State Of Washington V. Alan E. Dean
CourtCourt of Appeals of Washington
Date FiledOctober 26, 2026
Docket86607-9
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, No. 86607-9-I (Consolidated with
No. 86972-8-I
Respondent,
v. ORDER DENYING MOTION
FOR RECONSIDERATION,
ALAN F. DEAN, WITHDRAWING OPINION, AND
Appellant. SUBSTITUTING OPINION
Appellant Alan Dean moved for reconsideration of the opinion filed on
July 13, 2026. Respondent State of Washington has not filed an answer. The
panel has considered the motion pursuant to RAP 12.4 and has determined that
the motion should be denied, the opinion should be withdrawn, and a substitute
opinion be filed.
Now, therefore, it is hereby
ORDERED that the appellant’s motion for reconsideration is denied; and it
is further
ORDERED that the unpublished opinion filed on July 13, 2026, is
withdrawn; and it is further
ORDERED that a substitute unpublished opinion be filed.
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON, No. 86607-9-I (Consolidated with
No. 86972-8-I)
Respondent,
v. DIVISION ONE
ALAN F. DEAN, UNPUBLISHED OPINION
Appellant.
SMITH, J. — In 2020, law enforcement arrested Alan Dean for
premeditated murder in the first degree for a “cold case” committed in 1993.
Dean asserted an “other suspect” defense at trial. The jury found Dean guilty
and he was sentenced to 320 months. Dean appealed, claiming (1) the trial
court violated his right to due process by admitting his involuntary statements;
(2) the court denied Dean his constitutional right to present a defense; (3) Dean
was denied effective assistance of counsel; (4) the State engaged in
prosecutorial misconduct; (4) the trial court violated Dean’s right to confront a
witness; (5) Dean was deprived of a fair trial due to cumulative error; and (6) the
trial court erroneously entered community custody conditions that exceeded the
statutory maximum. We conclude the trial court did violate Dean’s right to
confront a witness, but because overwhelming evidence of Dean’s guilt existed,
the error was harmless. Because the trial court also erred when imposing the
community custody conditions, we remand to strike the term of community
No. 86607-9-I (Consol. with No. 86972-8-I)/2
custody and impose conditions consistent with RCW 9.94B.050(2)(b) but
otherwise affirm.
FACTS
Background
In 1993, M.L. was fifteen years old and lived in Bothell, Washington, with
her mother, Sharon,1 her younger sister, K.L., and her mother’s fiancé, Gary
McClellan. On the evening of April 13, 1993, M.L was home alone with plans to
have a friend spend the night. M.L. spoke with her mother on the phone around
9:30 p.m. and said everything was fine. When Sharon and McClellan returned
home around 2 a.m., they found the door kicked in, the house in disarray, and
M.L. missing. Sharon later indicated that she did not immediately call police
because M.L. had run away in the past. The next afternoon, around 1:45 p.m.,
Sharon became worried about M.L. and called law enforcement to report her
missing. That same afternoon, April 14, 1993, M.L.’s body was found below the
Edgewater Creek Bridge in Everett.
On the morning of April 15, 1993, law enforcement went to Sharon’s
house to take statements from Sharon and McClellan and conduct a search of
the house. By that time, Sharon had cleaned the house. In M.L.’s bedroom,
detectives found a day calendar in the trash. An entry on March 14, 1993, read
1
To protect the identity of the victim, we use Sharon’s first name only.
2
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“Met Alan on Nightline[2] over the phone.” Entries on March 15 and 16 indicated
M.L had met with Alan in person.
The day planner also included phone numbers for “Michael” and
“Nightline.” On May 18, Detective Greg Rinta called the phone number for
Michael. The man who answered identified himself as Alan and said no one
named Michael was associated with that number. Alan agreed to speak with
Detective Rinta. Detective Rinta met with Alan—later identified as the defendant
Alan Edward Dean—at his home, which was less than four miles from where
M.L.’s body was found. Detective Rinta showed Dean a picture of M.L., and
Dean recognized M.L. as someone he had met through Nightline and dated
“once or twice” in March 1993. Dean told Detective Rinta that he went by the
name “Mike” when using the chat line. Dean denied ever having sex with M.L.
