State Of Washington v. Anthony Parks
363 P.3d 599
Wash. Ct. App.2015Background
- Anthony Parks was charged with first-degree rape after J.M. reported being raped on March 26, 2007; she identified Parks and described forcible intercourse, threats, a knife held to her throat, and theft of money and condoms.
- Emergency-room and treating physician testimony documented bruising, vaginal debris, tenderness, and injuries the doctor said were "consistent with forcible intercourse."
- Before voir dire, the trial court swore in the venire and distributed questionnaires in the jury assembly room (because the courtroom could not hold the panel); the record does not show whether the room was closed to the public; Parks agreed to the process.
- The trial court gave a lesser-included-offense instruction for second-degree rape over Parks’ objection; the jury acquitted on first-degree rape and convicted on second-degree rape.
- Parks appealed arguing (1) his Sixth Amendment and state public-trial rights were violated by swearing the venire outside open court, and (2) the evidence did not support instructing on second-degree rape (raised in his SAG and consolidated PRP).
Issues
| Issue | Parks’ Argument | State’s Argument | Held |
|---|---|---|---|
| Whether swearing in the venire in the jury assembly room violated the right to a public trial | The swearing-in was effectively a courtroom closure of jury selection and the court failed to perform a Bone-Club analysis | No demonstrable closure occurred; even if it did, swearing-in of a venire is an administrative step that does not implicate the public-trial right under experience-and-logic | No public-trial violation: Parks did not show a closure, and swearing in the venire does not satisfy experience-and-logic to trigger the right |
| Whether the court erred by instructing the jury on second-degree rape as a lesser-included offense of first-degree rape | The testimony did not provide affirmative evidence that only the lesser offense occurred (i.e., no proof the deadly-weapon element was absent) | Medical and other evidence (bruising, genital injuries, doctor’s opinion of forcible intercourse) supplied affirmative proof supporting the lesser-included instruction | Instruction proper: evidence, viewed favorably to the State, sufficiently supported an inference the lesser crime occurred; conviction affirmed |
Key Cases Cited
- Bone-Club v. State, 128 Wn.2d 254 (discusses standards for courtroom closure)
- Jasper v. State, 174 Wn.2d 96 (record silence cannot be presumed to show prejudicial facts)
- Brown v. State, 127 Wn.2d 749 (lesser-included instruction requires affirmative evidence that only lesser crime occurred)
- Workman v. State, 90 Wn.2d 443 (two-prong test for lesser-included instructions)
- Fernandez-Medina v. State, 141 Wn.2d 448 (factual prong evaluated by viewing evidence most favorably to the party requesting instruction)