E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON June 08 2012 3:23 PM KEVIN STOCK COUNTY CLERK

NO: 11-1-03893-1

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VS.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF PIERCE

STATE OF WASHINGTON,
Plaintiff,

1 1

NO. 11-1-03893-1

STEVEN POWELL,
Defendant.

1 1 1
)

DEFENDANT'S SENTENCING MEMORANDUM

Comes Now, Steven Powell, through his attorneys, Mark T. Quigley and Travis R.

Currie, and submits this Memorandum regarding sentencing in the above matter.
I.

EACH OF DEFENDANT'S 14 COUN'TS OF VOYEURISM SHOULD BE CONSIDERED UNRANKED FELONIES AND SENTENCED ACCORDINGLY.

Defendant Steven Powell was convicted at trial of 14 counts of Voyeurism as defined in

RC W 9A.44.115(2)(a) and as charged in the original Information filed on September 22,20 1 1 .

!I August 3 1,2007.

Each Count as alleged in the Information states a charging period between June 1,2006 and

The jury was instructed on each count that the State must prove beyond a

'I 2007 (see jury

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reasonable doubt that the Defendant committed the acts between June 1. 2006 and August 3 1,

POWELL-DEFGNDAN'r'S SEN'KENCING
MEMORANDUM-1

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instruction numbers 13-26 filed herein). The jury so found.

Prior to June 7,2006, the crime of voyeurism as defined in RCW 9A.44.115 was an
unranked felony with a standard range of 0- I2 months. in 2006, the legislature changed
Voyeurism to a ranked level I1 felony, the effrc~ive date of that change was June 7. 2006.

Therefore part of the charging period, found by the jury as the dates of commission, occurred

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during a time when Voyeurism was an unranked felony (June 1,2006 to June 6,2006).

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!i Voyeurism to a Ranked Felony. At trial, Detective Sanders testified the exact date the images of

Arguably. acts were committed both before and after the effective date changing

A.H. and J.H. were taken is unknown. Similarly, A.H., J.H., and their mother, D.C. provided no testimony about tho exact date m y photographs were taken nr viewing ocruncd Recruse of that

BCI, State chase a broad charging period and requested jury initructions defining ~ h r period, the l
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Where two possible constructions are permissible, the nile of lenity requires constmction
oFa statute strictly against the state and in favor ofthe defendant. State v. Sass, 94 Wash.2d 72 1,

620 P.Zd 79. (IUBO).

II

Penal statutes are generally construed against the State in favor of an accused. Seattle v.

I Green, 51 Wash.Zd 871, 322 P.2d 842 (1958); State v. Tharn~son,38 Wash.2d 774,232 P . l d 87
(195 1); cited in State v. Arndt, 87 Wash.2d 374, 553 P.2d 1328 ( 1 976).

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I

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When evidence does not clearly prow the commission date, and the charging period
encompasses r chrngr in the penally far mmrnirrinn, the defendant is entitled lo he sentenced

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I under the more lenient penalty. This issue was addressed in State v. Parker, 132 Wash.2d 182,
937 P.2d 575 (1 997).

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In Parker, supra, the defendant was charged with, and con~icted committing crimes of,
POWELL-DEFLNDANT'S SEN I tNC'ING MEMORANDUM-2

Dcpanmenr ot-Ashigned Cak~nsul 949 Market Street, Sullc 334 'lacoma. Washington 98402-36% Telephone: (253) 799-6062

during a five year period. During the fourth year of the charging period the law changed

increasing the penalties for the charged crimes. The State asked the jury to convict the defendant
for any alleged acts during the charging period. The jury was nut asked to and did not specify when during the f ve year charging period any of the acts occurred. At sentencing the court
imposed the higher standard range, which became effective in year four of the five year charging
period.

