nformation Page 1 of 2 Snohomish County Prosecuting Attorney
State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot
PA #11F04139 Updated 11/3/09 SAU/LDP/lmp
SUPEROR COURT OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. NFORMATON MAZALC, MARY ELZABETH
Defendant.
Aliases:
Other co-defendants in this case:
Comes now MARK K. ROE, Prosecuting Attorney for the County of Snohomish, State of Washington, and by this, his nformation, in the name and by the authority of the State of Washington, charges and accuses the above-named defendant(s) with the following crime(s) committed in the State of Washington:
COUNT : ASSAULT OF A CHLD N THE FRST DEGREE, committed as follows: That the defendant, on or about the 1 st day of August, 2011 through the 15 th day of August, 2011, then being a person of eighteen years age or older, did intentionally assault N.A. (DOB: 11/17/00), a child who at the time of the assault was under the age of thirteen years, and did cause substantial bodily harm, the defendant having previously engaged in a pattern or practice of either assaulting the child which had resulted in bodily harm that was greater than transient physical pain or minor temporary marks, or causing the child physical pain or agony that was equivalent to that produced by torture proscribed by RCW 9A.36.120, a felony; and the crime was aggravated by the following circumstance: the defendant's conduct during the commission of the crime manifested deliberate cruelty to the victim, as provided by RCW 9.94A.535(3)(a); and the crime was aggravated by the following circumstance: the defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the crime, as provided by RCW 9.94A.535(3)(n); and the crime was aggravated by the following circumstance: the defendant knew and should have known that the victim was particularly vulnerable and incapable of resistance, as provided by RCW 9.94A.535(3)(b).
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nformation Page 2 of 2 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 11/3/09 SAU/LDP/lmp COUNT : CRMNAL MSTREATMENT N THE FRST DEGREE, committed as follows: That the defendant, on or about the 7th day of September, 2010 through the 15 th day of August, 2011, being at the time the person entrusted with the physical custody of N.A. (DOB: 11/17/00), a child or dependent person did recklessly cause great bodily harm to that child or dependent person, by withholding any of the basic necessities of life; proscribed by RCW 9A.42.020, a felony.
MARK K. ROE PROSECUTNG ATTORNEY
__________________________________ LSA D. PAUL, #16064 Deputy Prosecuting Attorney
DATED this _____ day of September, 2011 at the Snohomish County Prosecuting Attorney's Office.
************************************************************************************************************************ Address: 4808 103RD PL SW MUKLTEO WA 98275 HT: 506 DOB: 02/26/1977 SD: WA WT: 180 SEX: F FB: 655107AB5 EYES: Brown RACE: White DOC: HAR: Brown DOL: MAZALME239C6 DOL STATE: WA ORGNATNG AGENCY: MUKLTEO POLCE DEPARTMENT AGENCY CASE#: 1101493 ************************************************************************************************************************ Affidavit of Probable Cause Page 1 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp
SUPEROR COURT OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. AFFDAVT OF PROBABLE CAUSE MAZALC, MARY ELZABETH
Defendant.
Aliases:
Other co-defendants in this case:
AFFDAVT BY CERTFCATON:
The undersigned certifies that am a Deputy Prosecuting Attorney for Snohomish County, Washington, and make this affidavit in that capacity; that criminal charges have been filed against the above-named defendant in this cause, and that believe probable cause exists for the arrest of the defendant on the charges because of the following facts and circumstances: The following information is taken from police reports and witness statements submitted by the Mukilteo Police Department.
Between September 7, 2010 and August 15, 2011, the defendant Mary Elizabeth Mazalic (DOB 2/26/77) repeatedly and brutally beat, starved, burned, threatened, humiliated, and abused a 10-year-old girl N.A. (DOB 11/17/2000), causing a multitude of injuries, and potentially life-threatening conditions.
n 2008, N.A. was adopted in New York by Genevieve A. N.A. is developmentally delayed and may suffer from Fetal Alcohol Syndrome (FAS). Ms. A's son Derron lives in Mukilteo, and the defendant is his girlfriend. About a year ago Ms. A. and the defendant entered an arrangement whereby N.A. lived with the defendant and Derron in Mukilteo, Washington, and the defendant got money from Ms. A. for taking care of N.A. N.A. attended grade school during the 2010-2011 academic year. The school was not told that N.A. had completed the 4 th grade in New York, so she was placed in the 4 th
Affidavit of Probable Cause Page 2 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp grade at the Mukilteo school. The school was not told that N.A. had been in special education at her previous school, but it soon became apparent that she needed special education, and she was placed in that program.
