•• '.s· IN THE SUI?ERIOR COUHT OF THE STATE OF WASHINGTON TH AND FOR THE COUNTY OF SN0HOM1SH TnE STATE OF WASHINGTON, NO. 88-1-00595-2 Plaintiff, STATE'S MEMORANDUM IN S!Ji?PORT OF EXCE?T!ONAL vs. SENTENCE CHARLES S. _, C'· :> ""'C.-< GRE~E~ '~ - ---~? Jefendant. -:. -<. ~ ·: n ::, ( 1939 the On February d~fenda~t - ....., - - ~ "' q •. ...- c ..... ~ .:_ = First 1)-egreP Statutcry Hape and two count.:::: e;f rt1decent&,Q Attempt~d Liberties. The standarj 3entence range is 30.15 - 40.5 mo~ths. The StatP is aeking this court to impose an exceptional sentence of 60 months in pr:son. ~SW 3.~4.:20!2} permits a sentencing c0urt to sentence outside the standacd range if there are substantial artd cnmpelling reasons for justifying an exceptional sentence. The Sta~e cites future dar,qer t·o dS aggravating factors the defendant's soci~ty and the fact thdt the defendant was in a posltlon of authorlty over two of the three victims at the time he molested them. FUTURE DANGEROUSNESS State v. Olive, 47 Wash.App. 147, 150 {1987}, provides that !:uture da~gerousness acts or other exhibited b-y a lengthy history of similar ~orroborating exceptional sentence. evidence is a proper basis for an In Qljve the court held the sentencing Court properly considered the defemlant 's prior arrests for indecent exposu:ce and peeping; and for additional corroboration 1 ~-, ......' ~ ... -. of the defendant's future dangerousness, the sentencing c:ourt properJy considered the defendantfs statements and their indication of the defendant's well-entrenched sexual deviancy. J.d. at lSO. rn th~t 3tatP-:__Y~ Tuneil, 51 Wash~A~p. 274 (1988), the court held the fact that the defendant is less amenable ta treatment was a t:roper consider~d def·~ndant bas;s fer :tind.tng future dan·.;e·rousr.ess. '!'he factors by the sentencing court in determining that the -.,:as not '.tery «menable to !:reatrnent were his refusal to ack.Lo~ler!ge- his deviancy, which wa::: exhibited by the defendant •s Alt_g.rd plea; att:e-mpt:E at deception during a polygraph e-xam, r~luctance to enter t.reatmentT A-nr:! the opin.(or. r1£ mental heal tb expert:s that th~. detendant would be difficult to treat. rd. at 283. In the ca.se: a.t bar, Grewe has a lonq t1istory of complaints ot se~ual misconduct with minors that dates carrot:cratior~ of his future dangerousness ~hack l is,~:the to l9l31, 'Jther great efforts {! Grewe h.-:ia made to criticize the children whet, h.ave accused him and to garner support for himself as one who is ;"wrongly accused." And despite the loss of Boy Scout Troop lead,r3hlp in 1981, suspension from the Boy s~outs in 1988, and the threat, and eventual reality of losing his job in 1988, the defendant continued to molest children. The defendantJs behavior has -,;· clearly shown t1e is a future threat to chlldien. There are police reports dating back to 1981 involving the defendant's sexual contacts with minors. rn,addltlan to th~ four children involved in the trlal of this matte<, there are eleven 2 Hrhen nave tn the police: mar Hr. Gzehe has me; Lalked vuth uncut zonz, and/or fax tnurhed Lhem ..--. 5 srxual mannet. Five of Zhase ldren were victizns cf 'm:nU\q or spa.-xxir.-g on or inner thiqw. The Assmut snug>>. ditr respect L: Lhesc ch Later: wexe d\s;IuS;ed 59:! these felony coniictxuns <<> out and asked - tu "play" uuth zncident was sun was .3 zmsad )1 may L939. Before .he uss ta . route at Suva: --cd'2 'is nuts, he was :5-mnved firm-.1 '1-zscefle ms routzz for h.s concac: am>> The dei::r.lanE' emplwicrand told him use :0 :r:ur:n Lne at an. 'Has '/eats old at the rune 2 related that Grave tzuched and patted hun a lot 1.-ihed mm Sexually {elated quesuons. 2 mm ms muchez [hat Grew: 531;! "Do you like pa;/s or 91:15 mate? Diane you ewe; wonder sma'. duuld bf'. to as toushed by A Etlend?" 92:0: to 7H1: one day Grave askzd 2 to stay Lhr' Hne after all oi the other students had alxeady guLL2rI uif. Glove puucd the bus the xnafi just out of sight oi' house and talked with mm about 10 minutes about his zothe-z reported that at (nae as very excited -:nat someone was in to him abmzt his c:nzr:i1, LS an uupoxtant part of 2 1.52. The sexually zelatzd qu-:5t:cn3 were a ma . rusty 25. use and the maiden: 5115519593 The following three ocrunrnz' at the Fizz Muuntaxn scu: C.xm;: an Gzewe W42 Fay Ceun? am-. suxm 'was laazninq 51511:>> the my 9: team' related that vhvr. me, are "are: 'l\1:ing 5 Sam: lesson Grew>>: h.3 .1 at and goked ram the 1.9 was back Szuuae adltl ya we yaux 2 -1-mxhed a 2 Eran: fiaat' we -es: ans: um, 'Sa1d, "1 -'as and nezlsus, ant': nc came up and me Jud pm. 3.111 arms atzund me and asked AE I I lhefi and km: of sad am: ma-'3. was 31'; 111535121' immerhat 13, 1955, Hnen the boy scuut aJet was um why want to go tn sqair. 