Law enforcement also interviewed T.P., who dated M.L. for about a year
around the time of her death.3 At the time of M.L.’s death, T.P. was 16 years old
and lived in Edmonds with his family. On the night M.L. disappeared, M.L. and
T.P. argued on the phone. T.P. told M.L. she was “marked.”4 T.P. was a person
of interest, but law enforcement did not have enough evidence to arrest him.
2
Nightline was “a chat line where people could talk to strangers in an
anonymous fashion, leading to potentially meeting up in-person.” M.L.’s friends
confirmed that M.L. was a user of the service.
3
The record is unclear about when exactly T.P. and M.L. broke up.
4
According to T.P., “marked” meant “threaten to kill somebody or
something.”
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DNA and Arrest
In April 1993, Dr. Eric Kiesel conducted a formal autopsy on M.L.’s body.
Dr. Kiesel detected an odor consistent with ether coming from her body.5 Greg
Frank, a forensic scientist, performed testing on stains extracted from M.L.’s
shorts and underwear. The stains tested positive for blood and trace amounts of
acid phosphates,6 but negative for spermatozoa. This was the extent of testing
done in 1993.
In 2001, Frank tested the stains for DNA. One of the stains contained
DNA from two sources—one was M.L. and the other was an unknown male. The
unknown male source was run through the Combined DNA Index System
(CODIS), a state and national DNA profile repository. At the time, the database
included the DNA profile of M.L.’s on-and-off boyfriend, T.P. No matches to any
profiles stored in CODIS, which included T.P.’s, were returned.
In 2019, detectives employed genetic genealogy testing to compare the
DNA found on M.L.’s clothing to DNA profiles in a publicly available database.
From this process, detectives identified Dean as a potential source of the DNA.
The Snohomish County Sherriff’s Department attempted to get a sample of
Dean’s DNA via a covert operation.
Undercover officers went to Dean’s house posing as market researchers
sampling chewing gum. Dean engaged with the “researchers” and tried the gum,
5
Ether is a hydrocarbon compound that was used as a general
anesthetic until the early 1960s. It is now primarily used as a carburetor cleaner.
6
An acid phosphate test can detect the presence of some liquids, such
as semen and vaginal fluids.
4
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but he did not allow them to take his used sample. He asked the officers, “You’re
not trying to collect my DNA; are you?” Dean was pleasant during the interaction
and was able to articulate his position clearly. The detectives noted Dean made
various anti-government statements, including telling the officers he was aware
that government agents might attempt to obtain DNA samples and alluding to the
officers being “dark agents of the State.” The detectives believed his views were
extreme, but not outlandish. At no time did Dean indicate he was unwilling to talk
to them.
Detectives continued to surveil Dean, and in April 2020, they collected a
cigarette that Dean had discarded on the roadway near his home. The DNA on
the cigarette matched the unidentified male DNA on M.L.’s clothing.
Law enforcement arrested Dean in July 2020. Dean cooperated with the
officers, but stated, “I’m not going to enter into any contract,” and told the officers
they were interfering with interstate commerce. Based on Dean’s comments, the
arresting officer believed Dean was a proponent of the sovereign citizen
movement.7 After the arrest, detectives searched the home where Dean lived.
In the garage, detectives found several items containing ether and heptane.8
Officers transported Dean to the Sherrif’s Office, where he met with
detectives in an interview room. Detectives read Dean his Miranda9 rights and
7
Sovereign citizens believe they are exempt from federal, state, and local
laws.
8
At the time, Dean rented a room in a house, and the garage was a
shared living space.
9
Miranda v Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966).
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asked if he understood. Dean replied, “No.” The detectives asked Dean what he
did not understand and how they could help him understand. Dean repeated the
following statements after each inquiry: “I decline any and all offers of contract,
and I don’t concede to any presumptions,” and “I comprehend you’re just trying to
do your job, but I can’t make any legal determinations on any of the questions
that you’re asking me.” Detectives informed Dean that he had been arrested for
murder in the first degree and kidnapping in the first degree arising from a 1993
case. The detectives let Dean know they were going to take a DNA sample,
advised him that the room was being recorded, and then left to gather the
materials needed to collect a sample of his DNA. After the detectives left the
room, Dean whispered, “I knew that’s what this is about.” Then he looked at the
ceiling and said, “I’m sorry.”