On August 15, 2011, the defendant went shopping for clothes prior to going on a cruise. She went to a store in Mukilteo to shop for a swimming suit, and took N.A. with her. Two women who worked at the store noticed that N.A. look emaciated, and was trembling. Her face was sunken, and she did not appear to have any muscle on her body. One clerk noticed that N.A. was shaking the entire time she was in the store, and that N.A. followed the defendant around "like a puppy. They noticed that N.A. had a fresh-looking gash on one of her wrists. The two clerks engaged the defendant in conversation, learning that she was going on a cruise, but that N.A. was not allowed to go. The defendant told the clerks that N.A. was a "bad kid. She belittled N.A. in front of the clerks. She said that N.A. was suspended from school for being a "Klepto (a later check with the school determined that this was not true).
After the defendant left, one of the clerks called Child Protective Services to report her concerns. CPS and law enforcement began investigating, and took N.A. into protective custody. The next day the defendant called the store back, and angrily confronted one of the clerk witnesses about contacting CPS. As a result, this clerk has requested that her address not be released to the defendant, out of fear of retaliation.
When police went to the defendant's home on August 15 th , she claimed that N.A. was well fed and treated well. The defendant and Derron A. both appeared well-fed, as did their dog, which appeared to officers to be significantly overweight. She claimed that she and Derron A. adopted N.A. in New York. The adoption papers do not corroborate this claim. When police first talked to N.A. at the defendant's home she also said she was fed and treated well in the home. Nonetheless, due to her condition, N.A. was taken into protective custody and transported to a hospital.
On August 16, 2011, police served a search warrant on the defendant's home. They noticed that N.A.'s bed had no sheets on it, only one blanket and some pillows. The room smelled heavily of urine. Police found a health form from the New York Department of Health for N.A. She had been seen March 3, 2010, and her weight was listed as 48.9 pounds. When she was taken from the defendant's home more than a year later, she weighed just two pounds more than that.
N.A. was admitted to the hospital, where she stayed almost two weeks. She gained roughly 13 pounds during that time. CPS reports that since being removed from the defendant's home, N.A. has gained approximately 20 pounds.
During the early portion of her stay, medical reports indicate that N.A. constantly sought food. Her appetite was described as "voracious. She remained focused on food her entire hospital stay. When told she could have anything she wanted, she said she really Affidavit of Probable Cause Page 3 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp wanted a "Big Mac. She said she had watched her mom (the defendant) eat them, but had not been allowed one herself. When told she could have a Big Mac, N.A. said "No, don't spend any money. f you do, please write my mom a note so don't get in trouble. At one point a nurse gave N.A. some lotion to put on her skin and N.A. said "Please write down what you give me. My mom gets mad so need you to write it down.
Nursing notes indicate that N.A. had a flat affect, expressed fear of the defendant, and was tremulous and weak. When asked about smoking in the household, she said she would rather not say. She was apprehensive talking about her home in Mukilteo, or her parental situation. N.A. told the nurse her back was sore, and walked in a hunched over position. Her lower back was swollen. She had multiple linear scars on her chest, dry, scaly skin, and lesions, ecchymosis and abrasions throughout her body, and ulcerations on her ankle, feet, and wrist.
During the first week after her rescue, N.A.'s abdomen became distended and swollen. She had increased liver enzymes, which may indicate liver damage or inflammation. Her re-feeding had to be scaled back to allow her condition to improve.
N.A. was diagnosed with pyelonephritis, an ascending urinary tract infection that had reached the kidney. At the hospital she received antibiotics to treat the condition. Dr. Villavicencio told police that if the infection went untreated it was possible the body could deal with it itself, but a very significant percentage of the time that is not the case. The infection can get into the body's blood stream and ultimately cause sepsis, which could lead to kidney failure and death. When asked about the risks of malnutrition, the doctor said if it continued, it could be death, and that in the short term it could lead to neurologic damage, kidney damage, and organ dysfunction.
N.A. had lesions on her wrist, and the tops of both her feet. Dr. Villavicencio told police that these lesions appeared consistent with cigarette burns. The lesions resolved over the first few days in the hospital.
N.A. had "whip cord type injuries on her abdomen and chest, consistent with someone utilizing a looped cord to strike N.A. N.A.'s buttocks were white and scaly. Dr. Villavicencio told police this was consistent with sitting in urine. Police during the search of the defendant's home did find a package of diapers in the home.
