STAFFOR.D FR.EY COOPER.

PROFESSIONAL CORPORATION 601 Union Street, Sute 3100 Seattle, WA 98101-1374 (206) 623-9900 FAX (206) 624-6885

April 25, 2012

Sheriff Paul Pastor Pierce County Sheriff's Department LESA Records

945 Tacoma Avenue South Tacoma, WA 98402

Re: Request for Records

Pierce County Sheriff's Department Incident Nos. 112640252 and 112370743

Dear Sheriff Pastor:
I am writing on behalf of my clients, the victims described in the attached Declaration for Determination of Probable Cause, to request police records created or obtained during the course of the investigation into charges of voyeurism and child pornography against Steve Craig PowelL. The charges were filed after Pierce County Sheriff's Department detectives discovered photos of children Steven Powell had taken and stored on his computer without their knowledge or consent. The mother and her two young daughters were the subjects of some of Powell's photographs.

Pursuant to our clients' rights under Washington's Public Records Act, we are requesting a complete copy of the investigative file concerning the voyeurism and child pornography charges against Steven PowelL. We understand those files are in the possession, custody and control of the Pierce County Sheriff's Office.

There is no doubt that between the intent of RCW 7.69, Crime Victims, Survivors and Witnesses and RCW 42.56, Public Records Act, public disclosure laws provide for the production of your investigative file. Though public disclosure laws exempt some police investigative files from disclosure, the exemption applies only where disclosure would compromise an investigation or violate an individual's right to privacy. Neither

factor is at issue here.

Violating the children's right to privacy is not at issue because the children and their mother are the ones seeking the records, and they do not intend to disseminate
the information.

With regard to compromising the investigation, Washington's Child Victims and

Witnesses Act envisions child victims participating in the criminal justice process.

910038x Anne M. Bremner Dr Tel:IN Washington ADMITTED 206-667-8270 abremnerrstaffordfrey.com ww.staffordfrey.com

Sheriff Paul Pastor Pierce County Sheriff's Department April 25, 2012
Page 2

Rather than imperiling the investigation, releasing the investigative records to our clients would facilitate the pursuit of justice by allowing them to be informed of the crimes that

were committed against them.

To that end, we have submitted our Public Records Act records request form

online. Our request includes, but is not limited to, all incident reports, detective follow-up

reports, forensic analysis reports, eviden records, evidence receipts, officer and

civilian witness statements, audio and video recordings, surveillance tapes,

photographs, and written summaries and transcripts of any and all interviews of
witnesses, suspects, or persons of interest.

Additionally, this records request is intended to include all written and electronic communications, reports, and information transmitted to or received from any other law

enforcement agency in connection with the investigation into voyeurism and child
pornography charges against Steven Craig PowelL.

We ask for a determination of this request within ten (10) days of receipt.
If you determine that some but not all of the information is exempt from

disclosure and that you intend to withhold it, please redact the information for the time

being, release the remainder of the information, and provide an exemption and
redaction log.

If I can provide any clarification that will help expedite this request, please
contact me or my paralegal, Dori Mashburn at (206) 623-9900.

Please forward a statement for duplication charges and we will promptly remit payment.

Anne M. Bremner

AMB/ead

Enclosures
cc: Mark Lindquist, Pierce County Prosecuting Attorney

Grant Blinn, Senior Deputy Prosecuting Attorney Detective Ed Troyer

11-1-03893.1

i~'ll11~~I~'IADPC 09-23-11 IN COUNT! hlJ D, 37175535

SUPERIUR CUUK 1 vr vv rtSHINGTON FOR PIERCE COUNTY RKS
A.M.
PIERCE

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STATE OF WASHINGTON,
Plaintiff,
vs.

SEP 22 2011
P.M.

CAUSE NO. 11-1-03893-1

",1

".VIN.

CO

TY, WASHIN rON

CountYC.rrt
OE IlTY

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STEVEN CRAIG POWELL,

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

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GRANT E. BLINN, declares under penalty of perjury:

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That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the PIERCE COUNTY SHERIFF, incident number 112640252; That the police report and/or investigation provided me the following information;
That in Pierce County, Washington, on or about the period between the 1 st day of June, 2006, and the 31 st day of August, 2007, the defendant, STEVEN CRAIG POWELL, did commit the crimes of Voyeurism (14 counts) and that on our about the 25th Day of August, 2011, the defendant did commit the crime of Possession of Depictions of Minors Engaged in Sexually Explicit Conduct in the second degree.
Pierce County Sheriffs Deparment Detective Gary Sanders reports the following: In December

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of 2009, Detective Gary Sanders of the Pierce County Sheriff s Deparment began assisting West Valley

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City Utah Police Department with their investigation of a missing individual, Susan Powell. Susan Powell had been living with her husband, Joshua Powell in West Valley City when she went missing in December of 2009. After Susan went missing, Joshua Powell relocated to Puyallup, Washington with his two sons, B.P. and C.P. They moved in with Joshua's father, Steven Powell, at 18615 94th Avenue Court
East.

