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Michelle Knotek is a former Raymond,
Washington, woman who was convicted in 2004 of second-degree
murder and manslaughter in the torture and deaths of Kathy Loreno
and Ronald Woodworth, who were both boarders in Knotek's home. Her
husband, David Knotek, was also convicted of the murder of his
19-year-old nephew Shane Watson, who lived with the Knoteks.
Michelle Knotek was sentenced to 22 years in
prison, which she is serving at the Washington Corrections Center
for Women in Gig Harbor; her husband David Knotek is serving a
15-year prison sentence at the Monroe Correctional Complex. The
Knoteks' crimes made national headlines due to allegations of
abuse and torture.
Victims
Kathy Loreno
Kathy Loreno was a hairdresser working in South
Bend, Washington, when she met Michelle Knotek, and the two became
friends. In 1991 after an argument between Loreno and her family,
Loreno moved out of their home and into the home of Michelle and
David Knotek. During her stay at the Knoteks' home, it was alleged
that Loreno suffered physical abuse.
In 1994, Loreno was reported missing by family
members. When interviewed by authorities, the Knoteks stated that
Loreno had run away with a truck driver and moved to Hawaii.
Michelle Knotek maintained that she and Loreno were in regular
contact.
However, a private investigator hired by
Loreno's brother concluded that she had probably been murdered by
Michelle Knotek. David Knotek claimed that Loreno died by
asphyxiating on her own vomit, but he did not take her to a
hospital or report her death to police because of the physical
injuries to Loreno's body.
Shane Watson
Shane Watson, born in 1975 in Tacoma, was
Michelle Knotek's nephew. Watson moved in with the Knoteks around
1993. Shortly after Loreno's disappearance in 1994, Watson
seemingly vanished too. The Knoteks initially claimed that Watson
had run away to Alaska to work on a fishing vessel. David Knotek
later claimed that he had shot Watson with a .22 caliber rifle.
Investigators alleged that David Knotek killed
Watson because Michelle was enraged that Watson took pictures
documenting the abuse of Loreno. David Knotek also stated that he
burned the bodies of Shane Watson and Kathy Loreno and scattered
their ashes at the beach.
Ronald Woodworth
Ronald Woodworth was a local man who went to
live with the Knoteks around 2001. Like Kathy Loreno, Woodworth
was also subject to severe physical abuse. Witnesses described
seeing Woodworth being forced to do chores outside wearing only
his underwear, and to jump from the second story roof onto gravel,
wearing nothing on his feet causing broken bones and severe
lacerations.
They also claimed that Michelle Knotek would
burn Woodworth's injured feet with boiling water and pure bleach.
Woodworth went missing in 2003. David Knotek later admitted to
burying Woodworth's body on their property after Michelle told him
that Woodworth had committed suicide. An autopsy performed by the
King County medical examiner proved that Woodworth's death was
murder.
Prison
The Pacific County Deputy Prosecutor stated
that Michelle Knotek showed "extreme indifference to human life";
Michelle was charged with two counts of first-degree murder in the
deaths of Kathy Loreno and Ronald Woodworth. David Knotek was
charged with first-degree murder in the death of Shane Watson; he
was also charged with rendering criminal assistance and unlawful
disposal of human remains.
Through plea negotiations, both Knoteks pleaded
guilty to lesser charges in 2004. Michelle Knotek entered an
Alford plea, in which she did not admit responsibility but
acknowledged the prosecutor's case against her. She pleaded guilty
to one count of second-degree murder and one count of
manslaughter. While an initial agreement with prosecutors would
have sent her to prison for 17 years, Judge Mark McCauley
sentenced her to 22 years in prison.
David Knotek was sentenced to 15 years in
prison for the second-degree murder of Shane Watson. He is
eligible for parole in 2019. The daughters communicate with him,
but not with their mother, because they believe any contact with
her would endanger them and their families.
Michelle Knotek later tried to have her
convictions overturned, but her appeal was denied by the
Washington Court of Appeals.
In the Media
The Knoteks' case has been featured on several
television programs, including Wicked Attraction, Sins and
Secrets, and Snapped.