The Washington Supreme Court held such a sentence was error. The court held that use
of the increased penalties without requiring the State to prove the acts occurred after the effective
dates of the increased penalties would violate the ex post facto clause of both the United States
and Washington constitutions. See State v. Parka, supra at 191 , citing State v. Gurrola, 69
Urn.App. 1 52,848 P.2d 1 99 ( 1 993). The Court further stated that when (emphasis supplied) the

crime was committed j s a factual question which must be put to the jury. State v . Parker, supra,
at 192. footnote 14.

Here the jury was given little if any evidence of when the voyeurism acts were
committed. Although D.C. testified that A.H. and J.H. moved into the house in late summer

2006, she also testified on cross examination that she did not h o w the exact date the girls moved
in. Ultimately , the jury found, as requested by the State in their proposed jury instructions

defining Vo yzurism that the acts occurred between June 1,2006 and August 3 1.2007. Under the
holding of Parker. supra, Gurrola, supra and the rule of lenity, Defendant should be sentenced
under the more lenient penalty authorized during the charging period. Defendant should be

sentenced on each count as an unranked felorly with a standard range of0-12 months.

Deprtment

O ~ - ~ E S I ~ Counsef I I C ~ ,

949 hfarket Strrcr. S u ~ l e 334 ?acorns. Warhingtun 9SJ02-3696

Telephonr (253) 798-6062

II.

DEFENDANT SHOULD RECEIVE A SENTENCE PROPORTIONAL TO THE

CONDUCT FOR WHICH HE WAS CONVICTED.

Defendant Srevcn Powcll is 62 yeals old without any prior criminal convictions. All of

his personal possessions, records, digital media and computers Mere thoroughly searched by law

enforcement. Besides the charges herein, no other e\ idence of criminal conduct was discovered.
As argued above, the 14 Voyeurism counts should be considered unrilnked m d have

standard ranges of 0- 12 months each, concurrent. The State seeks a sentence ten times that
amount of punishment. Even if the standard range is calculated as a level 2 ranked felony (43-57

months), the State seeks to more than double that amount. An equivalent punishment ( I 20
months) for a person without prior criminal history would be the standard range of a lekel 12

felony under the SRA Sentencing Grid (93-123months). Crimes included as level 12 offenses

are: Assault First Degree. Rape First Degree, Rape of a Chi Id First Degree and Assault of a
Child First Degree. III essence the State is seeking a sentence equivalent to a conviction for

Assaulting or Raping a child the age of A. H. or J .H., as of 2006.

For furlher perspective, the low end of a level 14 offense which includes Murder Second
Degree, (with no prior criminal historv) is 123 months. Without diminishing the gravity of the
conv~ctions herein, and with all proper respect fur thc two rninor victims and their family', ten

years in prison for the conduct proven is unrcasonab!e. untenable and would be an abuse of

discretion.

The Sentencing Reform

following:

Act (SRA), RC W 9.94A.0 10, states, as some of its purposes. the

1) Ensure that the punishment for a criminal offense is proportionale to the seriousness
POWELL-DEFEND,ANT'S SENTENCING MEMORANDUM-4

of the offense and the offender's criminal history;

2) Promote respect for the law by providing punishment which is just; and
3) Be commensurate with the punishment imposed on others cornmitting similar offenses.

The SRA further authorizes judges to impose sentences outside the standard range if

! "there are substantial and compelling reasons justifying an exceptional sentence. RC W

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9.94A.120(2). The Court, by virtue of the number of counts, ( w e n if reduced for same criminal

I conduct, merger, or double jeopardy) and the scoring multiplier for sex offenses, has the

! authority to impose an exceptional sentence for "unpunished offenses" under RC W

i1,, compelling reasons to depart from the standard range are absent.

