023980 I - 1 FILE 2 01 . KING SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 I 9 4sgA In re the Detention of I0 CECIL BAIZ. PETITION AND CERTIFICATION OF I I PROBABLE CAUSE Respondent. 12 13 I 14 I, Norm Maleng. Prosecuting Attorney for King County. in the name and by the authority of I5 the State of Washington do allege that respondent ECIL BAIZ is a sexually violent predator, given the following: I6 As required under RCW 7l.09.030(l I. respondent Baiz is currently in total confinement. I7 serving a sentence arising l`rom his conviction ol` one count of Child Molestation in the First Degree. On September 8. 1995, Respondent Baiz was sentenced to 78 months confinement. and will be I8 released I`rom this sentence on August 2, 2001. Respondent`s conviction for Child Molestation in the First Degree constitutes a "sexually violent offense" as that term is defined in RCW 71.09.020. 19 In addition to the allegations set forth above, the State alleges that respondent Baiz suI`t`ers 20 from a mental abnormality or personality disorder which makes him likely to engage in predatory acts of sexual violence directed toward strangers. persons ol` casual acquaintance, or individuals 21 with whom a relationship has been established or promoted for the primary purpose of victimization if` not confined in a secure facility. 22 Norm Maleng, Prosecuting Attomey PETITION AND CERTIFICATION OF PROBABLE Building CAUSE - 900 Feunn Avenue. mul rim Seattle, Washington 98I64-I002 tzum 296-9000, mx tznsi 296-2901 023980 1 Therefore. pursuant to RCW 71.09 et. seq., respondent should be committed to the custody of the Department of Social and Health Services in a secure facility for control, care. and treatment 2 until such time as his mental abnormality or personality disorder has so changed that this court detemtines that he is not likely to engage in predatory acts of sexual violence if conditionally 3 released to a less restrictive alternative or unconditionally discharged. 4 DATED this day of August. 2001. 5 Respectfully submitted. 6 NORM MALENG, King County Prosecuting Attomey (1 By . 8 Miche Hauptman. SB #19919 Senior Deputy Prosecuting Attorney 9 Attorneys for Petitioner State of Washington Norm Malt-ng. Prosecuting Attorney AND CERTIFICATION OF PROBABLE cause - 2 Seattle. Washington 98164-1002 rms; zmquoo. mx rzos; zoo-mi 3023980 CERTIFICATION FOR DETERMINATION OF PROBABLE CAUSE That 1, Michele Hauptman. am a Senior Deputy Prosecuting Attomey for King County, and am familiar with records ofinvestigations into the criminal activities and background of respondent Cecil Baiz. including records from Washington State Department of Corrections. Redmond Police Department. and the King County Superior Court. as as other materials specifically referenced herein. Pursuant to RCW 71.09.010 et seq., petitioner State of Washington sets forth the following in support ofits motion for determination ofprobahle cause that respondent Baiz is a sexually violent predator. Baiz was bom on May 5, 1959. making him currently 42 years old. He has convicted of at least one "sexually violent offense" as detlned by RCW On September 8. 1995. he was sentenced to 78 months on his conviction ofone count of Child Molestation in the First following ajury verdict. See Appendix A. Judgment and Sentence. Baiz will be released l`rom this sentence on August 2, 2001. According to the Certitication for Determination of Probable Cause in K.C. Cause tt 87-1- 02805-1, and the Pre-Sentence Investigation Report. in May ofl987, Baiz worked at Mercer Inn, a congregate care facility housing disadvantaged woman. most ofwhom had been referred as a result of mental health issues and who had a diagnosis. During the graveyard shift, the facility was single- stafled. Staffmembers on that shil`t by facility policy were prohibited from looking in on residents during the night without cause. On 5/19/87, was a resident at Mercer Inn. She had a court-ordered 90 day stay following a referral from Harborview Medical Center staff. She was characterized as a danger to others and gravely disabled. Her diagnosis was noted as chronic paranoid schizophrenia with acute exacerbation. She was discharged from HMC to Mercer on medication. She had been off ofprescribed medication for one month prior to her hospital admission. The HMC history indicated Ms. did well when stabilized on medication. -1 advised police that at approximately 1:00 she had been asleep in her room. Graveyard shift staff. Michael Baiz. opened her locked door with a key, entered her room. removed all ofhis clothing. and got into- bed. He attempted to pull her night gown off. but- resisted. She told Baiz to leave. Instead. Baiz fondled and kissed her breasts. He then began to fondle her vaginal area. Linda told him to stop and told him she would tell the administrator. Todd Nelson. Baiz linally stopped. and told her not to tell anyone about what had happened. -reported the assault to the staff person on duty after Baiz got off work. Todd Nelson contacted the administrator of North Lake Congregate