Woman gets 22 years in deaths of boarders
Seattle Post-Intelligencer
August 19, 2004
SOUTH BEND -- Michelle Knotek was sentenced
yesterday to more than 22 years in prison for her role in the
deaths of Kathy Loreno and Ronald Woodworth, who were boarders in
her Raymond home when they died.
Knotek and her husband, David, were arrested
last summer when human remains were found on their property. After
Pacific County prosecutors decided they could not make
first-degree murder charges stick, they charged Michelle Knotek,
50, with second-degree murder and manslaughter.
In June, she entered a so-called Alford plea of
guilty to the charges, and reached an agreement with prosecutors
that would have sent her to prison for 17 years. In her plea, she
did not admit her guilt but acknowledged that a jury likely would
find her guilty.
Judge Mark McCauley yesterday sentenced her to
a term longer than that agreement -- 13 years and eight months on
the murder charge and eight years and five months on the
manslaughter charge.
David Knotek had earlier pleaded guilty to
second-degree murder in the death of his nephew, Shane Watson, and
is scheduled to be sentenced next Thursday.
Woman enters Alford plea in murder case
Seattle Post-Intelligencer
June 20, 2004
SOUTH BEND -- A woman accused of torturing and
killing two people who once boarded at her home in rural Pacific
County has entered modified guilty pleas.
Although she maintained her innocence, Michelle
Knotek acknowledged that a jury would most likely have found her
guilty of second-degree murder and manslaughter in the deaths of
Kathy Loreno, 36, and Ronald Woodworth, 57.
Looking pale and much thinner than she did at
her last court appearance several months ago, Knotek, 50, entered
her Alford pleas in Pacific County Superior Court on Friday.
Defense attorneys and prosecutors reached an
agreement that would send Knotek to prison for nearly 17 years,
but Judge Mark McCauley said he needed more time to consider it.
He delayed sentencing for 40 days, noting that he could send
Knotek to prison for 22 years without giving her the opportunity
to appeal.
Knotek and her husband, David, were arrested in
August after their daughters told police their parents had
tortured and killed three people at their farmhouse in Raymond in
the past 15 years.
About five months later, David Knotek pleaded
guilty to second-degree murder in the death of his wife's teenage
nephew, Shane Watson, in the early 1990s. He told prosecutors he
shot and killed Watson and also buried Woodworth's body after
Woodworth died.
Blood, hair samples are sought from Raymond
couple
The Associated Press
August 20, 2003
Pacific County prosecutors are seeking blood,
hair and fingernail samples from Michelle and David Knotek to help
determine whether they poisoned two people who died at their home.
The Raymond husband and wife are accused of
killing three people over the past decade, torturing and abusing
two of them to death. The third was shot, prosecutors say.
Prosecutors also want handwriting samples from
the Knoteks.
Pacific County Deputy Prosecutor Lori Miller
said in court papers that investigators found correspondence
attributed to the victims that they believe may have been forged.
Michelle Knotek, 49, is charged with
first-degree murder in the deaths of 36- year-old hairdresser
Kathy Loreno, who disappeared in 1994, and 57-year-old Ronald
Woodworth, who vanished last month. She has pleaded not guilty.
David Knotek, 51, is charged with first-degree
murder in the shooting death of his nephew, 19-year-old Shane
Watson. According to court affidavits, Watson was killed because
he had documented the abuse of Loreno with photographs. David
Knotek has not yet entered a plea.
Meanwhile, defense attorneys have asked that
Superior Court Judge Joel Penoyar be replaced, alleging he is
prejudiced, The (Aberdeen) Daily World reported. Penoyar noted at
one of the couple's early court hearings that he was a lawyer for
Michelle Knotek in a 1988 guardianship case involving Watson.
Defense attorney Scott Harmer, who is
representing Michelle Knotek, filed for the judge's removal last
Friday. A similar request was filed Monday by David Knotek.
The Knoteks are jailed on $5 million bail each.
Loreno, Woodworth and Watson all lived at the
Knoteks' home. Human remains, believed to be those of Woodworth's,
were discovered in the yard of the little red farm house.
According to affidavits, David Knotek said he
burned the bodies of Loreno and Watson and scattered the ashes.
Prosecutors have released few details of their
case, but Miller's motions offer some insight.
She told the court she believes that the blood,
hair and fingernail samples may show that one or both of the
Knoteks were poisoning their alleged victims.