9 9 4 A 535(2)(c). H o s n r r , such authority may not be exercised where substantial and

Beyond the sheer number of counts, (which possibly could have occurred on as few as
one to three separate days) there is nothing particularly aggravated in the way the crimes were committed. A H . and I.H. had no knowledge they were being viewed and the voyeurism had nu
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impact on their lives until they were notified five years later. ?'he viewing took place from
within the Defendant's home and was accomplished by Looking out a window toward an adjacent

home. No manipulation or modification of the victims' residence was required to enhance the

line of right. There is no evidence the Defendant ever physically contacted the victims' property.
Notwithstanding the rather routine nature of the charges (Voyeurism has been charged

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against 48 separate Defendants in Pierce County since 2002-See attachment A), this case

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I generated extreme national media attention. The Defendant's connection to Susan Powell and

Josh Powell, although not a significant part of the trial, is without doubt the cause of such public

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POWELL-DEFENUAN'f'S SENTENClNG
MEMORANDUM-5

Department of Assigncd Counsel 449 Markel Street, Suite 333 Tacoma, Washington 98402-76% Telephone: ( 1 5 3 1 748-6062

interest. These collateral connections have no bearing on the Defendant's culpability and should
not be considered by this Court at sentencing. A thorough search of Pierce County voyeurism convictions in the last 10 years revealed

one similar multiple-count conviction, Pierce County Cause No. 02-1 -1 9459-7, State v. Kevin

Cheetharn. Mr. Cheetharn, a then 47 year old man without any criminal history, plead guilty to 16 counts of Voyeurism (unranked), in 2003. A copy of the Information and Declaration for

Determination of Probable Cause me attached as Attachment B. Among the victims were three
children aged 1 1, 16, and a "teenager". The Slate recommended 6 months at sentencing, Mr.
Cheetham was sentenced to 26 1 days. Certainly every case has differences and Defendant is not privy to the details, proof issues

and negotiations involved in Mr. Cheetham' s case. However. setting aside the media scrutiny
and public interest in this case. the two cases appear to be factually similar. Mr. Powell should
be sentenced consistent with other similarly situated Defendants, withoul regard to his notoriety.

To do otherwise, violates the Equal Protection clauses of both the Federal constitution and
Washington Constitution and the plain language of RCW 9.94A.010.

Defendant respectfully requests that this court sentence him within the standard range of
0- 12 months on each count. concurrent.
*this Respectfully sub

day ofJune 2012.

~ttornt& Defendant for

Attorney for Defendant

POWELL-DEFENDANT'S SENTENCINri MEMORANDUM-6

Ilcpartmcnt ol'Ach~pned C:ounsel 914 Market Streel. Suilc 334 Ticornd W a s h ~ l ~ g t o n 98302-36q11

Telephone ( 2 5 3 ) 798-6062

ATTACHMENT A

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DANIEL

EARL

ATTACHMENT B

I THE SUPERIOR COURT OF THE STATE OF WASHINGTON N I A N D FOR THE COUNTY OF PIERCE N
STATE OF WASHINGTON,
Plaintiff,
VS.

MAR 0 5 2003
CAUSE NO.02- 1-0 1945-7

FIRST AMENDED INFORMATION

KEVIN CHEETHAM,
Defendant.

DOB: 0911 811956

SEX: MALE
SID#: UNKNOWN

SS#: 53 7-62- 7368

KACE: W HlTE DOL#: UNKNOWN

I, GERALD A. HORNE, Prosecuting Attorney for Pierce County, in the

follows:

name and by the authority of

the State of Washington, do accuse KEVIN CHEETHAM ofthe crime of VOYEURISM, commitred as

That KEVIN CHEETHAM, i the State of Washington, during the period between the 1 st day of n
April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously for the purpuse of arousing or

gratifying the sexual desire of any person, knowingly view, phorograph, or film another person without that
person's knowledge and consent, while that person being viewed, photographed, or filmed is in a place where

that person would have a reasonable expectation of privacy, contrary to RCW 9A.44.1 I'j,and against the
peace and dignity of the State of Washington.