Dr. Kenneth Feldman from Seattle Children's Hospital was consulted on this case. With regard to N.A.'s condition he opined:
t is clear that her fall off in weight growth to the point of being significantly malnourished is the result of food deprivation, not FAS. Her initial urine specific gravity and BUN also make it likely that she experienced water deprivation. At least some of her truncal lesions are specific for abusive beatings. Her eating Affidavit of Probable Cause Page 4 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp pattern and growth subsequent to hospitalization affirmed that even if she had fetal alcohol syndrome or affect, these are not the cause of her malnutrition, since, when she was provided with food she has rapidly gained weight.
Police contacted N.A.'s school and learned that, despite the defendant's claims, N.A. had never been suspended. School records for N.A. for the year 2010 showed that in the first trimester (there are roughly 60 days per trimester) she was absent 5 days, during the second trimester she was absent 12 days, and during the third trimester she was absent 19 days. N.A. got in trouble for stealing food from another student. School records show that the defendant wanted her to be suspended. When the school did not take that action, the defendant kept N.A. at home for her own "suspension. Emails the school had from the defendant showed that she asked that N.A. be placed on "escort status and be watched so she would not be tempted to steal from other students' lunches.
After she was released from the hospital, N.A. was interviewed by a child interview specialist. She initially claimed that she had been well fed and cared for in the defendant's home. She said, however, that she had not been to see a doctor the entire time she had been in Washington. After the interview, the CPS worker Jen Brady was giving N.A. a ride to her foster home. Ms. Brady asked N.A. about her absences from school. N.A. said " don't deserve to go to school. When Ms. Brady told N.A. that she could tell her anything, and would be there if she wanted to talk in the future, N.A. said "f talk to you my brothers will be taken away and separated. Ms. Brady asked if someone had told her that and N.A. said "Yes.
N.A. was placed in a temporary foster home. She began to tell her foster mother some of what had happened when she lived in the defendant's home. N.A. disclosed that she had often been forced to a go a couple of days without eating or only eating one meal. She said the defendant would sometimes put soap in her food. She said that the defendant beat her with an extension cord, a belt and a wire hanger. She said that sometimes the defendant would beat her, then take a break to rest up, and then resume the beating. N.A. told her foster mother that the defendant had held a knife to her throat on one occasion. She said the defendant made her sleep in a tent and in a bathtub. She said he back hurt from being beaten by the defendant. She said the beatings happened when Derron was at work.
N.A. wanted to talk to Ms. Brady as well, so the two talked again. N.A. said that the day she talked to the interview specialist she was too scared to tell her what happened. N.A. disclosed that the defendant had burned her on the bottom with a cigarette. N.A. did have a scar on her buttocks consistent with a healed cigarette burn. N.A. described that the defendant used an orange extension cord, a brown extension cord, a black belt, and a piece of wire about the thickness of a pencil which had "red things on the end of it, to beat N.A. all over her body. N.A. said she had to take off her clothes when beaten, and that the beatings usually took place in the basement or garage. N.A. said the Affidavit of Probable Cause Page 5 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp defendant would put a squeeze ball or a sock in N.A.'s mouth to keep her from screaming. She said the marks on her side under her arm were from being beaten with an extension cord. She described the cord as being "looped in the defendant's hand. She said that her most recent beating came the day before they went shopping for a swimming suit.
N.A. said the defendant put things on the whipping injuries to make them last longer, and told N.A. that she wanted the scars to show so that when she went to a "group home the other kids would know how bad she was. N.A. said that sometimes the defendant would beat her until the defendant needed to take a break, then after a rest would start beating N.A. again. N.A. said she would bite, kick and punch the defendant during the beatings to try to prevent it.
N.A. disclosed that once the defendant tried to drown her in the bathtub by holding her head under water. She said that the defendant threatened to kill her and dump her body in a lake. She said the defendant held a knife to her throat and "slid it a little bit across, then put her in the bathroom and told her not to come out while the defendant took a nap. N.A. said she was made to take cold showers and sleep in the bathtub in the basement regularly. She said that about ten times she had to sleep in a tent in the backyard and sometimes she was not given any blankets or pillows to sleep with, and the doors to the house would be locked.
N.A. said that she was made to wear diapers. She said this happened because she had peed on the carpet and the defendant had to replace it. (When police searched the defendant's home they found a letter which appeared to be from the defendant to N.A.'s adoptive mom. The letter describes how N.A. peed on the carpet, and the defendant needed to replace it, and requested money from the adopted mom). N.A. said one time the defendant made her wear a soiled diaper on her head and took a picture of N.A. to humiliate her.