"The facts of this investigation so far
indicate that some or all of the victims in this case were
chronically abused," Miller said, "and furthermore, investigators
have reasonable cause to suspect that the victims herein may have
been administered some type of poisonous compounds or medications
that caused the victims to be in a seriously compromised, weakened
state of health."
Miller also said David Knotek's employer told
investigators the man was having health problems before his arrest
Aug. 8. The employer told investigators that Knotek's performance
drastically deteriorated during the six months before he was
arrested.
Miller has refused to elaborate on what she
hopes to learn from the samples.
Investigators have searched the Knoteks'
residence on Monohon Landing Road and the former home of the late
James "Mac" McClintock, who died in February 2002 of a "blunt
force" injury while under the care of Michelle Knotek.
She told medics the elderly man had fallen. The
cause of that injury remains "undetermined," according to his
death certificate.
During the searches, investigators found items
belonging to victims, Miller said. At McClintock's former home,
several items that appear to be stained with blood, a pair of
bloody slippers and "possible decomposition evidence" were found,
she said.
In the motion for handwriting samples, Miller
discussed correspondence purportedly written by one or more of the
victims and said, "The state believes that one or both of the
Knoteks may have authored some of this correspondence which, if
proven, will be an important issue for the state's case."
Miller has asked that the motions be discussed
during hearings scheduled for tomorrow and Monday.
Hunt for evidence in deaths widens
By Jeffrey M. Barker and Lewis Kamb - Seattle
Post-Intelligencer
August 14, 2003
SOUTH BEND -- Investigators searching the home
of a Pacific County couple accused in the deaths of three people
have turned up further evidence they hope to link to one of the
suspected victims, the Seattle Post-Intelligencer has learned.
The search effort at the rural Raymond home on
Monohon Landing Road grew yesterday, while David and Michelle
"Shelly" Knotek appeared in court and had their bail increased to
$5 million each.
Michelle Knotek, 49, pleaded not guilty to
first-degree murder in the deaths of Kathy Loreno, 36, and Ron
Woodworth, 57, both of whom were allegedly abused while living
with the Knoteks.
David Knotek, 50, did not enter a plea to the
crimes of which he's been accused: first-degree murder in the
shooting of Shane Watson, 19, who also lived with them, and
rendering criminal assistance and unlawfully disposing of human
remains in Woodworth's death. His attorney asked for his
arraignment to be postponed until Aug. 28.
Investigators have asked victims' family
members for dental records, hoping to link an unspecified piece of
evidence they've found to either Watson or Loreno, the P-I
learned. Family members were told DNA evidence samples would be
important.
The P-I also has learned that investigators are
looking at a 1996 aerial photograph of the Knoteks' property that
shows freshly turned dirt behind their home in an area that is now
overgrown.
Human remains believed to be Woodworth's were
discovered buried at the couple's home last weekend. An autopsy
was performed in King County on Wednesday, but Pacific County
Prosecutor David Burke said yesterday he would not release its
results.
Pacific County Sheriff John Didion declined to
answer questions about the investigation, and would not elaborate
about why deputies acted only last week when they have, for at
least a year and a half, believed that Michelle Knotek killed
Loreno by striking her in the head with an iron, then burning her
body.
"Our investigation is progressing," Didion
said. "We're not going to put any limits or perimeters on the
investigation."
Later, thanking other law enforcement agencies
for their assistance in the case, Didion said, "Our small office
is overwhelmed with the magnitude of this case."
The case also includes an ongoing search at the
South Bend home of Pearl Harbor veteran James "Mack" McClintock,
81, who was once in the care of Michelle Knotek and whose death in
February 2002 had been ruled suspicious.
Didion and Burke said tips have been flooding
in from local residents.
That angered Eric Thomas, Kathy Loreno's
younger brother.
"Tips have been flooding in?" said Thomas, who
drove from Spokane yesterday. "We've been giving them tips for
years, and they haven't done anything."
Thomas, 40 and a former Marine, said his gut
told him nine years ago that his sister had been killed.
"We've had closure since '95. We've all known
she was dead."