Care, another congregate care facility where Baiz had worked prior to the Mercer lnn. The administrator of North Lake indicated that alter Baiz was terminated from employment there. a resident came forward and said that she had awakened to Norm Maleng. Prosecuting Artomey PETITION AND CERTIFICATION OF PROBABLE SVP Union Bank Building 3 000 Founh Avenue, l0ll\ Floor le Wasltiu tn 0 stan git S16-1-1001 tzom 2%-Qtitio. FAX mom we-:wut 3023980 find Baiz stroking her. The woman \vas no longer a resident ofthe North Lake facility, and efforts to locate her were fruitless. When confronted regarding allegations, Baiz denied that he had done anjnhing inappropriate. At first told Nelson that he heard- crying and he went to check on her, but that he never entered her room beyond the threshold. He later told police an elaborate story about how said that she wanted to leave the facility and that he hea.rd a man in the street According to Baiz. claimed that this was her boyfriend. There were no entries in the facility logs from the evening in question that substantiated either ofBaiz' versions of events. Over time, Baiz has told several versions ofthis incident. In none ofthe versions docs he admit responsibility. According to the 1991 presentence report, following -s report. another resident. K. Reported that she had come down to the facility day room during the graveyard shil`t one evening to smoke a cigarette. There were no other residents in the room at the time. Baiz began talking with her and asked her ifshe could keep a secret. He told her that he was sexually frustrated and wanted her to help him out. He told her that he had a fantasy of masturbating while watching a woman fondle her o\vn breasts. told Baiz that it \vas unethical for a staff member to have such a relationship with a resident. She left the day room and was reluctant to report the incident as it was confusing to her. ln April 1987, Baiz. using the name of Daniel N. Bessaun, worked for 1\lcl_aughlin and Company as the resident manager for an apartment building in Seattle. He was authorized to collect deposits and rent. deposit funds in the bank. and advise his employer ofdeposits. On two occasions. Baiz accepted money from tenants and failed to deposit the entire amount. The loss to .I.B. McLaughlin was $l.4300. On May 20, 1987, Baiz` boss. Lauren Penny received a letter from Baiz in which he admitted stealing the money to support his cocaine habit. Seattle police contacted Baiz \vho came to police headquarters and signed a statement admitting the theti. On August 19. 1987, Baiz was released from custody on his own recognizance pending trial to participate in a Drug and Alcohol program On October 26, 1987, a bench warrant issued for Baiz \vho was not complying with the progrant. and whose whereabouts were unkno\vn. Baiz was arrested on that warrant in August of 1991. In 1991, Baiz entered an Alford plea to Assault in the degree and Theft in the 2nd degree. He was sentenced to 7 months confinement for these offenses. During the early part oflanuary, 1995, Cecil Baiz. going by the name of Daniel Cecil Sequoia. asked ten-year-old- To come to his apartment to see a version ot"'90Z10" that had "adult content". At the time. Baiz was a maintenance worker at the apartment complex where both he and lived. He had been employed in that capacity since October 1994. -ret`used his invitation. On February 1. 1995, Baiz called and asked her to come over and see him. Slte told him that she could not because she was baby-sitting. Baiz told her to come over to his house as soon as she could. -told her father about the phone call and the Redmond police \vere Norm Malcng, Prosecuting Attnmey PETITION AND CERTIFICATION OF PROBABLE U"l' mon Bank offalrfomta Building CAUSE - 4 rattan Avenue, tout naar Seattle. Washington 98164-1002 (206) 296-9000, FAX (206) 296-29Ill 3023980 contacted. During a police interview,- revealed that her friend.- had told her about something that had ha ened between and Baiz. -s parents reported that Baiz at times had brought gifts ofcookies. doughnuts. and toys. Police contacted-- -stated that. in September or October of 1994. when she was nine years old. Baiz approached her \vhile she was playing on the playground equipment in the apartment complex. Baiz did not know her name but had said "hi" to her on occasion. On this date. Baiz called -I0 him and stuck his hand inside of her sweat pants and underwear, touching her vagina with his finger. -ran home after that. but was afraid to tell anyone what happ for her friend. When questioned about this offense. Baiz claimed that he was a Federal confidential informant working for the FBI. ATF, and DEA. as well as the RCMP ofCanada. He claimed that lte was currently assigned to monitor regional gang activities and their involvement in the illicit drug trade". He claimed that and were making drug runs for parents. According to Baiz. parents were attempting to evade further investigation by having and -fabricate the allegations against him. According to the Redmond Police