Editorial: Our Own Sophie's Choice

We have always pressed for legal and responsible government in Sultan because we believe in the law. Without it, all of us would revert to the base animal behavior that society has, for the most part, overcome. But because of the way they are written, it seems our laws are increasingly making prisoners of us all, and it is often made worse by court interpretation when these laws are challenged.

A recent example is the legislative result of U. S. District Court's Judge William Dwyer's injunction to improve conditions and treatment for civilly-committed sex offenders on McNeil Island that punitively fined the state, the current amount of which is approximately $6 million. Because of this decision, the Legislature was obliged to author a law that encroaches upon the Constitutional right to freedom and the pursuit of happiness of 99.9% of Americans. This legislation upholds convicted sex offenders' Constitutional rights by mandating they be released into the community at large. But when a mother cannot confidently place her child to play in their own fenced and secure back yard, who is the prisoner and who is free?

Although well intentioned, this law was not well-written. It is Swiss Cheese legislation that allows for loose interpretation in its implementation and enforcement. In trying to adhere to the intent of the law (i.e., let's not tread on the rights of sex offenders), our state has given its people a Sophie's Choice: Do we mindlessly and obediently follow a law we find soulless, the results of which could be horrifying in its consequences? Or do we use every means of wit, writ and will by which to fight a demand we find morally reprehensible?

These are some of our thoughts over the last few months, especially since Sultan's review and decision on the SCTF ordinance, combined with recent knowledge of a personal enigma we must face, and solve, if we can.

If you live long enough you get to see an irony of life that comes to many -- exhibited by God's sometimes questionable sense of humor -- when the beliefs and ethics that have guided your lives become new dragons to face rather than dependable age-old allies.

So it is with Ray and I.

Ray's brother is a Level III sex offender. After an eight-year term, he is scheduled for release in April, 2003. His acts have never been of a violent or, even forceful, nature. But in yet another ironic twist, this also means that unfortunately he will not qualify for placement in an SCTF which would keep him relatively secluded with at least a modicum of state-promised security from the general public. This presents us with our own personal Sophie's Choice to make: We can do the "right" thing as a family by taking him in with the hope that he can become a useful member of society, but by doing so put at risk a community and its people we have grown to know and love, or set him adrift, as most offenders are, into an as-yet-unknown community permeated with enmity that will, in all likelihood, force him into a homeless situation and putting the public at an even greater risk. There are no solutions here, only cries of outrage and pain from all.

His therapist tells us that 8 out of 10 sex offenders being released into the community have no family support whatsoever, and most will end up on the street. These are the ones who pose the greatest risk, since they are unidentified and can therefore reoffend almost at will.

We were also told that stringent scrutiny is given following their release, both for security reasons and to monitor their progress in treatment. New techniques similar to aversion therapy are being used in their treatment, which have had good success in reducing the recidivism rate. A baseline polygraph is taken before their release, with follow-up testing after placement to observe their ongoing state of mind and thought patterns. The purpose being to allow intervention prior to a re-offense if trends indicate a problem.

Of course, none of this is reassuring to the hapless family who finds their newest neighbor was recently a resident of the Twin Rivers Correctional Facility. That is a true lose-lose situation, with the only upside being that the offender isn't wandering the streets, unidentified as an offender, without support, treatment or resources, and worse, without scrutiny of his movements and activities.

Although our hope is that this will be a temporary living situation for Ray's brother, the reality is that it may have possible long-term ramifications to families in the vicinity of our home. Although the area is rural (minimum 5 acre lots), many young girls live nearby who may be at risk without proper supervision or education as to his presence and our oversight of his activities. We have therefore taken steps to communicate with some of our closest neighbors, and have held a meeting with local parents, with more planned as needed or requested. We have also met with Sultan School Superintendent Al Robinson and VOA's new Sultan Director Lynda Plummer, and have spoken with Chief Fred Walser, to advise them in sufficient detail so they can respond appropriately to inevitable questions from concerned or frightened parents. Just prior to his release, there will be public meetings sponsored by the sheriff's department and perhaps other government agencies, in addition to flyers distributed and postings with his face, name, citation of his history and risk factors for the community, and his location. This will not be easy for anyone, but we will do whatever we can to help ease the situation.

One obvious question for Sultan residents to ask (indeed, it has already been raised in our local meeting with parents) is, "Define 'temporary'." A question to which we -- perhaps more than anyone -- wish we knew the answer. Our goal is to try to get him back on his feet and find him a job so he can find a place to live wherever he wishes within the restrictions imposed by law. But he has not worked at a full-time job in over 16 years, and thus, this is problematic, at best.

Another obvious and understandable question for people to ask is: "Why didn't you say something before now?" It wasn't until the first part of November that we learned he had been classified as a Level III offender with an estimated April, 2003 release. Previously, it was our understanding that he would be kept an indeterminate time period, pending his progress in treatment. Now we believe that in a rush to comply with the court's mandate, offenders are being pushed through treatment to be released as quickly as possible to verify the state's compliance with the court's injunction, thereby presenting a case to have the punitive fines lifted or waived.

The political fall-out that will result from our communication of this situation is that it will provide manna from heaven to our foes in town, a political club with which to bludgeon us in order to detract from our pro-law accountability activities. And despite the reality that neither Ray, his mom, nor I have done anything illegal, immoral or even improper, it is common for those of ill will to lift themselves up by putting their enemies down. The loudest expressions of outrage will be propelled by those who see themselves as "victims" of our activism, using this as an opportunity to fan the flames of a situation that, by its very nature, could become a flash fire even without any help from them.

Although the presence of Ray's brother in our home could effect everyone in Sultan, as our numerous opponents have endlessly pointed out, we "do not live within Sultan's city limits or even operate a business there." It will therefore most especially affect those families bordering or proximate to our five-acre parcel. So we'll be working with them in the hopes of crafting a solution that will be acceptable to all, if not exactly pleasant.

This is a burden we hoped would never come to us, nor to Sultan. Nor, for that matter, to the people of Washington State. We believe an equitable long-term solution must be found to this, and other "liberty and the pursuit of happiness" issues, that will allow controlled freedom to those who have served their sentence, without imprisoning those who are innocent. But for now, unfortunately, the only choice the state and federal government has offered us is Sophie's Choice, and that is a truly an impossible one.