But it was just last year that a Pacific County
sheriff's deputy told Thomas of the department's belief: that
Loreno had been killed by Michelle Knotek and that her remains
were in the Knoteks' back yard. That deputy called Loreno's mother
-- former sheriff's office employee Kaye Thomas -- and said the
department had made some headway on the case, Eric Thomas said.
But witnesses were reluctant. Others simply
wouldn't talk.
Then, Woodworth turned up missing. David Knotek
has since told police he buried Woodworth's body July 25. Police
believe the man was tortured and physically abused while living
with the couple, leading toward his death.
His disappearance prompted witnesses to
cooperate with sheriff's investigators, allowing them to obtain a
search warrant for the Knoteks' property, authorities told the P-I
yesterday.
Important witnesses in the case will be the
Knoteks' three daughters, two of whom are adults. The third, who
is 14, was living with the couple until about two weeks ago. They,
as was outlined in court documents filed earlier this week, have
"first-hand knowledge of the property, residence and lifestyle of
David and Michelle Knotek."
David Knotek's mother, Shirley Knotek, attended
the court hearing yesterday.
She has said that Michelle Knotek made her son
commit crimes.
David Knotek, a beaten-down, worried expression
on his face, said nothing in court. He agreed to relinquish
ownership of the couple's animals, including Sissy, a black
Labrador mix once belonging to McClintock.
According to authorities, Michelle Knotek lied
about Sissy's death in an attempt to take ownership of
McClintock's home. McClintock had willed that Knotek could take
ownership of the home when Sissy died. Meanwhile, Clark County
detectives investigated a former home of the Knoteks' in Battle
Ground but said yesterday that they didn't believe any foul play
occurred there.
Michelle Knotek's parents gave it to her in
1981. Authorities believe the Knoteks rented it out before it was
sold in 2002.
Wife's role scrutinized in deaths;
vulnerable people drawn to her
By Ian Ith , Michael Ko and Mary Spicuzza - The
Seattle Times
August 12, 2003
RAYMOND, Pacific County — As residents and
authorities in this small timber town spent another day trying to
make sense of allegations of abuse, torture and three deaths at
the hands of a well-known local couple, the scrutiny yesterday
increasingly turned to the role of the wife.
Michelle "Shelley" Knotek, 49, has been
described by acquaintances, officials and her own mother-in-law as
volatile and temperamental yet having a knack for attracting some
of Raymond's most vulnerable residents.
Yesterday, police in neighboring South Bend
said they are reopening an investigation into last year's death of
an 81-year-old local man who died while in her care — and left her
his entire estate.
"The police have known she was dead for years,
and did nothing about it," said Jeff Loreno of Agoura Hills,
Calif., whose sister, Kathy, disappeared in 1994 while staying at
the Knoteks' rural home.
"I don't understand why the police wouldn't
just look in the back yard. Those other guys might be alive today
if (police) had just done something. It's just sad."
Michelle and David Knotek remained in Pacific
County Jail yesterday, each in lieu of $2 million bail. Public
defenders assigned to represent them have declined comment.
Friends and relatives of Ronald Woodworth say
he probably met Michelle Knotek one day three or four years ago,
while he was on one of his many walks down Raymond's main streets,
and she stopped to talk.
Woodworth grew up in California, served in the
Vietnam War, attended the University of California at Berkeley,
and was an expert in Egyptology, said a longtime friend, Susan
Eppenberger of South Bend. He quit a good civilian job with the
Air Force in California to move to Willapa Harbor, and brought his
parents after him.
"He was no dummy," Eppenberger said. "There was
nothing stupid about that man."
But many who knew Woodworth said his behavior
grew erratic over the years, and his hygiene faltered. Most people
conclude he was mentally ill.
He couldn't keep a job, and he ran out of
money. He got busted for trying to pass bad checks, court records
say. In 1999 he was forcibly evicted from a mobile home in Raymond
and moved in with his mother.
Four local residents sought an anti-harassment
order against him in 2001, but the court records don't say why and
the four people all have declined to discuss it. Police never
could find him to serve him with the papers, incorrectly thinking
he had moved to Thurston County, so the court gave up on the
matter a few months later.
After he met Michelle Knotek, they began
spending a lot of time together when David Knotek was away. He
even helped her take care of elderly patients.
"Their friendship just blossomed," said his
mother, Catherine, 81, who lives in Raymond. "They got along like
brother and sister."