Department report 95-664, Oflicer Baldwin. who investigated the molestation allegations. contacted Shirley Forsman at Child Protective Services to see ifthere had been any complaints against Daniel Sequoia. aka Cecil Baiz. Ms Forsman reported that there were two referrals involving the same victim, a IO year-old girl. The tirst referral dated involved Baiz touching tlte genital area ofthe girl whom he had asked to cat sit l`or him and showing her pomographic material. The second referral was dated 12/9/94, While in Sex Offender Treatment in the Department of Corrections. Baiz denied any improprieties with the girl, except that he had some pomographic cartoon pictures. He said that the child was playing with his cat (he paid her to watch his cat). He admitted that he watched her and smoked opium and that he \vas disorientated but sexually stimulated at the thoughts ofher looking at the comics. He denied touching her. On _Iul l8, 1995, ajury found Baiz guilty of Child Molestation in the Degree for his assault on . The court sentenced Baiz to 78 months conlinement and 2 years of community placement. Baiz entered the Department of corrections on During his stay tltere. Baiz incurred numerous infractions including destruction oflibrary books, providing money to the spouses of other residents. and having contact with the Iiancee and seven year old daughter of another inmate. In this last incident, Baiz wrote an unsolicited letter addressed to a cellmate`s fiancee and her young daughter asking them to write to him. Later. while attempting to gain entrance to the Sex Offender Treatment Program at Twin Rivers Correctional Center Baiz provided an account ofthe offense that differed dramatically from the victim's version and that depicted the child as the initiator ofsexual contact Norm Malt-ng, Prosecuting Attomey PETITION AND CERTIFICATION OF PROBABLE ffl' . Bank ofC`al|fom|a Building CAUSE - 5 Avenue. tout Floor Seattle. Washington 9El6J-Inn; (206) FAX (106) 296-2901 023980 I While in the Department of Corrections, Baiz participated in the Sex Offender Treatment Program While he completed the program. staff there noted that "Mr. Baiz has 2 accepted minimal responsibility for his involvement in his crimes against children and adults. 3 "In treatment, Mr. Baiz made minimal progress in identifying his offense cycle. In group he was resistant to disclose and when he did his disclosures were distorted and filled with 4 inconsistencies. Mr. Baiz has improved abit (sic) in consistency and honesty but continues to supply false infomiation concerning support. educational levels. and historical events. 5 Additionally there were changes in his thinking pattems. He identified lists of interventions. However, some listed interventions were not realistic failing to address actual risk. 6 "Given the static and dynamic factors listed the treatment team believe Mr. Baiz to be a high 7 risk to sexually reoffend." 8 See Appendix B, SOTP Treatment Summary. 9 It is difficult to describe Mr. Baiz` background as it is largely known through his self-report which is notoriously inconsistent. For example. Mr. Baiz has at times reported that his father died I0 when he was young. ln some versions, Baiz claims that his father was involved with organized crime figures and that his father was murdered to prevent his testimony. In other versions his father I I was killed in an automobile accident. In the SOTP treatment summary, evaluators stated: I2 It should be noted there is a considerable amount of discrepancies in all available documentation pertaining to Mr. Baiz. Mr. Baiz filled out two social history surveys for I3 SOTP. Information supplied by Mr. Baiz was different in each survey. His verbal disclosures are so disconnected and varied it is difficult to determine whether he has support, I4 children. work history, or logical dissonance. Each of the Presentence Investigators and eva|uators` present dif`l`erent social histories as supplied by Mr. Baiz. I5 In April 2001, the End of Sentence Review Committee from the Department of Corrections I6 asked DOC Dr. Campbell, to evaluate Baiz to assess whether he met the criteria for civil commitment under RCW 7I .09. See Report. attached as Appendix C, and incorporated I7 herein by reference. Dr. Campbell met with Mr. Baiz and reviewed voluminous records contained in his DOC file. I8 Dr. Campbell found that Baiz` "history strongly suggests that he might warrant the Axis I9 diagnoses of Paraphilia (Rape) and Pedophilia. Sexually Attracted to Females, Non-exclusive Type.." Dr. Campbell also found that "Mr. Baiz does appear to warrant a diagnosis of Personality 20 Disorder Not Otherwise Specified with Antisocial and Narcissistic Features." Further, Mr. Baiz received a score of 30 on the Hare Checklist--Revised This is the cut off 21 score for a designation as a Such a high score on the PCL-R suggests that Baiz "may be at an elevated risk for personality traits and, thereby, is at increased risk for violent. 