City of Kent v. Sandhu, 159 Wn. App. 836, 837 (Wash. Ct. App. 2011)
Feb 07, 2011OUTCOME: Case Dismissed
Defendant's trial had previously been rescheduled when a witness, the alleged victim, was absent without a reasonable excuse. When the witness was not present at the later date, the municipal court jud ... ge granted defendant's motion to dismiss. The city appealed and the trial court affirmed. The court granted discretionary review and also affirmed. The witness had a history of disregarding her obligation to be in court. The municipal court judge was not obliged to believe that the witness was on her way. The prosecutor contributed to the uncertainly about whether the witness would appear by putting the witness on call instead of directing her to arrive at 9:00 a.m. as the subpoena ordered. Proving the case through other witnesses was not an option. Although the city insisted it was not seeking a continuance, the city wanted the municipal court judge to wait for the witness to be available. A continuance had already been granted once when the witness was absent without reasonable cause. The court found no abuse of discretion in the dismissal of the case against defendant, for purposes of Wash. Crim. R. Ct. Ltd. J. 8.3(b).
