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IN THE LOWER KITTITAS COUNTY DISTRICT COURT
OF THE STATE OF WASHINGTON

STATE OF WASHINGTON,Plaintiff,vs._____________ Defendant. | No. _____________ STATE’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS |
The State of Washington, represented by Deputy Prosecutor Tony Swartz, submits the following response to defendant’s motion to dismiss filed on May 1, 2013.
For the reasons stated below, defendant’s motion should be denied.
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PROCEDURAL HISTORY On March 29, 2013, Honorable Judge _____________ presided over this case with defendant, defense counsel _____________, and plaintiff counsel Tony Swartz for the State of Washington. Defendant was charged with DUI and Reckless Driving. A venire consisted of 29 potential jurors. Questioning by court and counsel occurred between 10:45am and 12:11pm. The court asked the venire, “Have any of you had a personal experience with a similar related type of case or incident as an accused, as a witness, anything like that?” Transcript p2, l6 – 8. In response to jurors with raised hands, the court said, “We have juror 19, 7, 26, 14, anyone else?” Finally, the court asked, “Any of you believe that that might impair your ability to fairly hear the case?” In response, the court said, “14, it might? Okay. And 19? 14 and 19 indicated it might impair their ability to fairly hear the case.” Transcript p2, l8 – 10. Jurors 19, 7, 26, and 14 were ultimately all removed from the panel before the selection process.
A 6-person jury was selected at 12:18pm, including juror 8, Mr. _____________. The jury trial began at 2:08pm. The trial did not complete on March 29, 2013; a second day of trial was scheduled for April 5, 2013.
On April 1, 2013, the court held a hearing with counsel _____________ via phone and counsel Tony Swartz present in the courtroom. In essence, the court advised the parties 1) the court clerk found juror 8,