The DNA obtained from Dean after his arrest was compared with the DNA
found on M.L.’s clothing. While another male’s DNA was detected in trace
amounts in one of the blood stains on M.L.’s shorts, Dean’s DNA matched every
sample taken from M.L.’s clothing from which scientific comparison could be
conducted, including the stain found on M.L.’s underwear. Dean did not rebut
the DNA evidence at trial, but he did elicit testimony from Frank that DNA,
including DNA deposited by semen, could remain on clothing through up to six
wash cycles.
Competency
After detectives received a DNA sample from Dean, he was transported to
the Snohomish County Jail for booking. During the booking process, a nurse
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reported Dean was “alert and oriented times four with no acute distress.” The
next day, a mental health professional (MHP) met with Dean and noted Dean
was “curled up in his blanket . . . look[ing] around the room and would not really
engage with [me].” Dean made several incoherent statements and declared he
had “been tortured because [he doesn’t] want to say what they wanted [him] to
say.” At Dean’s arraignment on August 18, 2020, the court expressed concern
about Dean’s mental competency. The State asserted, “It doesn’t appear to me
that this is a situation where the defendant does not understand. It’s more of a
situation where he protests and refuses to acknowledge.” The court disagreed,
noting Dean did not “seem to be tracking,” and ordered a competency evaluation.
Dean refused to meet with the evaluator. At a subsequent hearing, the
State recommended that Dean be transported to Western State Hospital (WSH)
so he could be evaluated under 24/7 care. Dean remained at the jail until
September 22, 2020, when the jail called a medical emergency because Dean
was “hard to get to respond and his color was grey blue.” The jail sent Dean to a
local hospital where a clinician noted Dean was having paranoid ideation about
food and had not eaten in several days. Several days later, a provider at the
hospital relayed to the jail that Dean’s condition had improved, and they did not
believe psychiatric intervention was warranted at that time. Dean returned to jail.
On October 6, 2020, Dean screamed at a jail nurse and claimed the
medications were poisoning him. Two days later, Dean was admitted to WSH for
a competency evaluation. Dean was uncooperative in the interview, and when
told his attorney would be present, Dean stated, he’s “not [my] attorney. . . . He’s
7
No. 86607-9-I (Consol. with No. 86972-8-I)/8
posing, he’s a pretender.” Dean’s competency evaluation stated that, “although
some of his beliefs may be tied to anti-government conspiracy theories or
ideologies, his thought processes are notably disorganized and tangential.”
Additionally, the evaluation noted that Dean was “paranoid upon evaluation,
guarded to give information, and delusional.” The evaluation concluded by
stating Dean’s “diagnostic picture remains relatively unclear,” but offered a
diagnosis of “Unspecified Schizophrenia Spectrum Disorder . . . as well as an
Unspecified Personality Disorder, with Antisocial and Paranoid Traits.” Dean
was deemed not competent to stand trial.
In November 2020, the court held a Sell10 hearing and concluded Dean
could be forcibly medicated. Dean remained at WSH for almost two years, a
period which included two competency restorations followed by a civil
commitment. During this time, Dean’s evaluations varied concerning the etiology
of his symptoms:
[S]ome providers not[ed] his symptoms were consistent with a
schizophrenia spectrum disorder, other providers noting his
presentation was consistent with a personality disorder and beliefs
consistent with sovereign citizenship, and other providers
conceptualizing the etiology of his symptoms and behaviors as both
schizophrenia and a personality disorder, and with one forensic
evaluator providing a diagnosis of schizophrenia and rule-out of
neurocognitive disorder.
In August 2022, WSH discharged Dean, and he returned to the Snohomish
County Jail. In February 2023, Dean participated in a neuropsychological
10
Sell v. United States, 539 U.S. 166, 123 S. Ct. 2174, 156 L. Ed. 2d 197
(2003).
8
No. 86607-9-I (Consol. with No. 86972-8-I)/9
evaluation, and it was determined Dean did “not appear to be encephalopathic11
at [the] time as he did not present as confused and he was fully oriented.”