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On August 25, 2011, as par of the ongoing homicide investigation, Detectives from the Pierce
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County Sheriffs Department and West Valley City Police Department executed a search wart at the

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residence where Joshua and Steven reside (18615 94th Avenue Court East). During the service of the search warrant, numerous items were removed from the home including several computers, digital media
items, recordings, and photographs.

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On September 13, 2011, Detective Sanders was contacted by Detective Maxwell from the West Valley Police Deparent. Detective Maxwell reported that West Valley Police personnel had reviewed
numerous 8mm video tapes, VHS video tapes, and compact discs seized from Steven's bedroom.

Detective Maxwell reported there were thousands of images of females being videotaped without their knowledge. Some of the images were of Susan Powell, but many of the images were of other females. Most of these images were in public, but the photographer focused on the women's buttocks, breasts, and
intimate areas. Some of the images were not in public but appeared to have been videotaped through
windows with a telephoto lens. Numerous images were of

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female minors.

On September 17, 2011, Detective Sanders obtained a search warrant to access the 8mm
24 cassettes, compact discs, and VHS cassettes that were currently in West Valley City Police Deparent's

DECLARTION FOR DETERMINATION

OF PROBABLE CAUSE -1

Offce of the Prosecutng Attorney

930 Tacoma Avenue South, Room 946

Tacoma, WA 98402-2171
Main Offce (253) 798-7400

11-1-03893-1

custody to retrieve any images that may be either evidence of voyeurism or possession of child
pornography.
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On September 18, 2011, Detective Sanders began reviewing the material and observed thousands

of images of females ranging in age from about seven years old to adult. It appears the females are
unaware they are being photographed. In a majority of the images the photographer focuses on the

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intimate pars of females.

Detective Sanders noted the images are organized and labeled and he reviewed three paricular subfolders from the folder titled "Neighbors" on one of the compact discs. Detective Sanders also reviewed subfolders labeled "Taking bath-1 ", "Taking bath-2", and "Open window in back house". In
these subfolders, there are two girls that appear to be between the ages of seven years and twelve years of age in the bathroom. Some of the images appear to be of an adult female. These images are captured from outside of the home. Among the over 2,000 total images, there were several that captured the two young girls unclothed and taking a bath, using the toilet and getting dressed or undressed. In many of the images the photographer focuses on the children's breasts, buttocks, and genital area. Also, within these three subfolders, it is obvious that the images are captured during different times and dates due to the fact that the girls are wearing different clothes and the lighting is different (during daylight and after dark).

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On September 19, 2011, Pierce County Sheriff s Deparent detectives responded to a residence that is directly behind the Powell's current residence. Steven Powell's bedroom window faces the side of this residence and there is a side window that is aligned with Steven's bedroom window. This window is similar to the one that is caught on the video with the girls in the bathroom scenes.
Detective Sanders contacted the resident, who reported she had lived there for about one year. The resident did not have teenage daughters, but she allowed the detectives to inspect the layout of the upstairs bathroom area and windows and she provided contact information for her landlord, who she thought could identify former residents. Detective Sanders recognized the bathroom and surrounding fixtures that were in the images of the two girls in the bathroom. It should be noted that the bathroom is on the opposite side of the residence from Steven's residence and bedroom window, but the only line of view to be able to photograph the bathroom through the window would be from Steven Powell's bedroom
window.

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Detective Sanders was able to contact the landlord/owner who said that he had rented the house to a couple that had two young daughters around the 2006-2008 time frame.

Through further investigation, Detective Sanders located the mother of the two young daughters. She confirmed she and her two daughters previously lived behind the Powell residence in Puyallup.

