Richardson

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