Subsequently, the court ordered another competency evaluation, and Dean was
deemed competent to stand trial.
Motions in Limine
1. Statements by Dean
In February 2024, the court held a CrR 3.5 hearing to determine whether
statements made by Dean during the gum ruse, his arrest, and post-arrest
interview were admissible. The court concluded that all statements were made
voluntarily and free of coercion. Concerning the statements Dean made in the
interview room after his arrest, the court concluded,
Under the totality of the circumstances, it does not appear to
the Court that his mental illness, to the extent he had one,
interfered with the voluntariness of those statements. The court
finds that there was no Miranda violation, they went through the
proper process, they were not questioning him, and that those
statements are admissible under [CrR] 3.5, as they were the result
of a voluntary, spontaneous utterance on his part.
2. Testimony of Dr. Barry Logan
In March 2024, the court heard arguments from the parties concerning the
State’s motion to allow expert testimony from Dr. Barry Logan. The State sought
to have Dr. Logan testify about the results of the chemical analysis of M.L.’s
autopsy. Dr. Logan was the state toxicologist in 1993 and was involved with
testing blood samples taken from M.L. Two sets of tests were done on M.L.’s
11
“Encephalopathic” refers to a state or condition in which the brain is
affected by disease, damage, or dysfunction, leading to altered mental function.
9
No. 86607-9-I (Consol. with No. 86972-8-I)/10
blood. The first round of testing was performed by analyst John Larson.12
Larson created a draft report based on the printouts from the testing instruments
and compiled both the report and the printouts for Dr. Logan to review. Larson’s
report indicated that M.L.’s blood contained acetone. After reviewing the raw
data and Larson’s report, Dr. Logan concurred with Larson’s assessment.
Dr. Logan communicated with Dr. Kiesel, who had performed the original
autopsy, about the results. Dr. Kiesel told Dr. Logan that he believed it was
ether, not acetone, present in M.L,’s blood. Based on this feedback, Dr. Logan
redesigned the test so it could differentiate between acetone and ether. Larson
again ran M.L.’s blood sample. Dr. Logan was present for some of this testing.
Dr. Logan reviewed the instrument data from this round and concluded M.L.’s
blood contained ether rather than acetone. Dr. Logan also signed off on the final
report. The court concluded Dr. Logan’s testimony did not present a
confrontation clause issue and granted the State’s motion.
3. Graffiti Evidence
Dean brought a motion to admit photographs taken by law enforcement in
1994 of graffiti discovered on the walls of a backyard shed at T.P.’s home. The
photographs were taken in 1994, when the bank repossessed the home and
alerted law enforcement to the existence of the graffiti. The photographs Dean
sought to admit depicted graffiti with the following statements: (1) “[T.P.] wants
[M.L.] dead!!”; (2) “I’ll be dead soon, 6 ft. under” (stick figure in a coffin); and
12
Larson was deceased at the time of trial.
10
No. 86607-9-I (Consol. with No. 86972-8-I)/11
(3) “[M.L.] is gonna die soon.” (smiley face).13 The State asserted that the graffiti
appeared to be in at least three different people’s handwriting. During pretrial
interviews, both T.P. and M.D. stated they did not create the graffiti, nor did they
know who wrote it. M.D. noted some of the handwriting looked feminine and
admitted it could have been her.
Dean claimed he was offering the photographs as proof that T.P. put a hit
on M.L. The court concluded the statements were hearsay and no exception
existed. In a motion for reconsideration, Dean argued the writings were
admissible for the purpose of impeaching law enforcement’s investigation. He
maintained detectives “cleared” T.P. before the writings were found, and the
investigation efforts concerning T.P. were minimal. The court denied Dean’s
motion.
4. Other Suspect Evidence
Dean also sought to admit testimony that T.P. was abusive towards his
girlfriend, M.D., as part of his “other suspect” defense. In a pretrial interview,
M.D. stated T.P. choked her “a couple of times.” Dean contended this evidence
went to T.P.’s intent, motive, and modus operandi underlying his alleged murder
of M.L. The court allowed the evidence, noting Dean satisfied the ER 404(b)
requirements.14
13
The graffiti in (3) above used the first name of M.L., but it is unclear to
whom this statement referred given this first name was shared by M.D., T.P.’s
girlfriend at the time of M.L.’s death.
