ERLE from: Prosecuting AttomeyUane VettoWetto Declar-Resp 0

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f%E-FILED

11-08-2016,15:54Scott G. Weber, Clerk

Clark County

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONIN AND FOR THE COUNTY OF CLARK

STATE OF WASHINGTON, No. 16-1-01503-4

v. DECLARATION OF JANE E. VETTO

BRENT LUYSTER,

I, Jane E. Vetto, under penalty of perjury, declare as follows:1. I am over the age of eighteen and make this declaration based on personal knowledge.

2. I am a Deputy Prosecuting Attorney in the civil division. On September 1,20161 was

informed that Mr. Luyster's defense counsel were seeking to meet with him unshackled, and

was asked to prepare a release of liability for the SherrifFs Office.(CCSO)

3. On September 2,20161 prepared draft a release and sent it to CCSO, which then forwarded

it on to defense counsel for their review. I did not hear back until September 20,2016 when

I was asked to contact attorney Robert Yoseph regarding some changes he wanted made to

the draft release. That day I called and spoke with Mr. Yoseph regarding the draft release.

He told, me he didn't like that the hold harmless referenced "the period of time that is the

subject of this agreement." I pointed out that the period of time subject to this agreement iswhen he is meeting his unshackled client. He still wanted the language revised, so I asked

Declaration of Jane E Vetto -1 of 2CLARK COUNTY PROSECUTING ATTORNEY

CIVIL DIVISION1300 FRANKLIN ST., SUITE 380 • PO BOX 6000

VANCOUVER. WASHINGTON 96666-6000(360) 397-2478 (OFFICE) / (360) 387-2184 (FAX) 110

KRW

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him to propose new language. He suggested replacing it with "When meeting with Mr.

Luyster during the course of my representation."4. That same day I revised the release language per Mr. Yoseph's request and sent the

amended release to CCSO for their review. The amended language was approved and 1 sent

the release it back to Mr. Yoseph on September 21,2016.

5. On September 21,20161 received an email from attorney Ed Dunkeriy stating he wanted the

"benefit" language removed because defense counsel was not receiving a benefit. I

explained the "benefit" was the unshackling. Mr. Dunkeriy then requested that the holdharmless language be limited to only "volitional acts" by Mr. Luyster. As restricting liability

to subjective factors did not appear to be in the best interests of my client, I requested defense

counsel accept the releases as written or the petition the Court for an unshackling order.

6. I did not hear anything further about this matter until November 2,2016 when our office was

served with this motion.

7. Attached as Exhibit A is a true and correct copy of the emails I sent and received from

Mr. Yoseph regarding the release.

8. Attached as Exhibit B is a true and correct copy of the emails I sent to and received from

Mr. Dunkeriy regarding the release.

9. Attached as Exhibit C is the final draft release sent to defense counsel for signature.

«£uDATED thisX__ day of November, 2016 in Vancouver, Washington.

■ r * - * * - $ \ ) . c f c f c bIan* E. Vetto

Declaration of Jane E Vetto - 2 of 2CLARK COUNTY PROSECUTING ATTORNEY

CIVIL DIVISION1300 FRANKLIN ST.. SUITE 380 • PO BOX 5000

VANCOUVER. WASHINGTON 966864000(360) 397-2478 (OFFICE) I (380) 387-2184 (FAX)

EXHIBIT A

Vetto, Jane

From:SentTo:Cc:Subject:

Vetto, JaneWednesday, September 21, 2016 9:48 AM'J.R. Yoseph'Dougher, Paul; Bishop, Ric; Home, Chris; Smith, JamesLuyster hold harmless

Bob,

The language you requested has been added to the hold harmless. Please let me know if you wish to discuss further.

Thank you,

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil DivisionClark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

Vetto, Jane

F r o m : V e t t o , J a n eS e n t : W e d n e s d a y , S e p t e m b e r 2 1 , 2 0 1 6 8 : 1 8 A MTo : ' J . R . Yo s e p h ' ; D o u g h e r , P a u l ; B i s h o p , R i cC c : ' E d w a r d D u n k e r i y ' ; H o m e , C h r i sS u b j e c t : R E : C o r r e c t H H i n P D F

Bob, I sent the amended hold harmless with your suggested edits to jail command staff for their review. I will let youknow when I hear back from them.