COUNT I 1

AMENDED INFORMATION - 1
Olficc uf P r m u l ~ n g Atlornty 930 Tacoma Avcnuc South, R m m 946 Tacoma, Washington 98402-21 7 1 Main Office: (253) 798-7400

And I, GEKALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM o f the crime of VOYEURISM, a crim'e of the same or similar character, andlor a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single
scheme or plan, and/or so closely connected in respect to time, place and occasion that it would be

difficult to separate proof of one charge from proof of the others, committed as follows:

That KEVIN CHEETHAM, in the State of Washington, during the period betwccn the I st
day o f April, 2000 and the 2nd day o f February, 2002, did unlawfully and feloniously Ibr Ihe purpose
o f arousing or gratifying the sexual desire of any person, knowingly view, phorograph, or film

another person without that person's knowledge and consent, while that person being viewed,

photographed, or filmed is in a place where that person would have a reasonable expectation of

privacy. contrary to RCW 9A.44,I 15, and against the peace and dignity of the State of Washington.

COUNT I l l
And I, GERALD A. HORNE, Prosecuting Altorney aforesaid, do accuse KEVIN

CklEETHAM of the crime o f VOYEURISM, a crime of the same or similar character, andor a crime

II:

based on the same conduct or on a series of a c ~ s connected together or constituting parts of a single
scheme or plan, andtor so closely connected in respect to time, place and occasion that it would be

difficult to separate proof of one charge from proof of the others. committed as foltows;

That KEVIN CHEETHAM, in the State o f Washington, during the period between the 1 st
day of April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously for the purpose

of arousing or gratifying the sexual desire of any person, knowingly view, photograph. or film
another person without that person's knowledge and consent, while that person being viewed,

photographed, or filmed is in a place where that person would have a reasonable expectation o f
privacy, contrary to RCW 9 4 . 4 4 1 , and against the peace and dignity of the Stare o f Washington.

COUNT IV

And I, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVW CHEETHAM of the crime o f VOYEURISM, a crime o i t h e same or similar character, and/or a crime based on the same conduct or on a series of acts connected together or constituting parts of a single
scheme ar plan, andlor so closely connected in rcspcct to time, place and occasion that it would be

dificult to separate proof o f onc charge from proof of the others, committed as follows:

AMENDED INFORMATION 2
OMcc o f Prosmuting Allorney 930 Tacoma Avenue South. Room 946 Tacoma, Woshingron 98402-217 1 Main Office: (253) 798-7400

That KEVIN CHEETHAM, in the State of Washington, on or about during the period
between the

1st day of April, 2000 and the 2nd day of February, 2002, did r~ntawfully feloniously and

for the purpose o f arousing or gratifying the sexua) desire of any person, knowingly view,
photograph, or film another person without that person's knowledge and consent, while that person

k i n g viewed, photographed, or filmed is in a place where that person would have a reasonable
expectation o f privscy, contrary to RCW 9A.44.113, and again51 the peace and dignity o f the State of
Washington.

COUNT v

GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN CHEETHAM o f the crime o f VOYEURISM, a crime o f the same or similar character, and/or a crime
And 1,
based on the same conduct o on a series of acts connec~ed r together or constituring parts of a single

scheme or plan, and/or so closely connected in respect lo lime, place and occasi~n it would be that

difficult to separate proof of one charge from proof of the others, committed as follows:
That KEVIN CHEETHAM, in the State of Washington, on or about during thc period
between the 1st day of April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously

for the purpose of arousing or gratifying the sexual desire o f any person, knowingly view,
photograph, or film another person without that person's knowledge and consent, while that person

being viewed, photographed, or filmed is in a place where that person would have a reasonable
expectation of privacy, contrary to

RCW 9A.44.1 15, and against the peace and dignity of the State of
COUNT VI

Washingto-n.