14
To admit evidence of the defendant’s prior misconduct, “ ‘the trial court
must (1) find by a preponderance of the evidence that the misconduct occurred,
(2) identify the purpose for which the evidence is sought to be introduced,
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No. 86607-9-I (Consol. with No. 86972-8-I)/12
The State filed a motion asking the court to reconsider. During the
hearing, Dean offered a new, non-propensity, basis for admission:
consciousness of guilt. Dean told the court he expected M.D. to testify about an
incident that occurred while she was dating T.P., where T.P. and a friend, E.C.,
took her out in the woods behind T.P.’s house and tied her to a tree, then the
friend put his hands around M.D.’s neck, and T.P. said, “Do you want to die like
[M.L.] died?”
The court considered both the State’s motion for reconsideration and the
newly offered evidence of the incident in the woods. The court reversed its
original order allowing the admission of evidence of T.P. choking M.D., noting,
“the case law is clear that this does not fit MO, modus operandi, because it’s not
so distinctive and unusual of a manner of assaulting or attempting to kill
someone that it would justify admitting the prior misconduct.” But, with regard to
the incident with T.P., E.C., and M.D. in the woods, the court found its probative
value outweighed the prejudice and allowed its admission.
5. Autopsy Photographs
The State sought to admit 16 photographs from M.L.’s autopsy. The State
maintained the photographs selected offered “a very particular and specific thing,
clothing that the victim was wearing, the injuries to her throat from various
angles, the face shot for identification, and the condition of her various limbs and
(3) determine whether the evidence is relevant to prove an element of the crime
charged, and (4) weigh the probative value against the prejudicial effect.’ ” State
v. Gresham, 173 Wn.2d 405, 421, 269 P.3d 207 (2012) (quoting State v. Thang,
145 Wn.2d 630, 642, 41 P.3d 1159 (2002)).
12
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back and torso.” The court granted the State’s motion, noting it did not “believe
that they are so shocking under [ER] 403 as to be unfairly prejudicial, and they’re
directly relevant to the State’s burden in this matter.”
Trial
At trial, Dean’s theory of the case was that T.P. was responsible for M.L.’s
death. Sharon described M.L. and T.P.’s relationship as “volatile,” and noted she
did not like the way T.P. treated M.L. She testified that shortly before M.L.’s
death, T.P and M.L. broke up. She stated that on the day of M.L.’s death, M.L
called her at work and told her that T.P. “was going to come and kill her [M.L.].”15
At the end of Sharon’s direct examination, the State handed her what had
previously been admitted as Exhibit (Ex.) 29—an autopsy photograph of M.L.16
The photograph depicted M.L.’s face. M.L.’s eyes were closed, her mouth sightly
open, and red ligature marks were visible on her neck. The State questioned,
“I’m going to ask you to take a look at [the photograph], and I’m going to ask you
to indicate for us whether this is, in fact, a photograph of your daughter [M.L.],
okay?” Sharon replied, “Oh, my God. It’s her.” The State ended its direct
examination and the court turned to Dean for cross-examination. Before Dean’s
attorney began cross-examination, he stated, “Your Honor, I’ll just ask, if
[Sharon] needs a few minutes, that would certainly be understandable.” Sharon
15
Neither Sharon’s initial report to police nor her written statement
included this fact.
16
Before showing Sharon the photo, the State approached Dean’s
counsel and confirmed it was going to present the photo to Sharon. Dean’s
counsel did not object.
13
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indicated she was ready to continue, but after a few moments, Dean noted, “Your
Honor, I know [Sharon] has indicated that she’s all right, but I do wonder if this
would be an appropriate time for the afternoon recess, as I do see that she is still
understandably upset and tearful.”
The court recessed and Dean moved for a mistrial. Dean noted Sharon
had already been shown several photos of M.L., and no apparent need existed
for the State to show her the final autopsy photo. Dean claimed,
It was clearly a ploy that was meant to derail cross-
examination. It puts defense in a terrible light before the jury to ask
her really anything about [M.L.]. It was clearly designed to enflame
the passions of the jury. [Sharon], upon seeing the photo shouted,
“Oh, my God,” and burst into tears.