You and I did not discuss any access issues; if you have not already let command staff know your concerns, please letme know what they are, and I will relay.

Thank you,

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil Division Clark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

—Original Message—From: J.R. Yoseph [mailto:jryoseph@jryoseph.com]Sent: Wednesday, September 21,2016 7:37 AMTo: Vetto, Jane; Dougher, Paul; Bishop, RicCc: 'Edward Dunkeriy'Subject: RE: Correct HH in PDF

Good Morning:

Any word yet?

There is also the issue I addressed yesterday afternoon about Defense Team access to our client.

I am happy to make some accommodation such as pre-scheduling visits or any other reasonable means to insure accessto the client.

TIA

]ry

—Original Message—From: Vetto, Jane [mailto:Jane.Vetto@clark.wa.govlSent: Tuesday, September 20,2016 9:00 AMTo: Dougher, Paul; 'J.R. Yoseph'; Bishop, RicCc: 'Edward Dunkeriy'Subject: RE: Correct HH in PDF

Vetto, Jane

F r o m : V e t t o , J a n eS e n t : W e d n e s d a y , S e p t e m b e r 2 1 , 2 0 1 6 1 : 4 9 P MT o : ' J . R . Y o s e p h 'Cc: Dougher, Paul; Bishop, Ric; Anderson, Mike; Home, Chris; Smith, James; 'Edward

Dunkeriy'S u b j e c t : R E : L u y s t e r h o l d h a r m l e s s

Bob,

The benefit is that, per your request, CCSO agrees to have your client unshackled during your visits absent a courtorder. Without this language, we don't have an enforceable agreement, and you will need to get a court order to haveMr. Luyster unshackled during your visits. Please let me know how you wish to proceed.

Thanks,

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil DivisionClark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

From: J.R. Yoseph rmailto:irvoseDh@iryoseph.com]Sent: Wednesday, September 21,2016 1:43 PMTo: Vetto, JaneCc: Dougher, Paul; Bishop, Ric; Anderson, Mike; Home, Chris; Smith, James; 'Edward Dunkeriy'Subject: FW: Luyster hold harmless

My co-counsel made some changes. His reasoning is below.

Sorry here it is - there's no "benefit" to us

Edward LeRoy DunkeriyAttorney at LawWSBA# 8727OSB# 922871014 Franklin Street #24BVancouver WA 98660360 607-9243

This is the version that the Defense Team is willing to sign. I think it gives everyonewhat they need.

Please advise so we can begin unencumbered visits with our client.

TIA

Vetto, Jane

F r o m : V e t t o , J a n eS e n t : T u e s d a y , S e p t e m b e r 2 0 , 2 0 1 6 9 : 0 0 A MTo : D o u g h e r , P a u l ; ' J . R . Yo s e p h ' ; B i s h o p , R i cC c : ' E d w a r d D u n k e r i y 'S u b j e c t R E : C o r r e c t H H i n P D F

Bob,

I can call you today to go over your concerns with the waiver. I need to attend the County Council meeting thismorning but I should be available any time at 1:00 pm. Please let me know what number/ time to call.

Thank you,

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil Division Clark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

—Original Message—From: Dougher, PaulSent: Tuesday, September 20,2016 8:50 AMTo: 'J.R. Yoseph'; Vetto, Jane; Bishop, RicCc: 'Edward Dunkeriy'Subject: RE: Correct HH in PDF

There isn't much I can do here. I have sent this on to Jane to see if she will work with you guys to create another waiverof some type. Chief Bishop wants the waiver. I am off on Mondays and in training this afternoon. I am available W - Fthis week.

—Original Message—From: J.R. Yoseph [mailto:irvoseph(S)irvoseph.com1Sent: Sunday, September 18,2016 1:39 PMTo: Dougher, PaulCc: 'Edward Dunkeriy'Subject: RE: Correct HH in PDF

Guys:

We need to get this meeting organized.

