SPOKANE, Wash – It was supposed to be a basic pre-trial hearing Friday, but the judge’s demeanor quickly indicated things were not moving smoothly towards the upcoming release of notorious Spokane rapist Kevin Coe.
Coe, known as the ‘South Hill Rapist’ for attacks on women in the 1970s and 1980s, has spent the last 17 years at the Special Commitment Center on McNeil Island.
Before that, he served 25 years in prison.
Coe, now 78, has asked for his release and wants to move into an adult care facility in Spanaway, Washington. A trial on the matter is set to start October 2 in Spokane.
An expert for the State of Washington evaluated Coe and said he no longer meets the criteria as a sexually violent predator.
The state plans to dismiss its petition to keep him at the SCC, but until that dismissal is granted, the trial is scheduled to proceed on October 2.
Judge Julie McKay expressed frustration at a pre-trial hearing Friday morning that attorneys for both parties know the petition will be dismissed but have not filed any paperwork.
“I can’t make you file a motion, but I need something, so I don’t summon 105 jurors in,” Judge McKay told Assistant Attorney General Rebecca Kopp. “I would have anticipated the State of Washington would have done something before this date.”
Judge McKay also questioned why Coe’s attorneys did not file a motion for summary judgement that could also negate the need for the upcoming trial.
Until the judge rules on either motion, the trial would proceed. Judge McKay, though, expressed concern about being able to summon a jury pool that large on such short notice.
Voices of the Victims
Also at issue is what role Coe’s victims would play at the expected dismissal hearing.
State law allows for victims’ voices to be heard at critical stages in the civil commitment process.
The Attorney General’s Office says seven women want to speak in court and several others plan to submit written statements.
“I believe this is a critical stage,” Kopp said. “These victims have been part of this case for their entire lives. This is a hearing that has a huge impact on their well-being, on their safety.”
Judge McKay, however, questioned whether the oral statements are appropriate when those statements will have no bearing on the outcome.
That’s because if the state acknowledges it doesn’t meet the burden of proof to hold Coe, the court has no choice but to release him.
“This is a very specific statutory structure and the state has no choice, therefor the court has no choice [but to dismiss],” Judge McKay said. “I have zero discretion.”
Judge McKay ended the hearing by asking the state to gather a list of written statements from victims and others impacted by Coe’s crimes.
She also asked the state to make a list of who would like to speak at the hearing, although she did not determine yet if the state statue allows for them to do so.
Coe’s attorneys expressed concern over the case not being resolved by October 2.
That’s because they’ve secured housing for Coe at the care facility in Spanaway. If the case is delayed, attorneys say they’ll lose that bed and will have to start the process of finding him a place to live all over again.
As of Friday afternoon, the trial to determine if Coe should be released is still set for October 2.
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