The State countered that it was appropriate to “close the circle” by having Sharon
identify the individual in the photograph. The State also noted that it had told
Sharon that morning it would be showing her autopsy photographs.
The court concluded there was a legitimate basis for the State to show the
photograph and noted, “while it’s unfortunate the witness had a – an emotional
reaction, which is understandable, to it, it was not so overblown that it can’t be,
with a break, overcome.” After the recess, Sharon returned to the stand and
Dean conducted cross-examination with seemingly no issues.
Later in trial, the State showed Dr. Kiesel the same photograph (Ex. 29)
and he explained, “this is an identification photograph that we take on all cases.”
Prior to deliberations, the court read the jury instructions, which included the
following instruction: “You must not let your emotions overcome your rational
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thought process. You must reach your decision based on the facts proved to you
and on the law given to you, not on sympathy, prejudice, or personal preference.”
Dean called several witnesses at trial, including T.P. T.P. testified that
M.L. prank-called his house the night she was killed but had little memory of
much else. When asked if he had any memory of telling M.L. she was marked,
T.P. claimed he did not recall making that comment. But in a written statement to
law enforcement on April 20, 1993, T.P. said he had placed a tag on M.L.’s life.
T.P.’s stepbrother, A.G., testified and confirmed that T.P. had placed a hit
on M.L. A.G. recalled that T.P. had told him that “he had forgotten to call off a
hit” on M.L. A.G. said T.P was not planning the hit himself but had recruited
someone from the gang he was affiliated with to carry out the hit. A.G. testified
“nothing” wound up happening with the hit and T.P. never mentioned it to him
again. In his written statement to law enforcement in 1993, A.G. said, “[T.P.] did
tell [M.L.] she was marked, but only after she kept calling and refused to stop.”
T.P.’s father and brothers, S.P. and B.P., also testified. Neither recalled
much from the night of April 13, but their statements to police on April 16, 1993,
indicated that on the night of April 13, T.P. returned home around 9:00 p.m., was
on the couch watching a movie at 2:00 a.m., and was asleep on the couch at
6:00 a.m. Conversely, M.D. testified that T.P. stayed at her house the night of
April 13, 1993.
Dean called M.D. as a witness and asked about the incident in the woods.
While describing the incident, M.D. testified it was T.P.’s friend, E.C., who asked
if she wanted to die like M.L., not T.P., as Dean had indicated. The State
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objected and asked to be heard outside the presence of the jurors. The State
noted that M.D.’s testimony was different than what was discussed during the
motions in limine. During the motion, Dean had offered this incident as proof of
T.P.’s consciousness of guilt because it was T.P. who said, “Do you want to die
like [M.L.]” but now M.D. was testifying it was T.P.’s friend who said those words.
Dean responded that in her interview with detectives, M.D. indicated it was T.P.
who said those words. Dean offered two remedies: impeachment or a stipulation
from the detective that during the interview, M.D. referred to T.P making the
statement.
The court allowed Dean to impeach M.D., but stated, “if she does not—
after being confronted with her out-of-court statement—agree to that, then the
matter is over.” Dean responded, “And I will move on at that point.” When Dean
continued questioning, M.D. confirmed it was E.C. who made the statement. The
State objected and moved to strike. The court sustained the objection and told
the jury “to disregard the last answer with regard to who made the statement and
what the statement was.” The State requested that the entire portion of the
testimony concerning the incident be struck; the court sustained that as well and
told the jury to “disregard the entirety of that line of questioning.” Dean did not
object.
The jury found Dean guilty of murder in the first degree, and the court
sentenced Dean to 320 months imprisonment, to be followed by 36 months
community custody. Dean appealed, claiming (1) the trial court violated his right
to due process by admitting his involuntary statements; (2) the court denied Dean
16
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his constitutional right to present a defense; (3) Dean was denied effective
assistance of counsel; (4) the State engaged in prosecutorial misconduct; (4) the
trial court violated Dean’s right to confront a witness; (5) Dean was deprived of a
fair trial due to cumulative error; and (6) the trial court erroneously entered
community custody conditions that exceeded the statutory maximum.
