Judge Robert S. Lasnik

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

 

ROGER W. KNIGHT,                                    )

                                                                        )

                                    plaintiff,                        )           No.  C02-879L

            v.                                                         )

                                                                        )           SECOND SUPPLEMENTAL

CITY OF MERCER ISLAND, ALAN            )           DECLARATION BY ROGER W.

MERKLE, Mayor of Mercer Island, RON       )           KNIGHT

ELSOE, Chief of Mercer Island Police,             )

LONDI K. LINDELL, Mercer Island City       )

Attorney, WAYNE STEWART, Assistant        )

Mercer Island City Attorney, FRED                  )

STEPHENS, Director of Department of            )

Licensing, DENNIS BRADDOCK, Secretary  )

of Department of Social and Health Services,   )

GARY LOCKE, Governor of Washington,       )

and SUPERIOR TOWING, a corporation        )

doing business in the State of Washington,         )

                                                                        )

                                    defendants.                   )

____________________________________)

 

            I ROGER W. KNIGHT, declare that:

            On January 17, 2003, I attended a remand hearing in King County District Court, Bellevue Division for City of Mercer Island v. Knight, Nos. MIC 84199 and MIC 84268.  Wayne Stewart represented the City, and I represented myself.

            Judge Janet Garrow read the remand paperwork and said that the convictions were reversed on appeal.  She asked Mr. Stewart if the City was ready to proceed.  Mr. Stewart answered that the City was not going to proceed and moved for dismissal without prejudice.

            Judge Garrow asked me what my position was on the City’s motion for dismissal.  I responded that I respectfully request that the dismissal be with prejudice and that the appeal bond be exonerated.  I asked that if the City was so kind to have paid the $50.00 in costs awarded to me by King County Superior Court, I would like to have that money too.

            Judge Garrow granted the dismissal with prejudice and ordered the appeal bond exonerated.  Judge Garrow said that the award for costs on appeal was a Superior Court issue and she was certain that the City understood its responsibilities there.

            No evidence was entered into the record by the City of Mercer Island on remand.

            I have yet to receive the $50.00 awarded by the Superior Court at the time of this declaration.  After the hearing the clerk told me that there was no paperwork for me to pick up, the order of dismissal and bond exoneration was being entered in to the Court’s computer and that I should receive a check for the appeal bond “within a couple of weeks."

            I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Dated this 17th day of January, 2003, in Seattle, Washington respectfully submitted,

 

                                                            ____________________________________

                                                                        Roger W. Knight, pro se

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