'also that 357. and was one of 'Has 11 year at the nme. Ila [elated he the pu|:Ce cm: szeue asked m, -no you want La screw? I?'s jun mu 3 thumb up your butt." The nut day 'via: um' cum at saw. Lave: v\t.X\ ms 121.-.51 -- Aura:-ting ta 'I:-rev: mapped his pants and ezpasea mseif aftex calkinq zu ahaut The nu um Grew/e told them atczies About ejacukatifig, and 215.': said "Ead ,,.op1e r:-:I1r1 up ranfhiencz an them and next;-1 you son: your me 'and 2 am nu: 'haclcse these uxcizierts -mtil 1925, when artici 4 contacts win'; 'he Lake Tn 393; GIEHE was a Boy Econ: amen meal ..axe Fue :ea.x. 1140 .uys i tr-gr. Eras; mused Lh-it . hem thaix genital ar-as. ;_-zci uner: he 2 .2 were the pnoirsom, they Lalitett mime tim-2 to gel. rus Sagie ram. Then Grin-Ie sLazte=d "'5-alxx' an, it wiLl be between and me." 2 am he qa: nmvauz and embarrassed. Grewe Lan put {us hand on ms rngh: and 1 ma.--m but 'fl1sI:1r:5ed the incident ngnc, away mun -W35 14 years old at tn. -me. 2 pazents qu-manned annex bays me anything .m had happened, and--sa1d Grave had cuuctma him down in his private parts Jnce when they were aluna at the Pin: Department oznce, Grave was helping him mark an a may ans' swam, All of the inf-Jrmafian regarding Lnese Incidents was pxavmed to the defense in ruscavezy. All nf them have been reported to pallet. um. caulk: during the axe Hearsay Hzarinq. It is anticipated that the defendant sLi1l denlas all of 25-: incxdents, as he has Senied an aueqarmns swxua} abusa that have {men lodged against him since 19511. history of Gtewc's attempns in have sexual mean lriren a wellw?ntzanchazi sexual that thtfiat ta the community. EVDII Ch? Van removed Eran: an: bu! route and Verna'; 37 :12: employer ma :3 Tourh Childrv-n an the :7 he EuntLnuEd with Dahavtax 'JnL1l he was caught aqeAn. Tha as mam; ms empxoymen: was not 9 enough threat to man. Hr. {Steve cnanqe ms uahavioz. Back in -.951 he z'es;qned Eram his Boy scou-. hoop. In nazcn of nae he has suspended [tom membership \n the any Scouts of .esn. xxlcidents nari an aiiect an ms behavior. Steve has steadfastly G?niai and Has m-var sou hilp Ea: his sexual. deviancy. Instead he has ccntinued to place hxmsilf in pasxtiuns where he is close Lo chiidzen. most of his -adult he has vo:ked as a school bus driver, daspxte the sac: that he his 3 CCXIEQE daqzee. He has wnzked with the Elcry Siuucs sxnce at least 1951. At tual he testified he has mzxga with cmmzen -at the Red cxoss. the 'man, and with his chuz:h'5 yauth gmup. Whan he's at home, Grel-'9 Invites the neigntaozmwd children ever to play. And further, the defendant has admitted he .5 very "playful" wun respect to children, and oscen them and pxays "poking games" with them. In short, nu snmsadcs that he lzoucmaz children a great deal. W): nnzy dun: Grewe deny the current but he it qzs-at about what. bad children ms victims were. He manufactured mscipllnazy pzoblems "writt- Jps" with respect to "now. of the guns on the bus that. hate tebutted 5; cuhk: who :0-is Lha: bus. In 2 tn: --u'zm me not zeta!) 4.1 when: sums: of tn-:5-3 guls <. pases a future threat tn children because he has a a[ shaman incidenta, has gene to qreaL surround numxs uxzh has gem beyond ample denlal ta accuse ms victims at various kind: as used, and despxte the xesults of pzevxauz dxs:!osures, anus ra;. made no efl :t to modify ms behavior. pom ma nr AUT Rwy the State asns {at an sen: um aver -- me heir.' fact that a trust and can me 'fie vzccim to gain astess to me victxm was A pzope': reason E3: an axceptinmal State via, +3 :43 gaze; quppans this position. was the re: fox nath of chase gum, us was E11: mm Lu and (rum everyday. Wuir: P15 were on bus, he nae '.ha authurxfy discipline them and tn: zesponav.-ihzy tr ensure He Em.-sad ms by taking advantage cf lhe day :21 mun, 1959. CIUWB Deputy Pxusecut, Attorney