Appeal from Superior Court of King County. Docket No: 92-1-06682-0. Date filed: 03/16/93. Judge signing: Hon. Ricardo Martinez.
Petition for Review Granted October 7, 1997,
Authored by H. Joseph Coleman. Concurring: Susan R. Agid, Ronald E. Cox.
The opinion of the court was delivered by: Coleman
COLEMAN, J. -- After a jury convicted Roland Riles of first degree rape of a child, the sentencing court imposed a term of community placement to follow his confinement. Riles argues that the court erred by attaching various conditions to his community placement term. First, he challenges the condition that he submit to polygraph and plethysmograph examinations. We hold that the lower court was authorized to order these tests to monitor Riles' compliance with other community placement conditions. Next, Riles claims that the condition prohibiting unapproved contact with minors is overbroad and vague. He also argues that the court's order was vague for imposing the conditions that he (1) avoid places where children congregate and (2) not frequent places where minors are known to congregate. Because each of these orders gives sufficient notice of what conduct is prohibited, we uphold all community placement conditions. Finally, because Riles has failed to show that a search warrant's supporting affidavit was insufficient or that his constitutional rights were denied at trial, we affirm his conviction and sentence.
In October 1992, six-year-old AJ spent a weekend with the Hendersons, who were friends of the boy's mother. At that time, 38-year-old Riles worked for the Hendersons as a live-in carpenter and handyman. When the Hendersons returned AJ to his home on October 11, his mother noticed that AJ was uncharacteristically sad and lethargic. AJ's lips appeared to be swollen. At around 3 A.M., AJ's mother discovered that her son was awake. AJ started crying and said that Riles had "stuck his penis up my butt." He later told his mother that Riles had worn a yellow condom. AJ also said that Riles covered his mouth and threatened to rape AJ again if he told anybody.
AJ's mother called the police. When officers arrived, AJ told them what had happened. AJ was taken to the emergency room, where he told a doctor that Riles had put his penis in his butt. An examination of AJ's rectum revealed raw abrasions. Swabs revealed the presence of semen in AJ's mouth. In a follow-up examination, another doctor concluded that scar tissue on AJ's anal opening had been caused by penetrating trauma.
Seattle Police Detective Mark Hanf was assigned to investigate AJ's case on October 12, 1992. After AJ and his mother had returned from the hospital, Detective Hanf interviewed the mother at her house. After hearing the mother's story, Detective Hanf obtained a warrant to search the Hendersons' residence. The police seized an unused, yellow condom from Riles' bedroom. Detective Hanf and the prosecutor interviewed AJ the following day.
At a CrR 3.6 hearing before trial, Riles' attorney argued that Detective Hanf's affidavit in support of the search warrant failed to contain sufficient indicia of reliability. The affidavit failed to identify the source of Detective Hanf's information that AJ had accused Riles of rape. Because Detective Hanf did not interview AJ until the day after he applied for the warrant, Riles' attorney claimed that there was an insufficient showing that the information was based on personal knowledge from a reliable source. The lower court found that the affidavit was sufficient because the information could only have come from AJ's mother. The court reasoned that the short affidavit mentioned no names other than AJ's and his mother's.
After a lengthy trial, a jury convicted Riles of first degree rape of a child. The court sentenced Riles to 102 months of incarceration, followed by a term of community placement. The community placement order imposed the following conditions:
(6) Have no contact w/ victim or any minor-age children; . . .
(8) submit to polygraph & plethysmograph testing upon request of therapist and/or CCO, at own expense;
(10) avoid places where children congregate;
(12) do not frequent places where minors are known to congregate without specific permission of sexual deviancy counselor or supervising CCO.
We first decide whether the sentencing court abused its discretion by ordering Riles to submit to polygraph and plethysmograph testing as a condition of his community placement. Riles claims that these community placement conditions are not authorized by statute because they require affirmative conduct, which is excluded from RCW 9.94A.030(11)'s definition of a "crime-related prohibition." Because the tests are merely a means to monitor compliance with other community placement ...