Woodworth moved in with the Knoteks in late
2002, and his mother had to get a restraining order against him
because "he was stalking me, watching me, watching every move I
made," she said yesterday. He seemed to be upset with her for not
taking care of his two cats. He sent her angry, profane letters.
Still, Catherine Woodworth blamed Michelle
Knotek for inspiring anger in her son, saying she had a hot
temper.
Court documents allege that David Knotek, 50,
shot Watson in a shed after a confrontation, perhaps because the
young man was planning to go to authorities about Loreno's death.
Authorities have said little about Watson, who was about 19 when
he was allegedly shot dead in the Knoteks' shed.
David Knotek's mother, Shirley Knotek, said
Watson grew up in Tacoma, but when he was in high school, his
parents divorced, he started getting in trouble, and his parents
sent him to live with the Knoteks, figuring the fresh air would do
him some good. After he died, friends said, the Knoteks claimed he
went to Alaska to fish.
Prosecutors' contention
Prosecutors contend David Knotek burned the
bodies of Loreno and Watson and scattered the remains at the
beach. They say David Knotek has told police about what happened,
while his wife stuck to prearranged stories explaining the
disappearances.
Police this week said that while they had
suspicions about the Knoteks over the years, it wasn't until
several unidentified witnesses came forward about two weeks ago
with evidence that police arrested the couple and searched their
home and yard.
"It gets frustrating for police when they think
something has happened to someone, but when you get into a court
of law, you need evidence, and until now, we just didn't have it,"
Miller said.
In South Bend, the Pacific County seat, police
Chief Dave Eastham said he didn't even think it was suspicious
last fall when James McClintock, 81, fell, hit his head and died a
day later. Yesterday Eastham said he would review the case.
McClintock, a retired merchant crewman and
widower, had been in the care of Michelle Knotek, who had worked
for years as a caregiver for local elderly people. In his will,
McClintock left his house and $8,800 in cash to her.
Even so, police said they don't think they will
find anything to prove the man's death was anything but
accidental. McClintock, who used an electric wheelchair, had
fallen before, Eastham said. And he lived long enough to talk to
police who investigated the fall.
"If he was victimized, I doubt he would have
kept it to himself," said the police chief, who added he has known
McClintock for many years. "Normally if somebody made him mad, he
talked about it." Police said they planned to search his home this
week.
In April 2000, Michelle Knotek was hired by the
Olympic Area Agency on Aging, an organization that provides home
care and assistance for older and disabled adults. She worked in
the Raymond office as a case aid, providing information to clients
who called or came into the office, but never worked as a home
care provider or case manager, according to the agency's executive
director David Beatty.
Beatty says she was fired in June 2001, due to
"consistently poor performance" and for being "unreliable and
inconsistent."
The organization has offices in Pacific,
Clallam, Jefferson, and Grays Harbor counties, and serves several
thousand clients each year. Beatty said James McClintock, the
81-year-old man who died in Knotek's care in 2002, was one of the
agency's clients. McClintock, Beatty said. But he added that
Knotek knew McClintock before she began working at the center, and
had told staff that he was a friend.
McClintock's certificate of death, dated Feb.
9, 2002, indicated that the widower died after a "blunt impact to
the head," and said the circumstances of his death were
undetermined. His will shows that he left his beloved black
Labrador, Sissy, in the care of Michelle Knotek, who was to
inherit his house once Sissy died.
Beatty said that he initiated Knotek's
termination process, but had no idea that she might be involved in
criminal activity.
"We had no indication, we still have no
indication, that any people who came in contact with her here were
in jeopardy," Beatty said.
The state Department of Social and Health
Services said today that neither Michelle nor David Knotek were
licensed by the agency to run an adult care center in their home.
Nor was Michelle Knotek licensed through the state to provide
elder care, said Steve Williams, a DSHS spokesman.
But that doesn't mean she was not supposed to
be providing in-home care to older people in Pacific County,
Williams said. Unless she was directly receiving DSHS money for
care, no license through the agency would be needed. As an
employee of the area agency on aging, her background checks and
other employment details would be handled by that smaller agency.
And if an older person hired her directly, and paid her out of
pocket, no license would be required.
Still, if someone complained to DSHS that
Knotek was abusing someone in her care, the agency would
investigate regardless, Williams said.