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Sanders showed her a photograph of herself in the bathroom area and she identified herself. Detective Sanders also showed her two separate images with each of the girls in them when they were clothed. She identified her two daughters from photographs taken of the bathroom area through an open window on the other side of her house. She asked if there were any other images and Detective Sanders said yes. She asked what they were of and Detective Sanders explained that some were of her daughters bathing and using the toilet and changing clothes. She began to cry. She confirmed the images were taken at the Puyallup residence behind the Powell residence and she reported that she sometimes left the blinds open in the upstairs due to the heat. She said she never thought someone would be photographing them from the other side of the house. She said she never gave permission to anyone to photograph them and that she and her daughters had no knowledge that they were being photographed. She said that they lived at the house from June of 2006 until August of 2007. She identified her daughters as being born 09/27/1996 (Child Victim No.1) and OS/22/1998 (Child Victim No.2).
DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2
Offiee ofthe Prosecuting Attorney

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930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171
Main Otfce (253) 798-7400

11.1-03893-1

counts of

Specifically, Detective Sanders identified seven separate times when each victim was filmed. The 14 Voyeurism are based on the following images:

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I) Child Victim NO.1 is seen in the bath nude. The camera zooms in on her vaginal and chest area. 2) Child Victim No. 1 is seen in the bath nude. 3) Child Victim NO.1 is seen in towel and she is captured naked as bathroom door closes. 4) Child Victim No. I is seen in the bath nude. 5) Child Victim No. 1 is seen only in a shirt. The camera zooms in on genital area and pauses when her shirt is pulled up and the area is exposed. 6) Child Victim No. I is using the toilet. The camera zooms in on her vaginal area as she wipes. 7) Child Victim NO.1 is changing. The camera zooms in on her vaginal area and buttocks when she is unclothed. 8) Child Victim No.2 is seen in the bath nude. The camera zooms in on vaginal and chest area during washing. 9) Child Victim NO.2 is seen in a towel, her breast area is exposed. 10) Child Victim NO.2 is seen in the bath nude 11) Child Victim NO.2 is seen using the toilet. The camera focuses on her vaginal area as she wipes. 12) Child Victim NO.2 is seen in a shirt only. The camera zooms in on genital area as her shirt is pulled up. Also, her breast area is seen as she takes shirt off to change. 13) Child Victim NO.2 is seen changing. With her breast area exposed, the camera zooms in on it. 14) Child Victim NO.2 is seen using the toilet. The camera zooms in on her as she wipes with toilet paper.
All of these incidents are while the victims are in the bathroom.

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The folders where these photographs were located are stored with thousands of other images of females, both children and adults, and many folders of images of Steven Powell himself. The images of Steven Powell are sexual in nature and include images of him naked, images of his genitals, and images of him masturbating.
The investigation is ongoing and further charges may be forthcoming.

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I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING is TRUE AND CORRECT.

1 7 DATED: September 22, 2011

PLACE: TACOMA, W A
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;j~c_=__ c -~ ,
GRANT E. BLIN, WSB# 25570
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946

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DECLARATION FOR DETERMINA nON OF PROBABLE CAUSE -3
Tacma. WA 98402-2171
Main Offce (253) 798-7400

LESA - Law Enforcement Support Agency - Public Records Request -

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(Not intended for Criminal Justice agency requests)
To request copies of law enforcement or 9-1-1 records, please use the following form. Your request wll be reviewed in accordance with the Public Records Laws and LESA's Public Records Act policy. Requests for public records are processed at LESA Records.

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I hereby request to (check one) * P obtain a copy of / r make an appointment to review the below listed material(s):
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InClQ~nUnQrmatjQl1
Case Number: 1112640252

*Date of incident: 16/2006 - 812007

Q~1JrIedfrQm
Occurred To

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specific as possible.)

*Time of Incident (approximate)

18615 - 94th Avenue Court East, Puyallup, WA

Type of Incident (Assault, Theft, IVoyeurism etc)

Name(s) of people ISteven Craig Powell

involved:

ReqllestQr:iiifQrmatiQrl
*Full Name Anne M. Bremner
*Mailing Address 1601 Union Street, Sute 3100
*Clty

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Phone Number 1206-623-99CJCJ

Email Addresslabremner(gstaffordfrey.com

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*1 am: r. Representing the victim under RCW 10.97.070
r Other (please clarify)

F take up to 15 business days to process. 1 understand, by checking this box, in accordance with RCW 42.56, r

that this request may require up to 15 business days to process. 1 further understand that if copies of the above
are requested, fees may be assessed in accordance with the LESA Fee Schedule.

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