And I, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime of VOYEURISM,a crime of the same or similar character, andor a crime
based on the same conduct or on a series o f acts connected together or constituting parts of a single

scheme or plan, and/or so closely connected in respect to time, place and occasion that it would be
difficult to separate proof of one charge from proof of the others, committed as follows: That

KEVIN CHEETHAM, in the'state of Washingon, on or about during the period

between the 1 st day of April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously for the purpose of arousing or gratifying the sexual desire of any person, knowingly view,

photograph, or 17lm another person without that person's knowledge and consent, while that person

AMENDED INFORMATION - 3
Office o f PIOKCYI~II~l l ~ l I I t y A
930 Tacoma Avenue South. Room 946 Tacoma, Washing~on98402-21 7 1 Main OIficr: (1-53) 798-7409

being viewed, photographed, o filmed is in a place where that person would have a reasonable r
expectation of privacy, contrary toKCW 9A.44.1 15, and against the peace and dignity of the State of Washington.

COUNT V I I
And I, GERALD A.

HORNE,Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime o f VOYEURISM, a crime of the same or similar character, andlor a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single
scheme or plan, andlor so closely connected in respect to time, place and occasion that i t would be

(1
lo II

diflicult to separate pmof of one charge T r pmof of the others. committed as follows: mn That KEVIN

I/I 1
1 1

CHEETHAM,in the State o f Washington, on or about during the period

between the l st day of April. 2000 and the 2nd day of February. 2002. did unlawfully and feloniously for the purpose ofarousing or gratifying the sexual desire of any person, knowingly view,

12
13

photograph, or film another person without that perron'r knowledge and consent, while that perran bei y viewed, photographed, or filmed is in a place where that person would have a reasonable
expectation of privacy. contrary to RCW 9A.44.1 15, and against the pcace and dignity of the State o f

Is l6

1 1
11

Washington.

COUNT VI l l
And 1, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN

18
19

1)

CHEETHAM of the crime of VOYEURISM, a crime o f the same or similar character, andlor a crime

based on the same conduct or on a series of acts conneeled together or constituting pans of a single
scheme or plan, and/or so closely, connected in respect to time, place and occasion that it would be
difficult to separate proof o f one charge from proof o f the others, committed as follows:

22

1
1

That KEVIN CHEETHAM, in the State of Washington, on or about during the period
between the l st day of April. 2000 and the 2nd day of February, 2002. did unlawlully and feloniously
for the purpose of arousing or gratifying the sexual desire of any person, knowingly view,

23
24

I1

photograph, or film another person without that person's knowledge and consent, while that person

25

1 expecration

being viewed, photographed, or filmed is in a place where that person would have a reasonable
o f privacy, contrary to PCW 9A.44. I 1 3, and against the peace and dignity o f the State of

Washington.
COUNT I X AMENDED INFORMATION - 4
Office of Prosecuring Atiorney 930 Twoma Avenue Sou~h.R o a n 946 Tacoma, Wash~ng~an 98402.2 I f I Main Office: (253) 798-7400

And 1, GERALD A.

HORNE,Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime of VOYEURISM, a crime of the same or similar character, and/or a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single
scheme or plan, andor so closely connected in respect to time, place and occasion that it would be

difficult to separate proof of one charge from proof of the others, committed as t'ollows:
That KEVIN CHEETHAM, in the State of Washington, on or about during the period
between the I st day of April, 2000 and the 2nd

day of February, 2002,did unlawfully and feloniously

that person

for the purpose of arousing or gratifying the sexual desire ofm y person, knowingly view,

photograph, or film another person without that person's knowledge and consent, while
expectation o f privacy, contrary toBCW 9A,44,1

being viewed, photographed, or filmed is in a pjace where that person would have a reasonable

u, and against the peace and dignity of the State of

Washington.
COWT X
And I, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime of VOYEURISM,a crime ofthe same or similar character, and/or a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single

scheme or plan, andlor so closely conneclcd in respect to time, place and occasion that it would be

dimcult to separate proof of one charge from proof of the others, committed as follows:
That KEVIN CHEETHAM, in the State o f Washington, on or about during the period
between the 1st day o f April, 2000 and the

2nd day o f February, 2002, did unlawfully and feloniously

for the purpose of arousing or gratifying the sexual desire of any person, knowingly view,

photograph, or fi t another person without that person's knowledge and consent, while that person m
bcing viewed, photographed, or Filmed is in a place where that person would have a reasonable
expectation of privacy, contrary toRCW 9A,44,115, and against the peace and dignity of the State of

Washington.
,

COUNTXI

And 1, GERALD A.

