State appeals court overturns conviction of cop killer's sister
OLYMPIA, Wash. - The state Court of Appeals has overturned the conviction of Latanya Clemmons, the sister of cop killer Maurice Clemmons, who was earlier found guilty for her role in hiding Clemmons' getaway driver after the 2009 killings of four Lakewood police officers.
Latanya Clemmons originally was convicted of rendering criminal assistance by concealing her boyfriend Darcus Allen in a motel and paying for the motel room after Allen drove Maurice Clemmons away from the scene of the deadly shootings.
But the appeals court said in its 2-1 ruling Friday that prosecutors "failed to prove that Latanya knew Allen was an accomplice to the murders Maurice committed."
"At most, the state proved that Latanya knew Allen rendered criminal assistance to Maurice by driving him away from the scene. Similarly, the state failed to prove that Latanya knew the police sought Allen for the murders," the ruling said. "The evidence showed that Latanya could have known only that the police sought Allen in connection with the crimes."
As a result of the decision, Latanya Clemmons' conviction was overturned.
Pierce County prosecutor Mark Lindquist issued a statement expressing disappointment in the ruling, and promised to appeal to the State Supreme Court.
He said he sees two major flaws in the court's decision -- first that prosecutors had to prove that LaTanya Clemmons had to know Allen was wanted not just for murder, but Aggravated First Degree murder, and second that jurors, not judges, should decide on credibility of witnesses.
"The majority (ruling judges), substituting their opinion for that of the jury, apparently accepts Allen's self-serving lies and LaTanya’s claims that she believed Allen, rather than respecting the jury's right to disbelieve both Allen and LaTanya," Lindquist wrote.
During the original trial, Latanya's defense attorney, Helen Whitener, had claimed Latanya had no idea that Allen was wanted as a suspect for driving Maurice Clemmons away from the Forza Coffee Shop in Lakewood, where he gunned down four officers in cold blood in November 2009.
Maurice Clemmons was later fatally shot during a confrontation with a Seattle police officer.
Latanya Clemmons was originally sentenced to five years in prison for her role in the aftermath of the killings. But her sentence was reduced for good behavior, and she was transferred from prison to a work release site on Capitol Hill in Seattle. She would have been freed next month even without the overturning of her conviction.
Three others also are serving time for their part in helping Maurice Clemmons evade police after the shootings.
Quiana Williams pleaded guilty to five counts of first-degree rendering criminal assistance. She picked up Maurice Clemmons in Seattle after the shooting, took him to her home, helped him bandage wounds he received in the shootings, allowed him to do laundry and lent him her phone before driving him to another part of Seattle and dropping him off.
Letrecia Nelson, Maurice Clemmons' aunt, was accused of treating his wounds, providing him a safe place to stay for a while, then lying to police.
Allen, Maurice Clemmons' getaway driver, is currently serving a 420-year prison sentence.
Latanya Clemmons originally was convicted of rendering criminal assistance by concealing her boyfriend Darcus Allen in a motel and paying for the motel room after Allen drove Maurice Clemmons away from the scene of the deadly shootings.
But the appeals court said in its 2-1 ruling Friday that prosecutors "failed to prove that Latanya knew Allen was an accomplice to the murders Maurice committed."
"At most, the state proved that Latanya knew Allen rendered criminal assistance to Maurice by driving him away from the scene. Similarly, the state failed to prove that Latanya knew the police sought Allen for the murders," the ruling said. "The evidence showed that Latanya could have known only that the police sought Allen in connection with the crimes."
As a result of the decision, Latanya Clemmons' conviction was overturned.
Pierce County prosecutor Mark Lindquist issued a statement expressing disappointment in the ruling, and promised to appeal to the State Supreme Court.
He said he sees two major flaws in the court's decision -- first that prosecutors had to prove that LaTanya Clemmons had to know Allen was wanted not just for murder, but Aggravated First Degree murder, and second that jurors, not judges, should decide on credibility of witnesses.
"The majority (ruling judges), substituting their opinion for that of the jury, apparently accepts Allen's self-serving lies and LaTanya’s claims that she believed Allen, rather than respecting the jury's right to disbelieve both Allen and LaTanya," Lindquist wrote.
During the original trial, Latanya's defense attorney, Helen Whitener, had claimed Latanya had no idea that Allen was wanted as a suspect for driving Maurice Clemmons away from the Forza Coffee Shop in Lakewood, where he gunned down four officers in cold blood in November 2009.
Maurice Clemmons was later fatally shot during a confrontation with a Seattle police officer.
Latanya Clemmons was originally sentenced to five years in prison for her role in the aftermath of the killings. But her sentence was reduced for good behavior, and she was transferred from prison to a work release site on Capitol Hill in Seattle. She would have been freed next month even without the overturning of her conviction.
Three others also are serving time for their part in helping Maurice Clemmons evade police after the shootings.
Quiana Williams pleaded guilty to five counts of first-degree rendering criminal assistance. She picked up Maurice Clemmons in Seattle after the shooting, took him to her home, helped him bandage wounds he received in the shootings, allowed him to do laundry and lent him her phone before driving him to another part of Seattle and dropping him off.
Letrecia Nelson, Maurice Clemmons' aunt, was accused of treating his wounds, providing him a safe place to stay for a while, then lying to police.
Allen, Maurice Clemmons' getaway driver, is currently serving a 420-year prison sentence.