N.A. said she would often go an entire day without food. f she told the defendant she was hungry the defendant would say "Too bad and would eat in front of her. N.A. said she would get to eat dinner if company came over. Other times she would be fed only nuts while the defendant and Derron ate full meals in front of her. She said that sometimes the defendant would give her food but would put soap in it and make N.A. eat it. She said she would have to eat "jail food, which was oatmeal. f she lied about something the defendant made her gargle and swallow full mouths of dish soap and shampoo. N.A. said that the defendant would listen to her phone calls to Genevieve in New York so that N.A. would not report what was happening to her in the defendant's home.
N.A. disclosed that the defendant used to talk about "oxy something all the time. She said it was a really long word. She said the defendant and her friends went to buy Affidavit of Probable Cause Page 6 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp "dope and it was "that oxy stuff. When asked how N.A. knew this, she said that they took her with them. She said that the defendant acted "crazy when she took it. The defendant utilized a particular email address for communicating with N.A.'s school. Police Googled the email address and found postings from that email on a Topix site dedicated to Oxycontin, Roxicodone and Oxycodone. n one post the person stated that she had a bad epidural during childbirth and needed pain pills: " am looking for one good person to keep me pain free. No insurance to go find a doc that will give me a script. Messed up from a bad epidural during childbirth. Prefer PERC 30s will settle with OXY's if have to. Not a junkie don't smoke em or snort em. Will take OP's even. Find me at damit2allhell on AOL. Currently getting OXY's from ndia and shipping is too much of a hassle. Takes too long and when US Customs seizes it takes forever to get a reship. ONE CUSTOMER LOOKNG FOR ONE SELLER. HAVE FREE FLGHT BENEFTS AND WLL TRAVEL TO GET THEM SO LONG AS U MEET ME AT THE ARPORT SO DON'T HAVE TO RENT A CAR OR FND MY WAY AROUND UNFAMLAR TERRTORES! (All capitals in original).
The defendant has made many claims about N.A. which the police have determined are false, such as her claims that she is N.A.'s adoptive mother; that she is the foster mother for N.A.'s two younger siblings; that N.A. had been caught stealing at school more than once and almost got kicked out; that she had actually been kicked out of school for stealing; and that there was an incident with a little boy at the school and she was called to a district meeting for "a very strict warning that N.A. was about to be kicked out of the district.
After the police searched her home, the defendant told a neighbor that she had suffered a seizure and a stroke and had to walk with a walker. This neighbor saw the defendant a few days later at the store, and the defendant was not walking with a walker, and looked fine.
CPS reports from 2008 detail another child who had lived in the defendant's home, and who ran away. This boy ended up in Denney Juvenile Justice Center. He told CPS workers that he wanted to stay in custody rather than return to the defendant's home. He reported abuse at the hands of the defendant and her boyfriend. He said that he was made to eat only oatmeal. The defendant met with the CPS worker and admitted that she had made the boy sleep in a tent in the backyard for a week, and fed him "jail food, which included oatmeal.
An At Risk Youth petition was instituted on the boy. The family's therapist wrote: "t is clear that [the boy] is constantly put in a double bind situation. Mary, a (sic) borderline and mentally unstable, is a chronic liar and will lie and manipulate everything to suit her and her story for the day. The therapist stated that the defendant wanted complete control of the house even if it was to the detriment of the boy.
Affidavit of Probable Cause Page 7 of 7 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp The boy's probation officer echoed the therapist's concerns. The CPS worker characterized the defendant's home as a "very toxic environment. The recommendation was that the boy not be placed back in the home. The boy was recently contacted by CPS and reiterated the mistreatment he suffered in the defendant's home. Shortly afterwards, the defendant's attorney in the currently- pending dependency action produced a retraction letter from the boy.
The defendant is currently in the Snohomish County Jail. Bail was set in District Court at $500,000, and the defense argued for release at that time. The State asks that bail be maintained, and that the defendant be prohibited from having contact with N.A., or any other minor pending the outcome of this case.
The defendant is facing a minimum of 102-136 months in prison as a standard range, as well as any additional time which may be imposed if the charged aggravating circumstances are found. Her boyfriend works for an airline, and it appears she has liberal flight privileges. After a visit to N.A. in the hospital by Ms. A. and Darren, N.A. told Ms. Brady that someone had told her that if she talked, her brothers would be taken away and separated. The defendant has already called one witness to confront her about reporting the matter to CPS. CPS reports indicate instability on the defendant's part, and it appears she fabricates stories. To the State's knowledge the defendant is not employed.
certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
MARK K. ROE Prosecuting Attorney
_______________________________________ LSA D. PAUL, #16064 Deputy Prosecuting Attorney
DATED this 19 th day of September, 2011 at the Snohomish County Prosecuting Attorney's Office. State's Omnibus Application Page 1 of 1 Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 Updated 2/3/10 SAU/LDP/lmp
N THE SUPEROR COURT OF THE STATE OF WASHNGTON N AND FOR THE COUNTY OF SNOHOMSH
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. STATE'S OMNBUS APPLCATON MAZALC, MARY ELZABETH
Defendant. Comes now the undersigned Deputy Prosecuting Attorney and moves for production of the following materials and information. As to each request, the State further moves the defense supply any additional information coming into its possession after ruling on this application within 48 hours or before commencement of trial, whichever occurs sooner. 1. Names and addresses of all witnesses to be called by the defendant. 2. Written or recorded statements and summaries of oral statements of all said witnesses. 3. Names, qualifications and copies of reports of any expert witnesses, and summary of proposed testimony if no report is available. 4. Whether or not the defendant claims present incompetency to stand trial, insanity at the time of the offense, or intoxication at the time of the offense. 5. The general nature of the defense, including any claim of inability to form the intent to commit the crime charged, and the basis of such claim. 6. Whether or not the defendant will offer alibi as a defense; and if so, the testimony of each such witness. 7. Whether the defendant will stipulate to prior convictions, and if not, admission or denial of convictions and of presence of counsel or knowing waiver of same. 8. For a hearing pursuant to CrR 3.5. 9. Whether the defendant intends to offer any physical or documentary evidence and, if so, to allow the prosecutor to inspect that evidence. DATED this _____ day of September, 2011.
MARK K. ROE Prosecuting Attorney
______________________________ LSA D. PAUL, #16064 Deputy Prosecuting Attorney
Order on Release/Detention of Defendant Page 1 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp
SUPEROR COURT OF THE STATE OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. ORDER ON RELEASE/DETENTON OF DEFENDANT
[ ] (Clerk's Action Required) MAZALC, MARY ELZABETH
Defendant.
Sex: F Race: White DOB: 02/26/1977 Ht: 506 Wt: 180 Hair: Brown Eyes: Brown The above-named defendant having come before the court for preliminary appearance or reappearance, and it appearing to the Court that probable cause exists for the offense(s) charged in the nformation filed herein based upon the Affidavit of Probable Cause; T S HEREBY ORDERED that:
1.1 [ ] The defendant is hereby released on his/her personal recognizance [ ] without further conditions [ ] with the conditions set forth in paragraph 2.1 and/or 3.1 below based upon the findings set forth in paragraph 2.1. f the defendant is held in the Snohomish County Jail in this matter, he/she is hereby released only as to this Cause No.
[ ] The defendant shall post bail in an amount of $____________________ [X] by executing a bond with sufficient sureties or depositing cash in the registry of the court in lieu thereof [ ] cash only (post conviction only), based upon the court having made the findings set forth in paragraph 2.1 below. The defendant shall be detained in the Snohomish County Jail until such bail is posted. [ ] Bail has been previously posted in this Cause No.
[ ] The defendant having previously posted a bond in the amount of $__________________ shall post a rider for such bond and file a copy of it with the Clerk's Office within 2 business days of the date of this order. f no rider is posted and filed with the Clerk's Office, the defendant shall immediately report to the Snohomish County Jail.
2.1 [ ] The court having found that: [ ] pursuant to CrR 3.2(a), release without further conditions will not reasonably assure the defendant's presence when required, the defendant shall post bail as set forth above and/or comply with the conditions set forth below; and/or [ ] pursuant to CrR 3.2(b), there is a substantial danger that the defendant will commit a violent crime, seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice, the defendant shall post bail as set forth above and/or comply with the conditions set forth below and/or in paragraph 3.1.
Order on Release/Detention of Defendant Page 2 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp [ ] Shall be placed in the custody of ____________________________________________ who has agreed to supervise the defendant; [ ] Travel, association, and/or abode are restricted as follows: ________________________ ______________________________________________________________________; [ ] f bed space is available and the defendant is eligible, shall be housed in the minimum security facility and shall participate in work crew; [ ] Shall be placed on electronic home detention/monitoring; and [ ] Other: _________________________________________________________________ ______________________________________________________________________.
3.1 The defendant shall also comply with the following conditions set forth below based upon the court having made the findings pursuant to CrR 3.2(b) as set forth in paragraph 2.1:
[ ] No contact with N.A. DOB: 11/17/2000 and with the State's witnesses, except through counsel; [ ] Not go to the following areas or premises: _____________________________________ ______________________________________________________________________; [ ] Not possess any dangerous weapon or firearm; [ ] Not possess or consume intoxicating liquor or drugs without a valid prescription; [ ] Shall report regularly to and remain under the supervision of ______________________________________________________________________; [ ] Not commit any crimes; and [ ] Not reside at all with children under the age of 18; and no contact, direct or indirect, with children under the age of 18, except with the supervision of a responsible adult who is aware of these charges.
