STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS INDETERMINATE SENTENCE REVIEW BOARD P.O. BOX 40907, OLYMPIA, WA 98504-0907 DECISION AND REASONS _____________________________________________________________________________ NAME: FORREST, Warren DOC #: 287319 FACILITY: Monroe Correction Complex – Twin Rivers Unit TYPE OF HEARING: .100 Hearing HEARING DATE: February 19, 2014 PANEL MEMBERS: DT & LD FINAL DECISION DATE: April 17, 2014 _____________________________________________________________________________ This matter came before Dennis Thaut and Lynne De Lano, who are members of the Indeterminate Sentence Review Board (ISRB or the Board) on the above date for a release hearing in accordance with the provisions of RCW 9.95.100. Mr. Forrest appeared in person and was represented by attorney Richard Linn. Testimony was provided by Department of Corrections (DOC) Classification Counselor (CC) Nancy Watts, DOC Sex Offender Treatment Program (SOTP) therapist Aaron Rogers, and Mr. Forrest. BOARD DECISION: This was a Deferred Decision. Based on the Burden of Proof set forth in 9.95.009(3) and RCW 9.95.100 and the totality of evidence and information provided to the Board, the Board finds that Mr. Forrest is not parolable and adds 60 months to his minimum term. NEXT ACTION: Schedule a .100 Hearing 120 days prior to his next PERD. FORREST, Warren – DOC # 287319 Page 2 of 7 JURISDICTION: Warren Forrest is under the jurisdiction of the Board on a 1979 conviction in Clark County Cause #10264 for Murder in the First Degree. His time start was April 26, 1979. His minimum term was set at 628 months at the Duration of Confinement hearing, from a Sentencing Reform Act (SRA) guideline range of 240 – 320 months, adjusted to 234 – 314 months, with 180 days jail credits. The maximum term is Life. Mr. Forrest has served approximately 418 months in prison. The Duration of Confinement hearing was conducted by the Board in June of 1990, at which time his minimum term was set at 628 months. During the Murder First Degree Review the Prosecutor recommended Life without Parole, and in 1990 a Judge adopted the same recommendation. NATURE OF INDEX OFFENSE(S): File materials indicate that in July of 1974 a 19 year old victim was last seen by an acquaintance getting in to an unknown blue van in the Vancouver area. On July 11, 1976, the remains of a female were found in a Clark County parks maintenance depot, which was secured by a series of locked gates. The remains were identified as the victim through dental records. The victim was found in a shallow grave, in a “hog-tied” position with puncture holes in her shirt. It was discovered that the only employee with access to the maintenance depot, with a vehicle matching the description of the one the victim was last seen entering in 1974, had been Mr. Forrest. In addition, the material used to tie the victim was available to park department employees. Also, Mr. Forrest matched the description that the witnesses provided of the owner of the vehicle the victim was seen entering. Mr. Forrest admitted that he drove her to his work place at Tukes Mountain Park near Vancouver, Washington, and attempted to rape her, and then stabbed her to death because she struggled. FORREST, Warren – DOC # 287319 Page 3 of 7 PRIOR CRIMINAL CONDUCT: Mr. Forrest was charged with Assault in the First Degree, Rape, and Armed Robbery in Clark County in 1974 under cause #8541. He was found not guilty by reason of insanity and he was, in fact, in custody at Western State Hospital on this offense when the index cause Murder charges were filed, although it appears that he actually committed the murder offense prior to the insanity acquittal. File materials indicate in October of 1974 Mr. Forrest lured an unknown 20 year old female into his vehicle under the guise that he was a college student doing a photography project, and he wanted to pay her to model for him. The victim accepted and got into his blue van. Once in the vehicle they drove a short while before Mr. Forrest stopped the vehicle. At that point, he choked and bound the victim and drove to a remote Clark County parks area that was secured. Mr. Forrest gained access to the area with a key he possessed as an employee. He parked his vehicle and proceeded to remove portions of the victim’s clothing. He fired darts into her breasts; he also inserted plastic tubing into the victim’s vagina and then attempted to rape her. He was unsuccessful on his first attempt, he then took the victim from the vehicle, untied her feet, and placed a slipknot over her neck. The victim was then led into a heavily wooded area and after they had walked a distance, Mr. Forrest proceeded to choke the victim with the rope around her neck until she was unconscious. When the victim awoke, she was lying under a heavy pile of logs and was having difficulty breathing. After some time she was able to sit up, and discovered that all her clothing and shoes were gone, and she was no longer bound. She further discovered that she had been stabbed in the chest several times. The victim was able to make her way out of the woods, onto a gravel road, where she was eventually found by a passerby. In July of 1974 a 15 year old female was visiting the city of Ridgefield, Washington, with her family and went for a walk. She was sitting by the side of the road when a man (later identified as Mr. Forrest) driving a blue van stopped and began talking with her. He offered to take her FORREST, Warren – DOC # 287319 Page 4 of 7 for a ride and the victim accepted. They drove a short distance when Mr. Forrest attacked the victim at knifepoint, and bound and gagged her. They drove for some distance until they arrived at the location later determined to be a Clark County maintenance depot. There Mr. Forrest removed the victim from the vehicle and carried her some distance before tying her between two sapling trees. He then left the victim, telling her he would return in a short time. While he was gone the victim was able to remove the gag and chew through the twine tying her head to one tree. She was then able to break some of the twine on her hands and ankles, and with some difficulty was able to get to a standing position. With her hands and feet still bound, she was able to hop some distance before rolling underneath a fence and into a pasture area. She then heard some noises coming from the area where she had been tied and she lay in the pasture area until the noises subsided. The victim got up and began moving through the field until she came to some buildings, and while she