SPOKANE, Wash – Attorneys representing the man known as the South Hill Rapist are asking a judge to throw out the state’s petition that has kept him confined on McNeil Island.
Kevin Coe is accused of raping dozens of women in Spokane in the late 1970s and early 80s. He was ultimately convicted of one rape and spent 25 years in the Washington State Penitentiary.
After serving his time, the state deemed Coe was a sexually violent predator. He’s been at the Special Commitment Center on McNeil Island ever since.
Coe recently petitioned for his release and a trial was set for October 2nd in Spokane County.
A state expert examined Coe and said, because of his age and physical ailments, the state can no longer prove he meets the criteria of a sexually violent predator.
In court filings, the state acknowledges it can no longer meet its burden of proof to hold him at the SCC.
The state said it planned to file a motion to dismiss the petition to confine Coe, but as of Friday, had not yet done so.
Coe’s attorneys had also not yet filed a motion for summary judgement, which would allow a judge to dismiss the petition.
Spokane County Judge Julie McKay admonished attorneys for not preparing the documents in time, saying if it wasn’t done, she’d have to summon more than 100 jurors for trial.
Court filings show the defense did file a motion for summary judgement sometime after that hearing Friday.
The Washington Attorney General’s Office says they expect the judge will rule on that motion at a hearing on October 2nd.
In court Friday, Coe’s attorney said they have a bed for him at an adult care facility in Spanaway.
They expressed concern that if Coe is not released then, they would lose that space and have to start all over in finding him a place to live.
If granted, Coe’s release would be unconditional, meaning he won’t have to follow any specific rules set up by the state.
He does have to register as a sex offender for the rest of his life.
‘Decline in functioning”
In its motion for summary judgement, Coe’s attorneys include the expert’s examinations of Coe, who is now 77 years old.
The report indicates that Coe has never admitted guilt or completed mental health treatment, either in prison or the Special Commitment Center.
He has never had a job in the facility or participated in any of the vocational programs.
“Available records indicate he rarely left the unit for meals or medical appointments,” the expert wrote.
The report details Coe’s medical issues, including heart problems and chronic pain.
The expert also describes “a decline in Mr. Coe’s functioning in recent years.”
Coe, also described by the expert as “feeble”.
‘No discretion’
During the court hearing last Friday, Judge McKay stressed several times that if the state’s petition was dismissed, she does not have discretion to keep Coe at the Special Commitment Center.
Because she does not have discretion, Judge McKay was weighing whether Coe’s victims could speak at his dismissal hearing.
The Washington Attorney General’s Office argued that the victims have the right to be heard at critical stages of the civil commitment process.
Judge McKay said that those statements are generally appropriate at stages of the court process where she has discretion, like sentencings, but likely not in a hearing where the outcome has already been decided.
Judge McKay asked the state’s attorney: “Each of those seven women understand that at the end of that, there’s nothing I can do. I will be signing a dismissal order?”
“Yes, that’s correct,” Assistant Attorney General Rebecca Kopp replied.
Judge McKay is still considering whether to let the women speak at the court hearing. She reiterated to the attorneys that any victim who wished to have a written statement entered into the record could do so.
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