Two Clallam County convictions overturned by appeals court

TACOMA — Two guilty verdicts handed down by Clallam County juries in 2004 have been overturned by a state appeals court this month because of misconduct by prosecutors.

The state Division II Court of Appeals reversed the convictions of Christopher Lee Brown, 46, and David Toby Mackey, 52, because county prosecutors used less-than-artful language while arguing the cases in front of juries.

Brown, of Sequim, was convicted of two counts of second-degree burglary and one count of trafficking in stolen property for possessing property stolen from a Sequim storage unit, according to court documents.

Mackey, of Port Angeles, was convicted of second-degree child molestation for abusing a 12-year-old girl over the course of about a year, court documents say.

Improper comments

The appeals court unanimously ruled Dec. 28 in the Mackey case that former Deputy Prosecutor John Prentiss made improper comments to the jury that could have affected the verdict, including anecdotes about an abused ice skater.

In the Brown case, the appeals court unanimously found Dec. 13 that Deputy Prosecutor Lauren Erickson had repeatedly called the defendant a liar during closing arguments, unfairly influencing the jury.

With Mackey, Clallam County Prosecuting Attorney Deborah Kelly conceded that Prentiss’ statements were improper.

Prentiss resigned in October, but Erickson still works for Kelly.

Kelly said she did not have plans to discipline Erickson.

“I’m not disciplining anyone for what is not intentional misconduct,” she said.

In the case of Brown, Kelly said Erickson made a mistake in her argument.

“Lauren did not tie her argument close enough to the evidence, to the point that it became personal opinion instead of an argument from evidence,” Kelly said.

In the case of Mackey, Kelly said Prentiss had not tried a sex crime case before and became personally involved.

“All good trial lawyers tend to be passionate about their cases, at least the ones they take to trial,” Kelly said.

More in News

Brinnon man in custody after search

A Brinnon man who was wanted after allegedly breaking into… Continue reading

The U.S. Coast Guard cutter Anacapa is being decommissioned after 34 years of service, the last of which had the ship homeported in Port Angeles. A ceremony Friday bid farewell to the vessel, which will make its final journey to the Coast Guard Yard in Baltimore, Maryland in the coming weeks. (Peter Segall / Peninsula Daily News)
Port Angeles-based cutter Anacapa decommissioned

110-foot vessel is one of few remaining Island-class cutters

PASD board approves pact with paraeducators

Two-year agreement hikes salary steps, wages

Acting city clerk Heather Robley, right, swears in new city council member Nicole Hartman on Monday after she was appointed to fill former mayor Tom Ferrell’s seat. Hartman will serve through certification of the 2025 general election. (Matthew Nash/Olympic Peninsula News Group)
Hartman named to Sequim council

PUD staffer to serve in former mayor’s seat

Poulsbo man dies in wreck south of Hood Canal Bridge

A Poulsbo man died in a vehicle collision in… Continue reading

EYE ON THE PENINSULA: Clallam County to discuss Elwha River watershed

Meetings across Clallam and Jefferson counties

Department of Ecology declares statewide drought emergency

Clallam County PUD #1 is requesting that water utility… Continue reading

Clallam County Fire District Captain Marty Martinez sprays water on a hot spot of a fire that destroyed a house and adjoining RV in the 700 block of East Kemp Street near Port Angeles on Friday morning. (Keith Thorpe/Peninsula Daily News)
One found dead in fire east of Port Angeles

House, garage destroyed in Kemp Street blaze

Government officials applaud the ribbon cutting at the Point Hudson breakwater in Port Townsend on Wednesday afternoon. (Diane Urbani de la Paz/For Peninsula Daily News)
Point Hudson breakwater opens centennial celebration

$12 million port project finishes on time, under budget

NOHN helps to meet healthcare needs, CEO says

Network established in 2015 with federally qualified center

People, tools needed for build

Dream Playground on track for May 15-19

Skilled workers sought for Dream Playground shifts

The Dream Playground is seeking skilled workers for the following shifts: •… Continue reading