Appeals Court Upholds Conviction of Purse Snatcher
The Court of Appeals in Seattle has upheld the conviction of Oliver C. Christensen in connection with the robbery of Wilma Loeb’s purse on the evening of October 24, 2000. Ms. Loeb, a retired teacher from Oregon, was visiting Friday Harbor with a friend.
"The Court had no trouble finding the jury had ample evidence which was produced at trial to convict Christensen. He was placed at the scene by his co-defendant, Chris Kean, and also was seen by a police dispatcher on her way home from work," said Prosecutor Randall K. Gaylord.
Gaylord wants to thank Bellingham attorney Phillip Buri, for his excellent work on this appeal. Gaylord said the case paved new ground in the criminal justice field because of its analysis of the Washington Privacy Act.
The Court upheld the use of a speakerphone function at the base of a cordless phone to intercept a private conversation. The evidence in the case included the testimony from the mother of Christensen’s girlfriend. The mother used the speakerphone function to monitor a conversation between her teenage daughter and the defendant. In that conversation, the defendant identified the terrain where the purse was located.
According to Gaylord, because the device was only used to listen, and not to record, there was no violation of the Act. The Court found it was irrelevant that the daughter had taken the handset to her bedroom for a private conversation.
The Court also found that the Prosecutor did not err in filing the charges in adult court. The defendant was 17 years old at the time of the incident, and turned 18 years old 47 days later. During these 47 days, the Sheriff learned more about the crime and evidence pointing to Christensen. Christensen was questioned by the police and denied involvement.
Christensen was charged several months later after the co-defendant, Chris Kean, agreed to testify against Christensen. The Court of Appeals concluded there was no deliberate or negligent delay in making the charging decision.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101