was attempting to locate someone for help a different park employee assisted her and contacted law enforcement. It appears that Mr. Forrest was charged regarding this incident, but the charges did not result in a conviction. It should be noted that according to news stories included in the file materials, Mr. Forrest is suspected of four additional cases where 16-18 year old female victims went missing between December of 1971 and August 1974; and some remains were later recovered in remote areas of Clark County. Law enforcement has indicated that Mr. Forrest likely committed these crimes; however, they had insufficient evidence for charges or convictions. During sex offender treatment, Mr. Forrest disclosed that he had eight other female victims, which included forced sex and sodomy. He further notes that he “targeted other females as well, but failed to get them into his vehicle in order to assault them.” According to the most recent psychological evaluation, Mr. Forrest disclosed having “numerous unadjudicated victims who might be living or dead.” He disclosed that these offenses took place in four different states. During our meeting with Mr. Forrest he strongly denied further FORREST, Warren – DOC # 287319 Page 5 of 7 disclosures as described in the psychological evaluation, and would only admit to the unadjudicated victims described above. HISTORY/COMMENTS: Mr. Forrest was first seen by the Board after his Duration of Confinement hearing in February of 2005 for an In-person Progress Hearing, at which time no action was taken. He was next seen in April of 2011 for a .100 hearing as he was within three years of his PERD, and the Board sees offenders at that time to determine if they should be considered for conditional parole and to allow them to start transitional release. The Board took no action at that hearing. EVIDENCE CONSIDERED: In preparation for Mr. Forrest’s hearing and its decision in this case, the Board completed a review of Mr. Forrest’s DOC and ISRB files. The Board considered all information contained in those files, including but not limited to: the most recent DOC facility plan; information regarding institutional behavior and programming; any letters of support and/or concerns sent to the Board; the Pre-Sentence Investigation report; and the psychological evaluation prepared by Dr. Arthur Davis on December 4, 2013. Dr. Davis noted that there is “no evidence of a medically supported clinical psychiatric diagnosis beyond the range of his sexual sadism.” He continued to note “in contrast, Mr. Forrest’s psycho-social interview results, as well as collateral findings, revealed the profile of an extremely dangerous man…” Dr. Davis indicated that “relapse would be likely for Mr. Forrest were he not to be incarcerated.” The Board also considered a letter from Mr. Forrest dated January 22, 2014, the Sex Offender Treatment Program (SOTP) Program summary dated January 24, 2014; and also testimony of any witnesses listed above. REASONS: Based solely on the documented history available to the Board, Mr. Forrest should be considered one of the most dangerous offenders under our jurisdiction. There remains, however, the distinct possibility that Mr. Forrest may have been involved in substantially more FORREST, Warren – DOC # 287319 Page 6 of 7 criminal activity. He remains a person of interest for several unsolved missing persons cases in the Clark county area and his unwillingness to “fully disclose” had a significant impact on his participation in the SOTP. It also made it difficult to conduct a comprehensive hearing. Mr. Forrest’s attorney indicated that there was an unwillingness to fully disclose due to his client’s “self-preservation.” We do note that Mr. Forrest did successfully complete the SOTP. When discussing his offending cycle in treatment his summary indicates, “Mr. Forrest was constantly preoccupied with offending and his decision to offend was related to his ability to find a victim whom he could isolate.” He explained that the shortest period of time between offending was probably five days, and could have been sooner if he had found a victim to offend in a shorter period of time. Mr. Forrest disclosed that he was triggered to offend when he observed a woman who was alone or saw a female hitchhiker. He reported that “some of the victims he offended were attractive and other victims were average looking.” The treatment summary also indicates, “Mr. Forrest discussed that he offended 17 different female victims during 16 different incidents. Mr. Forrest mentioned that his victims ranged between ages of about 15-30 years of age. He disclosed a variety of activities including voyeurism by peeping into a woman’s restroom and watching her change one time. On another occasion he offended a group of female teenage victims by engaging in voyeurism as he watched them swimming naked in a river. Mr. Forrest engaged in violent and sadistic behavior including penile/anal, penile/vaginal, and penile/oral rape. He placed pins in a victim’s breast; inserted a plastic tube in a victim’s vagina; tied up victims and “slapped” victims. Mr. Forrest shot one victim in her breast with a gun that fired darts and he stabbed a victim in an attempt to murder her and left her to die. He admits to choking one victim to death. He has described using verbal threats, a gun, a knife and a rope to control and offend against his victims. He disclosed that during his first year at Western State he engaged in voyeurism about five times as he secretly observed female patients bathing. FORREST, Warren – DOC # 287319 Page 7 of 7 Mr. Forrest’s therapist testified that he would not fully disclose on what violence may have occurred on unadjudicated victims and that other problems resulted from his not fully discussing violence in other victims and or exploring his homicidal behaviors. Mr. Forrest testified that he made significant changes during treatment and gained significant knowledge allowing him to be confident in his interventions. He stated that his deviant fantasies had stopped years ago and does not believe he presents a threat to reoffend. To Mr. Forrest’s credit, he did attend treatment and made some progress despite the limitations of his disclosure. It is understandable that Mr. Forrest is reluctant to be more forthcoming about other criminal behavior for fear of additional prosecution. The Board believes that all things considered Mr. Forrest presents too great of a risk to consider for release at this time. DT:is March 26, 2014 cc: Institution Warren Forrest File Rich Linn, Attorney