Is Vetto going to attend. I do not want to have to wait another two weeks for an answer.

Paul, Sunday we went to visit Brent. His cuffs were on so tight that the custody staff had to loosen them when they gotto Ed and I in the room. We did not ask that they be removed because of the waiver issue. Then custody staff locked us

EXHIBIT B

Vetto, Jane

F r o m : V e t t o , J a n eS e n t : W e d n e s d a y , S e p t e m b e r 2 1 , 2 0 1 6 2 : 0 4 P MT o : ' E d w a r d D u n k e r i y 'Cc Joe l Rober t Yoseph; Dougher, Pau l ; B ishop, R ic ; Anderson, Mike ; Home, Chr is ; Smi th ,

JamesS u b j e c t : R E : L u y s t e r h o l d h a r m l e s s

Again, please let me know if you agree as written. The County believes the terms included are required for acomplete, enforceable agreement. If you don't agree, you will need to move for a court order. Thanks.

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil DivisionClark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

From: Edward Dunkeriy fmailto:eldunkeriy(ayahoo.com1Sent: Wednesday, September 21, 2016 2:01 PMTo: Vetto, JaneCc: Joel Robert Yoseph; Dougher, Paul; Bishop, Ric; Anderson, Mike; Home, Chris; Smith, JamesSubject: Re: Luyster hold harmless

What about the "volitional" act language. I don't want some negligence on the part of the jail that results ininjury to us that was not the result of a volitional act to be waived, what if Brent get's some weird bacterialinfection that is misdiagnosed by the jail or just ignored and we catch it as a proximate result of the jail'snegligence resulting in injury. Whatever happened must be related to the unshackling, 1 still think the last part isoverbroad my example would be a result of meeting with him — not a result of his being unshackled.

Edward LeRoy DunkeriyAttorney at LawWSBA#8727OSB# 922871014 Franklin Street #24BVancouver WA 98660360 607-9243

WARNING: This email (Including any attachments) is covered by the Electronic Communications Privacy Act (ECPA), 18U.S.C. 2510 - 2522, is confidential and privileged. This email is solely for the use of the addressee(s) named above. Receiptby anyone other than the individual recipient is NOT a waiver of attorney-client privilege. Any violation of the ECPA is subjectto the penalties stated therein.

SPECIAL NOTICE TO CLIENT(S): If you are a client of this firm and this email is directed to you, DO NOT FORWARD to anyother party, or you could be waiving the attorney-client privilege.

NOTICE: The National Security Agency may have read this email without warning, warrant, or notice. They may do thiswithout any judicial or legislative oversight. You have no recourse nor protection save to actively petition your President,Congress and Senate, to revoke the USA Patriot Act (USAP Act) and any other laws that attack the 4th Amendment to the USConstitution, or to replace them through the election process at the earliest possible time.

Vetto, Jane

F r o m : V e t t o , J a n eS e n t W e d n e s d a y , S e p t e m b e r 2 1 , 2 0 1 6 1 : 5 6 P MT o : ' E d w a r d D u n k e r i y 'Cc: Joe l Rober t Yoseph; Dougher, Paul ; B ishop, Ric ; Anderson, Mike; Home, Chr is ; Smi th ,

JamesS u b j e c t : R E : L u y s t e r h o l d h a r m l e s s

Ok, we will leave as written - thanks.

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil DivisionClark County Prosecutor's OfficeTel: (360) 397-2478 ext 4783

From: Edward Dunkeriy rmailto:eldunkerlv@yahoo.com1Sent: Wednesday, September 21, 2016 1:54 PMTo: Vetto, JaneCc: Joel Robert Yoseph; Dougher, Paul; Bishop, Ric; Anderson, Mike; Home, Chris; Smith, JamesSubject: Re: Luyster hold harmless

Brent may be a third party beneficiary of the agreement but the benefit flows to the "system" of which we are apart in the form of better communication and effective assistance of counsel. If you really need need the"benefit" part we can leave that in, anyone with any sense would know that a better relationship with him goesto the process.

