A Vancouver man whose convictions in a 2008 shooting were overturned, after the Washington Court of Appeals found that his rights to a fair trial were potentially violated, was back in Clark County Superior Court on Friday to receive a new trial date.
The state appeals court in September overturned Lester Juan Griffin Jr.’s convictions for first-degree burglary and first-degree assault, for which he had been sentenced to a 24-year prison term.
In Griffin’s post-appeal petition, the court found that the Clark County Prosecuting Attorney’s Office failed to provide evidence the defense could have used to potentially discredit a testifying police officer — known in the courts as a Brady violation.
It also found Griffin’s defense attorney, Bob Vukanovich, provided ineffective counsel, because he failed to object when Prosecuting Attorney Tony Golik had one of Griffin’s co-defendants testify against him as part of a plea deal. Golik was a deputy prosecutor in the major crimes unit at the time.
The court’s decision on the Brady issue took prosecutors across the state by surprise because, traditionally, law enforcement officers who are placed on a Brady List have sustained findings of dishonesty, not other policy violations. However, the court ruled that the prosecution should have disclosed evidence relating to internal affairs investigations of the lead investigating officer in Griffin’s case.
On May 17, 2008, two assailants wearing bandannas over their faces forced their way inside an apartment in Vancouver’s Kevanna Park neighborhood. When they encountered the tenant, Gary Atkinson, they reportedly fired two shots as he ran away from them. One struck Atkinson in the back. He was treated at a local hospital.
Investigators found that Griffin and Christopher Perkins were the alleged assailants, and a third co-defendant, Gary Alexander, was supposed to be the getaway driver. Atkinson initially identified Alexander as one of the assailants at his door, according to court records.
During his hearing Friday, Judge Robert Lewis, who originally presided over Griffin’s case, appointed him a new attorney and set his bail at $100,000.
His trial is scheduled to start Jan. 9.