ANALYSIS
CrR 3.5
Dean contends the trial court erred when it concluded that admission of
the statements he made during his postarrest interview did not violate his due
process rights.17 Because Dean was not exhibiting any signs of mental illness
and his statements were not coerced, the court did not err when it concluded the
statements were made voluntarily.
We will not disturb a trial court’s determination that a statement was made
voluntarily if “there is substantial evidence in the record from which the trial court
could have found by a preponderance of the evidence that the confession was
voluntary.” State v. Cushing, 68 Wn. App. 388, 393, 842 P.2d 1035 (1993). The
due process clause of the federal and state constitutions protects individuals
from convictions predicated on, in whole or part, the admission of involuntary
statements coerced by the actions of a State actor. U.S. CONST. amend. XIV,
§ 1, WASH. CONST. art. I, § 3; State v. McCullough, 56 Wn. App. 655, 658, 784
17
Dean only challenges the voluntariness of statements made during his
postarrest interview. His statements made to law enforcement during his arrest
are not challenged, but they are discussed to the extent they inform the
voluntariness of his interview room statements.
17
No. 86607-9-I (Consol. with No. 86972-8-I)/18
P.2d 566 (1990). For purposes of due process, “coercive police activity is a
necessary predicate to the finding that a confession is not ‘voluntary.’ ” Colorado
v. Connelly, 479 U.S. 157, 167, 107 S. Ct. 515, 93 L. Ed. 2d 473 (1986).
Whether a statement is involuntary is determined by the totality of the
circumstances. State v. Unga, 165 Wn.2d 95, 100, 196 P.3d 645 (2008).
Factors considered in the totality of the circumstances analysis include the
defendant’s physical condition, age, mental abilities, and conduct of law
enforcement. State v. Rupe, 101 Wn. 2d 664, 679, 683 P.2d 571 (1984). While
the court must consider the mental abilities of a defendant, mental illness does
“not necessarily require the conclusion that the confession was involuntary.”
Cushing, 68 Wn. App. at 392-93. Even where mental illness is a factor, police
coercion must also be present for a statement to be deemed involuntary.
Connelly, 479 U.S. at 165 (“[W]hile mental condition is surely relevant to an
individual’s susceptibility to police coercion, mere examination of the
confessant’s state of mind can never conclude the due process inquiry.”)
Here, Dean contends the totality of the circumstances show that he had
an untreated mental illness and law enforcement exploited this condition during
the July 28, 2020, interview. Dean references his past treatment for
schizophrenia, maintaining this indicates a longstanding condition,18 and his
more recent competency evaluations to support his assertion that his behavior
was the product of more than anti-government beliefs. He maintains the State
18
In 2007 and 2009, Dean received services through King County
Regional Support Network in relation to a diagnosis of Unspecified
Schizophrenia.
18
No. 86607-9-I (Consol. with No. 86972-8-I)/19
had reason to question his mental condition—based on his statements during the
gum ruse and his arrest—and exploited this condition by lying to him about the
reason for his arrest, then “taking his incoherent statements as an invocation of
his right to silence.”
Dean likens his situation to State v. Sergent, 27 Wn. App. 947, 621 P.2d
209 (1980). In that case, the State charged Sergent with murder in the first
degree but found him incompetent to stand trial. Sergent, 27 Wn. App. at 948.
Sergent was admitted to WSH and the hospital administered “haloperidol (which
reduces delusions and hallucinations of one suffering from schizophrenia) and
Cogentin (which controls undesirable physical side effects of the haloperidol).”
Id. A few weeks after being admitted, Sergent spoke with law enforcement on
the phone and expressed a desire to enter a guilty plea. Id. The court held a
CrR 3.5 hearing and deemed the conversation admissible. Id. Subsequently,
the court found Sergent guilty of murder in the second degree. Id. Sergent
appealed, contending his confession was not made voluntarily. Id.
On appeal, the court held, “An examination of all the circumstances
surrounding the February 15 statement convinces us that the confession was
involuntary.” Id. at 949. The court noted that when Sergent made the statement
to law enforcement, he was incompetent to stand trial, actively exhibiting
symptoms of schizophrenia, experiencing strong negative reaction to his
medications, had waived his fundamental constitutional rights without the
assistance of counsel, and believed confessing would result in his transfer to
prison, thereby “escaping the prescribed medications.” Id. at 950. Additionally,
19
No. 86607-9-I (Consol. with No. 86972-8-I)/20
the court noted the officer’s questions to Sergent were “highly suggestive and
leading.” Id. at 951.