Edward LeRoy DunkeriyAttorney at LawWSBA# 8727OSB# 922871014 Franklin Street #24BVancouver WA 98660360 607-9243

WARNING: This email (including any attachments) is covered by the Electronic Communications Privacy Act (ECPA), 18U.S.C. 2510 - 2522, Is confidential and privileged. This email is solely for the use of the addressee(s) named above. Receiptby anyone other than the individual recipient is NOT a waiver of attorney-client privilege. Any violation of the ECPA is subjectto the penalties stated therein.

SPECIAL NOTICE TO CLIENT(S): If you are a client of this firm and this email is directed to you, DO NOT FORWARD to anyother party, or you could be waiving the attorney-client privilege.

NOTICE: The National Security Agency may have read this email without warning, warrant, or notice. They may do thiswithout any judicial or legislative oversight. You have no recourse nor protection save to actively petition your President,Congress and Senate, to revoke the USA Patriot Act (USAP Act) and any other laws that attack the 4th Amendment to the USConstitution, or to replace them through the election process at the earliest possible time.

On Sep 21,2016, at 1:49 PM, Vetto, Jane <Jane.Vetto@clark.wa.gov> wrote:

Bob,

The benefit is that, per your request, CCSO agrees to have your client unshackled during your visitsabsent a court order. Without this language, we don't have an enforceable agreement, and you willneed to get a court order to have Mr. Luyster unshackled during your visits. Please let me know howyou wish to proceed.

Thanks,

Jane E. VettoSr. Deputy Prosecuting Attorney, Civil DivisionClark County Prosecutor's OfficeTel: (360) 397-2478 ext. 4783

From: J.R. Yoseph fmailto:iryoseph@lryoseph.com1Sent: Wednesday, September 21, 2016 1:43 PMTo: Vetto, JaneCc: Dougher, Paul; Bishop, Ric; Anderson, Mike; Home, Chris; Smith, James; 'Edward DunkeriySubject: FW: Luyster hold harmless

My co-counsel made some changes. His reasoning is below.

Sorry here it is - there's no "benefit*' to us

Edward LeRoy DunkeriyAttorney at LawWSBA# 8727OSB# 922871014 Franklin Street #24BVancouver WA 98660360 607-9243

This is the version that the Defense Team is willing to sign. I think it giveseveryone what they need.

Please advise so we can begin unencumbered visits with our client.

TIA

jryosephThis e-mail and related attachments and any response may be subject to publicdisclosure under state law.

EXHIBIT C

Chuck E. Atkins, Sheriff

Hold Harmless Agreement

The undersigned requests the Clark County Sheriffs Office to unshackle both arms of my client, inmateBrent Luyster, during all meetings I have with him at the jail during the course of my representation. Ifully realize and appreciate that my client is accused of multiple murders, and further, that I amrequesting to meet with him without jail staff present while his arms are unshackled. I understand thatthis situation might result in my being exposed to danger of physical harm or injury. I neverthelessfreely and voluntarily accept these risks

I further understand that there all multiple members of the defense team assigned to Mr. Luyster whomay meet with him, and that the jail will unshackle Mr. Luyster for meetings with his defense team onlyif all persons present at the time of any meeting with him have signed this agreement.

Wherefore in consideration of the benefit to be received by me with the granting of the above request Ion behalf of myself and my family estate's heirs or assigns agree to hold Clark County, itscommissioners, Sheriff, employees, agents and servants harmless from any and all liability, claim, action,debt and demand of any nature to or by me for personal injury or property damage whether proximateor remote, sustained when meeting with Mr Luyster during the course of my representation of him. Ifurther state I am of lawful age and legally competent to sign this agreement and release and that Iunderstand the terms are binding on me and not a mere recital and that I have signed this document asmy own free agent.

I fully inform myself of the contents of this affirmation in release before I sign it

Date:_

Luyster Representative signature:

Luyster Representative printed name:

Address telephone number: