REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case. Superior Court of KITSAP County, Washington Cause No TIMOTHY ERIC CAFFREY

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1 DATE FILED: 3/15/91 (to be indicated by Clerk of Supreme Court) Questionnaire approved for use pursuant to Laws of 1981, ch. 138, 12. REPORT OF THE TRIAL JUDE Aggravated First Degree Murder Case Superior Court of KITSAP County, Washington Cause No State v. TIMOTHY ERIC CAFFREY INSTRUCTIONS: Please answer each question. If you do not have sufficient information to supply an answer, please so indicate after the specific question. If sufficient space is not allowed on the questionnaire form for answer to the question, use the back of the page, indicating the number of the question which you are answering, or attach additional sheets. If more than one defendant was convicted of aggravated first degree murder in this case, please make out a separate questionnaire for each such defendant. The statute specifies that this report shall, within thirty (30) days after the entry of the judgment and sentence, be submitted to the Clerk of the Supreme Court, to the defendant or his or her attorney, and to the prosecuting attorney. 0093

2 - 2 - (1) Information about the Defendant TIMOTHY ERIC (a) Name: CAFFREY, Last, First Middle Date of Birth: 10/10/66 Sex: M Marital Status: Never Married F Married Separated Divorced Spouse Deceased Race or ethnic origin of defendant: CAUCASIAN (Specify) (b) Number and ages of defendant's children: NONE (c) Defendant's Father living: If deceased, date of death: Defendant's Mother living: If deceased, date of death: (d) Number of children born to defendant's parents: SIX(6) TO MOTHER, TWO (2) TO FATHER (e) Defendant's education--check highest grade completed: College: Intelligence Level: Low IQ Score: Medium Above Average High Further explanation or comment: EXTENSIVE INFORMATION PROVIDED IN THE RECORD.

3 - 3 - (f) Was a psychiatric evaluation performed: If yes, did the evaluation indicate that the defendant was: able to distinguish right from wrong? (i) able to perceive the nature and qualityof his (ii) or her act? able to cooperate intelligently in his or her (iii) own defense? DEFENSE HAD CONTRARY EVALUATIONS WITH REARD TO DEFENDANT S RAE STATE. (g) Please describe any character or behavior disorders found or other pertinent psychiatric or psychological information: THE DEFENDANT PLEAD UILTY. THE JURY DID NOT IMPOSE THE DEATH PENALTY. THERE WERE EXTENSIVE CURRENT AND PAST EVALUATIONS BY MENTAL HEALTH PEOPLE. DEFENDANT DIANOSED AS MENTALLY ILL BUT COMPETENT. DIANOSED AS SCHIZOPHRENIC AND/OR BIPOLAR DISORDER. HISTORY OF MENTAL HEALTH INSTITUTIONALIZATIONS. (h) Please describe the work record of the defendant: SPORADIC, AS MUCH OF HIS LIFE WAS SPENT IN EITHER MENTAL HEALTH OR PENAL INSTITUTIONS. (i) If the defendant has a record of prior convictions, please list: Offense Date Sentence Imposed 2ND DEREE ARSON, DOV 6/22/88 7/6/88 20 MONTHS PRISON 2ND DEREE ASSAULT, DOV 6/10/86 7/11/86 13 MONTHS PRISON 1ST DEREE MALIC. MISCHIEF, DOV 4/27/86 6/3/86 6 MONTHS JAIL 1ST DEREE THEFT, DOV 2/22/86 6/3/86 90 DAYS JAIL MISDEMEANOR CONVICTIONS SIMPLE ASSAULT, DOV 4/6/86 4/10/86 90 DAYS JAIL SUSPENDED 3RD DEREE MALIC. MISCHIEF, DOV 4/12/88 6/6/ DAYS JAIL W/351 SUSP.

4 - 4 - JUVENILE OFFENSES 2ND DEREE ASSAULT (CORR. OFF.), DOV 12/2/83 8/27/83 1ST DEREE THEFT, DOV 5/28/83 8/10/83 3RD DEREE ASSAULT, DOV 5/21/82 8/31/82 3RD DEREE MAL. MIS., DOV 3/1/82 8/31/82 (j) Length of time defendant has resided in: Washington: 5 YRS. County of conviction: 5 YRS.

5 - 5 - (2) Information about the Trial (a) How did the defendant plead to the charge of aggravated first degree murder?: uilty Not uilty Not uilty by reason of insanity (b) Was the defendant represented by counsel?: (c) Please indicate if there was evidence introduced or instructions given as to any defense(s) to the crime of aggravated first degree murder: N/A Evidence Instruction(s) Excusable Homicide Justifiable Homicide Insanity Duress Entrapment Alibi Intoxication Other specific defenses:

6 - 6 - (d) If the defendant was charged with other offenses which were tried in the same trial, list the other offenses below and indicate whether defendant was convicted: PLEAD UILTY Convicted ATTEMPTED 1ST DEREE MURDER 1ST DEREE ARMED ROBBERY (2 COUNTS) FELON IN POSSESSION OF FIREARM (e) What aggravating circumstances, as set forth in Laws of 1981, ch , were alleged against the defendant and which of these circumstances were found to have been applicable?: I II Aggravating Circumstances Alleged THE MURDER WAS COMMITTED IN THE COURSE OR FURTHERANCE OF A ROBBERY THE MURDER WAS COMMITTED TO CONCEAL THE IDENTITY OF THE CRIME AND/OR THE PERSON COMMITTIN THE CRIME. (AFTER PLEADIN UILTY, THE DEFENDANT EXPLAINED THAT HE DID NOT COMMIT THE MURDER TO CONCEAL THE IDENTITY BECAUSE THERE WAS A VIDEO CAMERA THAT FILMED THE MURDER. THE DEFENDANT COMMENTED HE COULD HAVE SHOT THE CAMERA IF HE WANTED TO CONCEAL HIS IDENTITY.) Found Applicable

7 - 7 - (f) Please provide the names of each other defendant tried jointly with this defendant, the charges filed against each other defendant, and the disposition of each charge: Name: NONE Offenses Charged Disposition Name: Offenses Charged Disposition (3) Information Concerning the Special Sentencing Proceeding DEFENDANT PLEAD UILTY - JURY RETURNED SPECIAL SENTENCIN VERDICT ON 12/18/90 (a) Date of Conviction: Date special sentencing proceeding commenced: 11/26/90 (b) Was the jury for the special sentencing proceeding composed of the same jurors as the jury that returned the verdict to the charge of aggravated first degree murder? If the answer to the above question is no, please explain: DEFENDANT PLEAD UILTY SO THE JURY WAS IMPANELED ONLY FOR THE PENALTY PHASE. (c) Was there, in the court's opinion, credible evidence of any mitigating circumstances as provided in Laws of 1981, ch. 138, 7? If yes, please describe: DEFENDANT PRESENTED EVIDENCE OF CHILDHOOD ABUSE, CHILDHOOD MENTAL HEATH INSTITUTIONALIZATION AND TOOK THE STAND TO ASK FOR MERCY.

8 - 8 - (d) Was there evidence of mitigating circumstances, whether or not of a type listed in Laws of 1981, ch. 138, 7, not described in answer to (3)(c) above? If yes, please describe: SEE SUB SECTION (C) (e) How did the jury answer the question posed in Laws of 1981, ch. 138, 6(4), that is: "Having in mind the crime of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency? THE JURY CHECKED THE BOX NEXT TO UNABLE TO UNANIMOUSLY AREE. (f) What sentence was imposed? LIFE IMPRISONMENT WITHOUT POSSIBILITY OF PAROLE. (4) Information about the Victim (a) Was the victim related to the defendant by blood or marriage? If yes, please describe the relationship: (b) What was the victim's occupation, and was the victim an employer or employee of the defendant? VICTIM WAS A CLERK IN A CONVENIENCE STORE. VICTIM WAS NOT AN EMPLOYEE OR EMPLOYER OF THE DEFENDANT.

9 - 9 - (c) Was the victim acquainted with the defendant, and if so, how well? NO. (d) If the victim was a resident of Washington, please state: Length of Washington residency: County of residence: Length of residency in that county: OVER 5 YEARS KITSAP OVER 5 YEARS (e) Was the victim of the same race or ethnic origin as the defendant? If no, please state the victim's race or ethnic origin: (f) Was the victim of the same sex as the defendant? (g) Was the victim held hostage during the crime? If yes, for how long: (h) Please describe the nature and extent of any physical harm or torture inflicted upon the victim prior to death: DEFENDANT FIRED A SHOT AT THE VICTIM S FACE, THAT SHOT MISSED BUT THE VICTIM FELL TO THE FLOOR. THE DEFENDANT THEN FIRED A SECOND SHOT INTO THE VICTIM S HEAD WHICH CAUSED DEATH.

10 (i) What was the age of the victim? 42 YEARS OLD (j) What type of weapon, if any, was used in the crime? A UN (5) Information about the Representation of Defendant (If more than one counsel represented the defendant, answer each question separately as to each counsel. Attach separate sheets containing answers for additional counsel.) (a) Name of counsel: ERIC LIND, ROER HUNKO (b) Date on which counsel was secured: ROER HUNKO WAS APPOINTED AT THE DEFENDANT S ARRAINMENT ON 3/29/90; ERIC LIND WAS APPOINTED AS CO-COUNSEL ON 4/11/90. (c) Was counsel retained or appointed? If appointed, please state the reason therefor: APPOINTED AS THE DEFENDANT WAS INDIENT. (d) How long has counsel practiced law, and what is the nature of counsel's practice? ROER HUNKO, 11 YEARS, CRIMINAL LAW. ERIC LIND, 9 YEARS, CRIMINAL- SNOHOMISH - PROSECUTOR THEN CRIMINAL DEFENSE PRIOR CAPITAL EXPERIENCE - 1 AS PROSECUTOR AND 3 OTHER CAPITAL DEFENSE. (e) Did the same counsel serve at both the trial and the special sentencing proceeding, and if not, why not? SINCE THE DEFENDANT PLEAD UILTY THERE WAS NOT A TRIAL. THE SAME COUNSEL REPRESENTED MR. CAFFREY THROUHOUT THE ENTIRE PROCEEDINS EXCEPT FOR PERIODIC PRO SE REPRESENTATION.

11 (6) eneral Considerations (a) Was the race or ethnic origin of the defendant, victim, or any witness an apparent factor at trial? If yes, please explain: (b) What percentage of the population of the county is the same race or ethnic origin as the defendant? Race Ethnic Origin Under 10% 10-25% 25-50% 50-75% 75-90% Over 90% If there appears to be any reason to answer this question with respect to a county other than the county in which the trial was held, please explain: THE JURY WAS SELECTED IN PIERCE COUNTY DUE TO PRETRIAL PUBLICITY BUT RACIAL OR ETHNIC ISSUES DID NOT APPEAR TO BE PRESENT.

12 (c) How many persons of the defendant's or victim's race or ethnic origin were represented on the jury? ALL WERE SAME RACE AND APPARENT ETHNIC BACKROUND AS BOTH THE VICTIM AND THE DEFENDANT. Defendant: 100% Victim: 100% Further explanation or comment: BOTH THE DEFENDANT AND VICTIM WERE CAUCASIAN. JURY WAS SELECTED IN PIERCE COUNTY. (d) Was there any evidence that persons of any particular race or ethnic origin were systematically excluded from the jury? If yes, please explain: (e) Was the sexual orientation of the defendant, victim, or any witness an apparent factor at trial? If yes, please explain:

13 (f) Was the jury specifically instructed to exclude race, ethnic origin, or sexual preference as an issue? (g) Was there extensive publicity in the community concerning this case? (h) Was the jury instructed to disregard such publicity? (i) Was the jury instructed to avoid any influence of passion, prejudice or any other arbitrary factor when considering its verdict or its findings in the special sentencing proceeding? (j) Please describe the nature of any evidence suggesting the necessity for instructions of the type described in 6(f) through 6(i) above which were given: JURY WAS SELECTED FROM OUT OF COUNTY TO ENSURE NO EXPOSURE TO PRETRIAL PUBLICITY. JURY WAS INSTRUCTED RE (i) PURSUANT TO CASE LAW AND NOT BECAUSE OF ANY PARTICULAR PROBLEM.

14 (k) eneral comments of the trial judge concerning the appropriateness of the sentence, considering the crime, the defendant, and other relevant factors: IVEN THE EVIDENCE PRESENTED BY BOTH SIDES, THE JURY DECISION WAS CONSISTENT WITH A VERDICT OF MERCY. BASED ON THE DEFENSE PRESENTATION, THE PRIOR HISTORY OF VIOLENCE OF THE DEFENDANT WAS EXCLUDED. THE DEFENDANT HAD NO PRIOR MURDER CONVICTIONS AND HAD BEEN INSTITUTIONALIZED IN A MENTAL HEALTH FACILITY AT A VERY EARLY AE FOR AN EXTENSIVE PERIOD OF TIME. (7) Information about the Chronology of the Case (a) Date of offense: 3/26/90 (b) Date of arrest: 3/27/90 (c) Date trial began: DEFENDANT PLEAD UILTY ON 8/14/90 (d) Date jury returned verdict: N/A (e) Date post-trial motions ruled on: N/A (f) Date special sentencing proceeding began: 11/26/90 (g) Date sentence was imposed: JUDE SINED ORDERS ON 12/21/90 AND IMPOSED EXCEPTIONAL SENTENCE ON OTHER COUNTS ON 12/21/90 AND 3/15/91. 11/18/90 JURY RETURNED VERDICT. (h) Date this trial judge's report was completed: 3/14/91 KAREN CONOLEY TRIAL JUDE