HORNE,Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM o f the crime of VOYEURISM, a crime of the same or similar character, and/or a crime
based on the same conduct o on a series of acts connected together or constiruling parts of a single r

AMENDED INFORMATION - 5
Office of Pmstcu~ing Allorncy 930 Tacoma Avenue Swth, Room 946
Tacoma. Warhinglon 98402-23 71 Main Oifict. 1233) 798-7400

scheme or plan, and/or so closely connected in respect ta time, place and occasion that it would be
difficull lo separate proof of one charge from proof of the others, cornmined as follows:

That KEVIN CHEETHAM. in the State of Washinglon, during the period between the I st
day of April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously for the purpose
of arousing or gratifying the sexual desire of any peaon, knowingly view, photogmph, or film

another person without that person's knowledge and consent, while that person being viewed,

phorographed,or filmed is in a place where that person wduld have a reasonable expectation of
privacy, contrary to RCW 9A.44.1 15, and against the pcace and dignity

of the State of Washington.

COUNT XI1
And I, GERALD A.

HORNE,Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime of VOYEURISM, a crime of the same or similar character, andlor a crime
based on the same conduct or on a series of acts connected together or constituting pans of a single
scheme or plan, andlor so closely connected in rcspect to time, place and occasion that it would be

dimcult to separate proof of one charge from proof of the others, committed as follows:

Thar KEVIN CHEETHAM, in the State of Washington, during the period between the 1 st

day of April, 2000 and the 2nd day of February. 2002, did unlrwlully and feloniovrly lot the purpose
of arousing or gratifying the sexual desire of any person, knowingly view, photograph, or film
another person without that person's knowledge and consent, while lhat person being viewed, photographed, or tilmed is in a place where that person would have a reasonable expectation of
privacy, contrary to RCW 9A.44.1 15, and against thc peace and dignity of the State of Washington.

COUNT XI11
And

I , GERALD A. HORNE,Pr~secuting Attorney aforesaid, do accuse KEVIN

CHEETHAM of the crime of VOYEURISM, a crime of the same or similar character, andlor a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single
scheme or plan. andor so closely connected in respect to time, place and occasion that it would be

dificult to separate proof of one charge from proof o f the others, cornmined as follows:
That KEVIN

CHEETHAM,in the State of Washington, during the period between the 1st

day of April, 2000 and the 2nd day of February, 2002, did unlawfully and feloniously for the of arousing or gratifying the sexual desire of any person, knowingly view, photograph, or film
another person without that person's knowledge and consent, while that person being viewed,

AMENDED INFORMATION - 6
Oificc of Prosecuting Auorney 930 Tacoma Avenue South. Room 946 Tacoma. Warhington 98402-2 17 1 Main Office: 1 2 5 3 ) 798.7400

(I

photographed, or filmed is in a place where that person would have a reasonable expectalion of
privacy, contrary to R C W 9A.44.113, and against the peace and dignity of the State o f Washington.

'COUNT XlV
And I, GERALD A , HORNE,Prosecuting Attorney aforesaid, do accuse KEVIN

(1 I
I

CHEETHAM of he crime of VOYEURISM, a crimc o f the same or similar character, and/or a crime
based on the same conduct or on a rsrisr ofacts connected together or constituting pans of a single
scheme or plan, andor so closely connected in respect to lime, place and occasion that i t would be

diflicult to separate proof ofone charge fmm proof of the others, committed as follows:
That KEVIN CHEETHAM, in the Stale of Washington, during the period between the I st

I1

)I of ) 1 II

day of April. 2000 and t h i 2nd day of February. 2002, did unlawfully and feloni~urly the purpose for
amusing or gratifying the E C X U desire of any person, knowingly view, photograph, or film ~~
analher person without that person's krowlcdge and conwnt, while that person being viewed,

photographed, or filmed is in a place where that person would have a rtsronable expectation of privacy, contrary to RCW 9A.44.1 15, and against the peace and digniry oithe State of Washington.