The facts here are distinguishable. Unlike Sergent, no evidence exists
suggesting Dean was actively experiencing symptoms of mental illness during
the interview. Dean had been treated for schizophrenia over ten years prior, but
he had no documented treatment again until October 16, 2020, nine months after
his arrest, when a psychologist deemed him incompetent to stand trial. However,
when law enforcement arrested Dean in February 2020, officers noted Dean
appeared to be tracking what they were saying and understood the situation.
Even if Dean had been experiencing mental illness symptoms, nothing in the
record indicates law enforcement was aware of and exploited his mental illness.
The arresting officer believed Dean considered himself a sovereign citizen
and recognized his communications as consistent with those beliefs. Dean made
similar statements during his interview with Detectives Walvatne and Conley, and
the detectives understood that Dean was communicating his desire to not answer
questions. When Dean continued to say he “decline[d] any and all offers of
contract” and he could not “make any legal determinations on any of the
questions,” the detectives ceased questioning him. Detective Conley told Dean
what he was being charged with, informed him that he was being recorded,
offered assistance if he needed anything, and left the room. The detectives did
not use coercive tactics, did not threaten Dean or ask him suggestive or leading
questions, and they left the room when Dean made it clear he did not want to
talk.
20
No. 86607-9-I (Consol. with No. 86972-8-I)/21
The court’s determination that Dean’s statement was voluntary is
supported by the record. Dean was not displaying obvious symptoms of mental
illness, but even if he was experiencing a mental health issue, the detectives did
not use coercive tactics. We conclude the trial court did not err when it admitted
Dean’s July 28, 2020, statements.
Right to Present a Defense
Dean contends the trial court violated his right to present his “other
suspect” defense when it excluded the graffiti writings and testimony from M.D.
concerning the incident in the woods. We disagree.
A defendant has the right to present a complete defense. State v.
Cayetano-Jaimes, 190 Wn. App. 286, 297-98, 359 P.3d 919 (2015). This
includes the right to present relevant, material evidence and “ ‘a fair opportunity
to defend against the State’s accusations.’ ” State v. Jones, 168 Wn.2d 713,
720, 230 P.3d 576 (2010) (quoting Chambers v. Mississippi, 410 U.S. 284, 294,
93 S. Ct. 1038, 35 L. Ed. Ed 297 (1973)).
We apply a two-step analysis to determine whether a defendant’s right to
present a defense was violated by a trial court’s exclusion of evidence. State v.
Arndt, 194 Wn.2d 784, 797, 453 P.3d 696 (2019). First, we analyze the trial
court’s evidentiary rulings for abuse of discretion. State v. Jennings, 199 Wn.2d
53, 58, 502 P.3d 1255 (2022). A trial court abuses its discretion if it “ ‘applies the
wrong legal standard[] or bases its ruling on an erroneous view of the law.’ ”
State v. Orn, 197 Wn.2d 343, 351, 482 P.3d 913 (2021) (alteration in original)
(quoting State v Lord, 161 Wn.2d 276, 284, 165 P.3d 1251 (2007)). If the trial
21
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court’s evidentiary ruling was an abuse of discretion, we must determine whether
the error was prejudicial under the harmless error standard. Jennings, 199
Wn.2d at 59. “An error is harmless and not grounds for reversal if the appellate
court is assured beyond a reasonable doubt that the jury would have reached the
same verdict without the error.” State v. Romero-Ochoa, 193 Wn.2d 341, 347,
440 P.3d 994 (2019).
If the court’s evidentiary ruling was not an abuse of discretion or was
harmless error, we then consider de novo whether the exclusion of evidence
violated the defendant’s right to present a defense. Jennings, 199 Wn.2d at 58.
First, the court must determine whether the evidence is minimally relevant.
Jones, 168 Wn.2d at 720. Evidence is relevant if it has “ ‘any tendency to make
the existence of any fact that is of consequence to the determination of the action
more probable or less probable than it