Story Published:
Jan 28, 2008 at 10:46 PM PDT
Story Updated:
Jan 28, 2008 at 10:46 PM PDT
By
Associated Press
SEATTLE (AP) - Allan Parmelee has a lot of time on his hands - another 19 years, for having the cars of two lawyers firebombed. He's using it to dig up information about the people who sent him to prison, including judges and prosecutors, as well as pretty much every other public employee he's encountered in his legal odyssey.
But his hundreds of requests under the state's Public Records Act have become so numerous, and so creepy, that King County Prosecutor Dan Satterberg has taken the extraordinary step of asking a judge not only to let his office ignore Parmelee's pending requests, but to bar him from filing any more with the prosecutor's office in the future. Superior Court Judge Glenna Hall is scheduled to hear arguments Tuesday in the case, which tests the limits of the state's disclosure law.
"I am a proponent of open government, and I am very familiar with the Public Records Act and its underlying philosophy," Satterberg wrote in a declaration. "I do not bring this petition lightly. However ... Allan Parmelee has a long history of using the Public Records Act to try and intimidate and harass my deputies and other criminal justice system employees."
Parmelee, whose criminal history also includes convictions for harassment and stalking, was convicted at his second trial in 2004 of first-degree arson in the firebombing of a vehicle belonging to his ex-wife's divorce lawyer in 1998, and of a vehicle belonging to a lawyer who represented his roommate's ex-girlfriend in 2002. His first trial ended in a mistrial because he was found to have personal information about the jurors, one of whom reported receiving a phone call from him.
While in prison, he has sought records - such as addresses, photos, pay, schedules, professional histories and birthdates - of thousands of Washington State Patrol troopers and state Department of Corrections staff, Satterberg wrote in court papers. Several requests since last October seek information about everyone in Satterberg's office, and in particular photos and personnel records of three deputy prosecutors who handled his cases. He's also seeking video or other electronic images of two Superior Court judges - including Julie Spector, who sentenced him to 24 years - and two court commissioners.
In addition, he has asked the state attorney general's office for records including "working hours, schedules ... (and) photographs in color" of eight current and former assistant attorneys general. In a phone conversation, Parmelee told one, Brian Maxsey, that he might pay a visit to his house; another, Sara Olson, received a letter from Parmelee that referenced the firebombings and said she was acting "so unprofessionally (as) to invite some similar response."
The state has won previous orders against disclosing specific information to Parmelee, such as photographs of Corrections staff, but for an agency to seek to bar someone from exercising his rights under the Public Records Act is "extraordinary," said Seattle open-government lawyer Michele Earl-Hubbard.
Much personal information under the law is exempt from disclosure, she said. But if information is public, it's public, and agencies can't decide to release it to one person and not another. Furthermore, there's no limit on how many requests someone can file.
If Parmelee is using the information obtained to harass or stalk people from prison, the state can prosecute him for that, Earl-Hubbard said.
"The reality is, Parmelee won't get those records," she said. "Why stop him from having the right to ask?"
Parmelee makes many of the same points in response to Satterberg's motion, arguing that an agency cannot consider the person requesting when it decides whether information must be disclosed under the law.
An agency or public employee may seek a court order blocking the release of certain information if that disclosure - though otherwise allowed under the law - is not in the public interest.
Brian Moran, the state's chief deputy attorney general, said Monday that his office is still collecting information that might be responsive to Parmelee's request, but that no decision has been made about whether to seek an injunction. He said he could not foresee withholding documents that are clearly public records, such as information about how much someone is paid.
Several of the assistant attorneys general whose records are being sought said they would like to see their office seek an injunction. Maxsey, who now works in New York, said the law does not appear to contemplate court orders barring people from filing public records requests in the future, but on the other hand Parmelee "is a dangerous guy."
"He is motivated by bad faith in seeking these documents," Maxsey said. "He's doing it to harass me and harass everybody else."