COUNT X V
And 1, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse K E V I N

CHEETHAM o f the crime o f VOYEURISM, a crime of the same or similar character, andlor a crime
based on the same conduct or on a series of acts connected together or constituting parts of a single

I/

sshrmc or plan, andor so closely connected in respect to time, place and occasion that i~would be

HI(
I
1

dimcu tt to separate proof of one charge from proof of the others, committed as fol tows:

That KEVIN CHEETHAM, in the State of Washington, during the period between the 1 st
day of April. 2000 and the 2nd day of February, 2002, did unlswfully and feloniously for the purpose

of amusing or gratifying the sexual desire of any person, knowingly view, photograph, or film
another person without thsl perroo's knowledge and sonsenc, while that person being viewed,

photographed, or filmed is in a place where that person would have a reasonable expectation o f privacy, contrary to RCW 9A.44.1 1 5 , and against the peace and dignity of the State of Washington.

COUNT XVI

I/

And I, GERALD A. HORNE, Prosecuting Attorney aforesaid, do accuse KEVIN

CHEETHAM o f the crime of VOYEURISM,a crimeofthe same or similar character, mdhr a crime
based on the same conduct or on a series o f acts connected together or consrituting parts of a single

1I

AMENDED INFORMATION - 7
Office of Prorccut~ngAttorney 930 Tacoma Avenue South, Room 946 Tacoma. Washington 98402-21 7 1 Main Office: (253) 798-7400

scheme or plan, andlor so closely connected in respect to lime, place and occasion that it would be

difficult to separate proof of one charge from proof of the others, committed as follows:

That KEVIN CHEETHAM, in the Slate of Washington, during the period between the I st
day of April, 2000 and the 2nd day o f February, 2002, did unlawfully and feloniously for the purpose

of arousing or gratifying the sexual desire of any person, knowingly view, photograph, or film
nnother person without that pcrson's knowledge and consent, while thet person being viewed, photographed, or filmed i s in a place where that person would have a reasonable expectation of

privacy, contrary to 2 -,

and against the peace and dignity of the State of Washington.

DATED this 25th day of July, 2002.

'I'ACOMA POLlCE DEPT CASE W ,402703

GERALD A. HORNE Prosecuting Attorney in and for said County

and State.

By:

! ?
Deputy Prosecuting Attorney WSB#: 25570

AMENDED INFORMATION - 8
Office aT Prosecuting A~korney 930 Tacoma Avenuc South. R w m 946 Tacoma. Wash~ngion98402-2 I 7 1 Main Office: 1253) 798-7400

NO.

SUPPLEMENTAL DECIARATION FOR DETERMINATION

1 1!STATE OF WASHINGTON 1 County of Pierce

1

OF PROBABLE CAUSE
)

1 ss
1

GRANT BLINN, being f i r s t duly sworn

on oath, deposes and says:

That t h e Affidavit/Declaration f o r Determination of Probable

Cause dated April 2 4 , 2002, is by reference incorporated herein;

!i
1

That I am a deputy prosecuting attorney f o r Pierce County and I

l a m familiar w i t h the police report and/or investigation conducted by

!
I

I!

Ithe Tacoma Police Department, case number 02-033-1076;

i
j

That t h e police report and/or investigation provided me with t h e information:

T h a t in Pierce County, Washington, on or about the period between t h e 1st day of April, 2000 and t h e 2nd day of February, 2002. the 'defendant, Kevin Cheetharn, d i d commit 18 separate acts of voyeurism. I Thevideotapesseiredfromthedefendant1sresidencehavebeen fully reviewed. The tapes were generated from a camera in t h e and bedrooms of the defendant's residence, a n d t h e tapes show 16 separate instances where females are i n t h e shower or exiting t h e shower. In t h e defendant's statement to detectives, he indicated s e t up the cameras to capture t h e shower area.