22 sexual and general criminal reoffense." Norm Maleng. Prosecuting Attomey PETITION AND CERTIFICATION OF PROBABLE Eggnk ommrmin Building CAUSE - 6 900 Feunn Avenue. wut rim Seattle. Washington 98164-I002 (200i 296-0000. mx (2001 200-2901 023980 1 In arriving at his opinion regarding Baiz' risk of reoffense, Dr. Campbell employed a 2 number of actuarial instruments to aid in the assessment. The instruments ranged from a low of 9% risk of reconviction for a sexually violent offense in a 5 year post release period. to a high of 76% 3 risk of arrest for a violent reoffense in a 10 year post release period. The figures represent the percentage of offenders who reoff`ended in the population upon which the instruments were 4 constructed. Dr. Campbell stated that 5 When factoring in his [Baiz'] evident personality traits. and the likelihood that he should be classified as a his level of risk should be seen to be in the High 6 range. lt should also be remembered that Mr. Baiz: 7 I. Does not seem to have been able to have accepted the slightest amount of responsibility for any of his crimes: 8 2. Does not seem to be able to tell the truth for any length of time: 3. Appears to have significant problems following the directions and structures imposed 9 upon him during his recent incarceration tearing up library books, attempting to contact another fiancee and a minor-aged female. adequately addressing his 10 sexual deviancy during SOTP treatment. and giving a valid assessment`); 4. And appears to have a long history of conning others. as well as sexually preying up (sic) 11 vulnerable adults and children. 12 Dr. Campbell concludes that in his opinion. Baiz meets the statutory definition of a Sexually Violent Predator. 13 At the request ofthe Office ofthe King County Prosecuting Attomey, Dr. Amy Phenix, 14 a clinical with an expertise in the evaluation of sex offenders reviewed Baiz` Department of Corrections file material and conducted an in person interview of Mr. Baiz. Dr. 15 Phenix concludes that Mr. Baiz meets the statutory definition of a sexually violent predator under RCW 71.09. Her report is attached as Appendix D, and incorporated herein by reference. 16 Dr. Phenix diagnosed Baiz as suffering from the mental abnormalities of Pedophilia and 17 Paraphilia Not Otherwise Specified (NOS), children and nonconsenting adults. She also diagnosed him as suf`f`ering from a Personality Disorder NOS with Antisocial and Narcissistic Traits. as well as 18 Alcohol and Polysubstance Dependence. 19 In conducting her risk assessment of Mr. Baiz, Dr. Phenix used an actuarial risk assessment tool called the Static-99 to arr?ive at a baseline level of risk. Baiz' risk level on that instrument but 20 him in the Medium--low risk category. Offenders from the Static-99 sample group sexually reoffended at a rate of 12% after five years. 14% after ten years. and 19% af`ter 15 years. ln Dr. 21 Phenix's opinion, this instrument does not include a complete evaluation of Baiz` true risk. Additional factors that according to the research in the area indicate a higher level of risk include a 22 significant level of sexual deviance, a wide range of potential female victims ranging in age from 10 Norm Maleng. Prosecuting Attomey PETITION AND CERTIFICATION OF PROBABLE :';2nk cmammh Building CAUSE 7 900 Avenue. 10th Floor Seattle. Washington 98 I 64-1 002 moo; zoo-anon. mx from 296-290I 023980 years of age to adult women, limited treatment gains, high score on the PCL-R, and moderately severe personality disorder. In mitigation of his risk. Baiz had a later onset of sexual offending and 2 did not drop out of treatment. Like the static risk factors discussed above, the dynamic risk factors considered by Dr. Phenix "appear to aggravate Mr. Baiz' risk for committing future sexually violent 3 offenses. . 4 I conclusion, Dr. Phenix states that: 5 In the case of Mr. Baiz, an overall review of these variables indicates his actual risk for meoffense is higher than the Static-99 estimate alone. This is based upon his 6 being positive for most ofthe static risk factors described above, the lack of static protective factors, and the indication that the dynamic factors also appear to 7 aggravate his risk for reoffense. In short, after reviewing all of these variables. the pattern that emerges indicates Mr. Baiz is at a higher risk to sexually reoffend than if 8 one were to rely on the Static-99 estimate alone. With this in mind, Mr. Baiz does appear to meet the likely standard specified within RCW 7l .09. 9 l0 Based on the above information, it is my opinion that Mr. Baiz ;Lo_e,1_me_e_t_the criteria as a sexually violent predator as described in RCW 7l .09. Under penalty of perjury under the laws ofthe State of_Washington, I certify that the l2 foregoing is t1?ue and correct. Signed and dated by me this ji day o?4u?l-y. 200l. at Seattle. Washington. I3 14 Mic tele Haupt WS l99l9 Senior Deputy Prosecuting Attorney Norm Maleng, Prosecuting Attomey PETITION AND CERTIFICATION OF PROBABLE ofcamhmh Buudw CAUSE - 8 900 Founh Avenue. l01l1 Floor Seattle, Washington (zum 2?a-corn. mx r2u612?s.z?0|