The defendant shall appear for trial and all scheduled court hearings and comply with the conditions indicated above. Violation of any of these conditions may result in revocation of release, forfeiture of bail, and/or additional charges. A warrant for the arrest of the defendant may be issued upon a showing of probable cause that the defendant has failed to comply with any of the above conditions of release.
DONE N OPEN COURT this ________ day of __________________________________, 2011.
Order on Release/Detention of Defendant Page 1 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp
SUPEROR COURT OF THE STATE OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. ORDER ON RELEASE/DETENTON OF DEFENDANT
[ ] (Clerk's Action Required) MAZALC, MARY ELZABETH
Defendant.
Sex: F Race: White DOB: 02/26/1977 Ht: 506 Wt: 180 Hair: Brown Eyes: Brown The above-named defendant having come before the court for preliminary appearance or reappearance, and it appearing to the Court that probable cause exists for the offense(s) charged in the nformation filed herein based upon the Affidavit of Probable Cause; T S HEREBY ORDERED that:
1.1 [ ] The defendant is hereby released on his/her personal recognizance [ ] without further conditions [ ] with the conditions set forth in paragraph 2.1 and/or 3.1 below based upon the findings set forth in paragraph 2.1. f the defendant is held in the Snohomish County Jail in this matter, he/she is hereby released only as to this Cause No.
[ ] The defendant shall post bail in an amount of $____________________ [X] by executing a bond with sufficient sureties or depositing cash in the registry of the court in lieu thereof [ ] cash only (post conviction only), based upon the court having made the findings set forth in paragraph 2.1 below. The defendant shall be detained in the Snohomish County Jail until such bail is posted. [ ] Bail has been previously posted in this Cause No.
[ ] The defendant having previously posted a bond in the amount of $__________________ shall post a rider for such bond and file a copy of it with the Clerk's Office within 2 business days of the date of this order. f no rider is posted and filed with the Clerk's Office, the defendant shall immediately report to the Snohomish County Jail.
2.1 [ ] The court having found that: [ ] pursuant to CrR 3.2(a), release without further conditions will not reasonably assure the defendant's presence when required, the defendant shall post bail as set forth above and/or comply with the conditions set forth below; and/or [ ] pursuant to CrR 3.2(b), there is a substantial danger that the defendant will commit a violent crime, seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice, the defendant shall post bail as set forth above and/or comply with the conditions set forth below and/or in paragraph 3.1.
Order on Release/Detention of Defendant Page 2 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp [ ] Shall be placed in the custody of ____________________________________________ who has agreed to supervise the defendant; [ ] Travel, association, and/or abode are restricted as follows: ________________________ ______________________________________________________________________; [ ] f bed space is available and the defendant is eligible, shall be housed in the minimum security facility and shall participate in work crew; [ ] Shall be placed on electronic home detention/monitoring; and [ ] Other: _________________________________________________________________ ______________________________________________________________________.
3.1 The defendant shall also comply with the following conditions set forth below based upon the court having made the findings pursuant to CrR 3.2(b) as set forth in paragraph 2.1:
[ ] No contact with N.A. DOB: 11/17/2000 and with the State's witnesses, except through counsel; [ ] Not go to the following areas or premises: _____________________________________ ______________________________________________________________________; [ ] Not possess any dangerous weapon or firearm; [ ] Not possess or consume intoxicating liquor or drugs without a valid prescription; [ ] Shall report regularly to and remain under the supervision of ______________________________________________________________________; [ ] Not commit any crimes; and [ ] Not reside at all with children under the age of 18; and no contact, direct or indirect, with children under the age of 18, except with the supervision of a responsible adult who is aware of these charges.
The defendant shall appear for trial and all scheduled court hearings and comply with the conditions indicated above. Violation of any of these conditions may result in revocation of release, forfeiture of bail, and/or additional charges. A warrant for the arrest of the defendant may be issued upon a showing of probable cause that the defendant has failed to comply with any of the above conditions of release.
DONE N OPEN COURT this ________ day of __________________________________, 2011.
Order Setting Trial Date Page 1 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp
SUPEROR COURT OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. ORDER SETTNG TRAL DATE (NTAL) (Clerk's Action Required) MAZALC, MARY ELZABETH
Defendant.
1. An omnibus hearing is set for at 10:30 a.m.
2. Trial is set for at 1:00 p.m.
3. The last allowable date for trial pursuant to CrR 3.3 is _________________________ [60 or 90 days after the date specified above].
4. Trial and all hearings will be held in the Criminal Hearings Department, Room 304.
5. For purposes of computing the allowable time for trial under CrR 3.3, the commencement date is the date of this order OR the following date: f a date other than the date of this order has been specified, that date is:
[ ] the date of actual arraignment.
[ ] the date on which arraignment should have occurred pursuant to CrR 4.1(a).
[ ] the date specified in the defendant's waiver of rights under CrR 3.3.
[ ] The defendant has objected to the date of arraignment, and the court is unable at this time to determine the validity of the objection. A hearing to establish the proper date of arraignment is set for
Order Setting Trial Date Page 2 of 2 Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp The defendant shall file a brief by ___________________________. The prosecutor shall file a responsive brief by .
f the defendant objects to the arraignment date set out above on the ground that it is not within the time limits prescribed by CrR 4.1(a), the defendant must state the objection to the court at this time. f the defendant does not object, he or she will lose the right to object to the arraignment date
f the defendant objects to the trial date on the ground that it is not within the time limits proscribed by CrR 3.3, the defendant must, within 10 days from today, move that the court set a trial within those time limits. The defendant must also promptly note that motion for hearing in accordance with local procedures. f the defendant fails to do this, he or she will lose the right to object that a trial commenced on that date is not within the time limits prescribed by CrR 3.3.
THE DEFENDANT MUST APPEAR FOR TRAL AND FOR ALL SCHEDULED HEARNGS. FALURE TO APPEAR MAY RESULT N SSUANCE OF AN ARREST WARRANT, FORFETURE OF BAL, AND CRMNAL PROSECUTON FOR BAL JUMPNG.
DONE N OPEN COURT this ________ day of ___________________________, 2011.
___________________________________ Judge
Presented by:
___________________________________ LSA D. PAUL, 16064 Deputy Prosecuting Attorney
Approved for entry; copy received.
___________________________________ Attorney for Defendant
___________________________________ MARY ELZABETH MAZALC Defendant
Defendant's Address: Same as in last Order of Release/Detention
New Address: ______________________________ ______________________________ ______________________________
Facesheet Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp DATE: SEPTEMBER 20, 2011 CALENDAR: 1:00 PM (xx) C Count 1: AssauIt of a ChiId in the First Degree, Count 2: CriminaI Mistreatment in the First Degree
DEF: MAZALC, MARY ELZABETH HEARNG Arraignment Hrng. (n-Custody) 11-1-02097-0 DPA LSA D. PAUL DEFENSE
1. ACTON NEEDED:
[ ] BAL $ [ ] PR [ ] Verify address write address on reIease order
CONDTONS: [ ] No contact with [ ] No crimes [ ] No drugs [ ] No weapons
OTHER CONDTONS/REASONS:
[ ] ADDRESS CERTFCATON FLED - GET BENCH WARRANT F DEFENDANT FTAs. Criminal History = NONE Standard Range = COUNT : COUNT : . TME FOR TRAL: 60 TH DAY: 11/18/11 90 TH DAY: 12/19/11 [ ] QUASH BW [ ] FNGERPRNT ORDER [ ] PROVDE DX Pages ____ - ____ [ ] AGREED TRAL CONT. TO: [ ] ENTER NO CONTACT ORDER PROVDE ENVELOPE TO CLERK [ ] GULTY PLEA [ ] ALFORD PLEA (PC Affidavit sent to Judge on: ) [ ] FLE AMENDED NFORMATON [ ] SPECAL SET SENTENCNG [ ] REVEW STATEMENT OF PLEA OF GULTY [ ] PS/DOSA ASSESSMENT [ ] DPA UNAVALABLE: [ ] OTHER:
Case Acceptance Notice Snohomish County Prosecuting Attorney St. v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp SNOHOMSH COUNTY PROSECUTNG ATTORNEY'S OFFCE
CASE ACCEPTANCE NOTCE
Date: September 27, 2011
Police Agency: MUKLTEO POLCE DEPARTMENT Agency No.: 1101493 Officer: RECORDS - GLENDA DURAN Suspect: MARY ELZABETH MAZALC PA #: 11F04139
Case has been filed in Superior Court as follows:
Count 1: Assault of a Child in the First Degree, Count 2: Criminal Mistreatment in the First Degree
[ ] Special firearm allegation added [ ] Special deadly weapon allegation added [ ] While on Community Custody [ } Domestic Violence Aggravator
f you have any questions about the above, please call or write the undersigned at 425-388-6358 or lpaul@co.snohomish.wa.us.