SUPPLEMENTAL DECUFATION FOR DETERMINATION OF PROBABLE CAUSE - 1

Office or Prosecu~~ng Attorney 330 Tacoma Avtnur Sourfr. H m m 936 Tacoma. Washington 9E401.2171 Main Office, (15.3) 7y8-7400

!
t

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE

DATED: PLACE:

December 3 , 2002. TACOMA, WASHINGTON

GRANT

BLINN, WSB# 25570

1
1
Office of Prosecuting Attorney 930 Tacoma Autnue South. Ruom 9.16 Tacoma. Washingron 98401-2 L 7 1
Main Office: (253) 798-7400
! I

NO.

02

01945

DECLARATION FOR DETERMINATION

w81d#&18il/gg
APR 2 4 2002 P

OF PROBABLE CAUSE

1
I

Curt O'Connor, decjares under pnalty of perjury:

That I am a deputy prosecuting attorney for Pierce County and 1 am familiar with the police report
andlor investigation conducted by the Tacoma Police Department, case number 02-033-1 076;

1
:

That the police report andor investigation provided me the following information:
That in Pierce County, Washington, during the period of time between the 2nd day of February, 2001 and the 2nd day af February, 2002, the defendant, Kevin Cheetham, did commit the crimes of Voyeurism
(6 counts).

On February 2,2002, victim E. T.rcported that he and his wife C.T. were staying at the Cheetham residence located at 6414 Swth M Street in Tacoma, Washington, with the defendant, his wife. and he defendant's two children, T C., 1yoa) and A. C.(1 6 yoa). Two linrelated teenage girls, B.A. and S. J. . (1 were also staying at the residence.

E.T. reported that he had been staying with the Cheethams' for the past four months. B.A. and SJ. reporfedthat they had been living wirh the Cheetharns' for over a year.
E.T. statcd that he was lying in bed with a, sinus headache when he looked u p and noriced that the light on the smoke detector was not blinking. He tested the smoke detector by pushing the test button and did not get a tone. E.T. pulled the cover and located a pinhole camera. E.T. checked another smoke detector in the upstairs common bathroom and located an additional pinhole camera. E.T. also located a pinhole camera in the desk of B.A's mom. The cameras were hooked up to a wireless video receiver located in the defendant's office. E.T, found several VHS cassette tapes and super 8 video cassettes. E.T. viewed some af the tapes which showed the residents of the Cheetham house using the common upstairs bathroom. The tapes also showed images of E.T.and his wife in their bedroom and other residents in B.A.'s bedroom.
Detectives confiscated the rapes and viewed them. The tapes show various residents of the Cheetham house using the upstairs bathroom showering, using the toilet, and performing other personal grooming tasks. The videos of the E T ' bedmom show E.T. and his wife being intimare. Orher videos show various ..s residents fully or partially clothed.

DECLARATION FOK DETERMINATION OF PROBABLE CAUSE - 1

Office of Prosecuting Allofncy

930 Tacoma Avenuc South, Room

Tacoma. Washington 98402-217 1

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M a i n Office: (253) 798-7400

The defendant admitted to installing the three m icro-cameras in the house. He stated that he paid $250.00 each for the cameras which he ordered off the Internet. The defendant stated that he set up the cameras for his personal use and was somewhat aroused while watching b e tapes. The defendant claims that he did not sell or trade the tapes with anyone.

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The defendant said that he is an elder in the Mormon church and that his Bishop was aware of the situation. The defendant stated that he was ready to repent and is relieved that this situation is out in rhe
open.
1 DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.

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DATED: April 24,2002. PLACE: TACOMA, WASHINGTON

DECLARATlON FOR DETERMINATION OF PROBABLE CAUSE 2

Officc of Prvsecuring Altorney Y Y I T w m n Avemyt El** RMI. W Tacoma. Washingion 98402-21 7 1 b i n Office: (253) 798-7400

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