LSA D. PAUL Deputy Prosecuting Attorney
Plea Offer Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp SNOHOMSH COUNTY PROSECUTNG ATTORNEY 3000 ROCKEFELLER EVERETT, WA 98201 PLEA OFFER - SAU DATE: September 27, 2011 REPLY REQUESTED [X] YES [ ] NO TO: DEFENSE ATTORNEY (direct reply to assigned trial deputy) FROM: LSA D. PAUL RE: STATE v. MARY ELZABETH MAZALC
[ ] ATTACHED PLEASE FND: [ ] the nformation, the Affidavit of Probable Cause, the State's Omnibus Application; [ ]The Discovery (pg's 1 - ); [ ] Other
Assuming a sentencing range of: and upon defendant's plea as charged, the State will recommend:
[ ] 1. [ ] Standard Range [ ] Exceptional Sentence of of [ ] partial [ ] total confinement [ ] indeterminate sentencing. f eligible: [ ] work release, [ ] work crew , [ ] electronic home monitoring. [ ] ____________ hours of community restitution.
[ ] 2. Possible SSOSA: if the defendant is statutorily eligible for a SSOSA, the defendant may ask the court for a sentence under that alternative. The defendant enters the plea/stipulation with the understanding that the State is likely to recommend a standard range sentence, not a SSOSA, though the State will review and consider in good faith any evaluation and treatment plan presented.
[ ] 3. [ ] 12 months [ ] 18 months [ ] 24 months [ ] 36 months [ ] months of community custody. [ X] 4. Usual Financial Obligations: [X] $500 VCF [X] DNA fee, [X] Court Costs, [X] Attorney Fees [ ] Crime Lab Fee, [ ] Toxicology Lab Fee, [ ] DV Penalty; [ ] Emergency Response Costs, [ ] 5. Restitution for charged and uncharged offenses in discovery. [ X] 6. No law violations. [ ] 7. Register, as required by law, and remain at all times lawfully registered. [ X] 8. No possession of firearms. [ ] 9. No possession or consumption of [ ] alcohol, [ ] controlled substances without a valid prescription from a licensed physician. Compliance to be monitored by CCO. [ ] 10. No contact with NNA T ALEXS [ ] 11. A chemical dependency screening report be prepared, and if a chemical dependency contributed to the commission of this offense, to recommend affirmative conditions to be determined. [ ] 12. [ ] Obtain a sexual deviancy evaluation and comply with treatment as recommended [ ] Complete batterer's treatment, [ ] Stay on prescribed medications [ ] Obtain an alcohol/drug evaluation and complete treatment as recommended [ ] Stay away from the following location
[ ] 13. Other
[ ] No plea offer is being made at this time: [ ] Criminal history not determined [ ] other [ ] Offer is conditioned on defendant's agreement to disclose truthfully, relevant knowledge on this matter, and agreement to testify truthfully at all proceedings on, [ ] co-defendant(s). [ ]other pending case(s)
Offer is tentative in nature and can be withdrawn at any time prior to entry of guilty plea(s). The State will consider filing additional charges or allegations or increasing the sentence recommendation if the plea offer is not accepted prior to original omnibus date.
Notice of States ntent to Produce Testimony Snohomish County Prosecuting Attorney State v. MAZALC, MARY ELZABETH S:\Felony\Forms\Special Assault\Charging\deadline package_mrg.dot PA #11F04139 SAU/LDP/lmp
SUPEROR COURT OF WASHNGTON FOR SNOHOMSH COUNTY
THE STATE OF WASHNGTON,
Plaintiff, No. 11-1-02097-0 v. NOTCE OF STATE'S NTENT TO PRODUCE TESTMONY PURSUANT TO RCW 9A.44.120 MAZALC, MARY ELZABETH
Defendant.
The State now serves notice on the defendant and on this court that the State intends to introduce testimony at trial pursuant to RCW 9A.44.120. The testimony will consist of statements made by a child under the age of ten, describing acts of sexual contact performed with or on the child by another; or describing any attempted act of sexual contact with or on the child by another; or describing an act of physical abuse of the child by another that results in substantial bodily harm as defined by RCW 9A.04.110. The particulars of these statements are set forth in the police reports, witness statements or other documents as provided to defendant's attorney in discovery. DATED this __________ day of _________________________, 2011.
________________________________ LSA D. PAUL, #16064 Deputy Prosecuting At