He said privacy laws forbid the agency from
saying whether it has ever investigated or censured Knotek, now or
in the past. But he said "we anticipate the cops are going to come
to us, so we're getting our paperwork together."
"We're looking at everything we have," he
added. "We're not sure what we have, but we're certainly looking
at everything."
In the house east of Raymond where she raised
David Knotek, his 76-year-old mother, Shirley Knotek, spent the
day with eyes glued to the television, watching the news about her
son and his wife. And she accused her daughter-in-law of
threatening and duping her son into participating in abuse, death
and concealment at their home.
Her son grew up in Raymond like any other
small-town boy, playing school sports and goofing around with
buddies, she said. After high school, he traded a job at the local
mill for a five-year tour in the Navy, where he learned heavy
construction.
About 15 years ago in nearby Long Beach he met
Michelle, a divorcée with two young daughters. She had divorced
her first husband in 1977 in Pennsylvania. Shirley Knotek said
another woman had dumped her son. "He was on the rebound, he was
sad, and (Michelle) was friendly — you know how it goes," she
said. The couple married and had a daughter, now 14 and in foster
care.
Shirley Knotek contended her son was unhappy in
his marriage to his increasingly moody wife and stayed away from
the house for long periods.
He worked for a construction company in Oak
Harbor and would often be gone all week on jobs.
"He stayed because of the girls," his mother
said. "He's a loyal man."
Court papers say that loyalty appears to have
led him to help his wife cover up the deaths of Loreno and
Woodworth, and prosecutors suggest he may have slain Watson to
keep him from talking.
Loreno likely befriended Michelle Knotek while
David Knotek was away at a job, say acquaintances and relatives.
They met at the South Bend hairdresser shop where Loreno worked.
Loreno grew up and went to high school in Simi
Valley, Calif., her brother said yesterday. Their father, who
worked in the movie business, had died in an accident on the set
of a television show. Then their stepfather died in a car crash.
Loreno's mother, Kaye Thomas, moved with Loreno
to South Bend, where the housing was cheaper, Jeff Loreno said.
Yesterday, Thomas declined comment. But Jeff
Loreno said his sister never quite fit in on Willapa Harbor, where
most people know everyone else. After a fight with her mother,
Loreno moved in with the Knoteks.
Jeff Loreno said that after his sister
disappeared he hired a private investigator, who concluded Kathy
was probably dead at the hands of Michelle Knotek. But no
witnesses would come forward to the police, and when confronted,
the Knoteks always said Kathy had run away with a truck driver, or
moved to Hawaii.
There have been times, Jeff Loreno said, when
he wanted to drive to Raymond and take the law into his own hands.
"She was the nicest person in the world, so sweet and darling," he
said. "I can't believe anyone could have done this to her."
Suspicions raised over another death
'Blunt impact' killed veteran, 81, who had
hired Michelle Knotek as caregiver
By Jeffrey M. Barker, Ruth Teichroeb and Lewis
Kamb - Seattle Post-Intelligencer
August 12, 2003
RAYMOND -- James McClintock, an 81-year-old
Pearl Harbor veteran who often rode his motorized wheelchair to
the grocery store, needed a caregiver. So he hired Michelle Knotek.
Six months later, McClintock died from an
unexplained blow to the head, leaving Knotek $5,000, his home and
his beloved dog, Sissy.
McClintock may have met Knotek at a local
social services agency where she worked, and after his death,
records show, David Knotek began using McClintock's Social
Security number.
Now, authorities are taking a renewed interest
in McClintock's death after discovering human remains behind the
Knoteks' red farmhouse.
Police believe the couple befriended those down
on their luck, subjected them to humiliating and painful abuse,
and then killed them.
Over the weekend, after excavating the couple's
back yard, police believe they found the remains of one man,
57-year-old Ronald Woodworth. David Knotek told police he
accidentally shot another man, Shane Watson, 19, and that Kathy
Loreno, 36, died after choking on her own vomit while living at
the couple's home.
Knotek, police say, burned Loreno and Watson's
bodies, then spread their ashes along the beach.
From the beginning, authorities did not rule
out the possibility that there could be more victims. And
yesterday, as the circumstances surrounding McClintock's death
surfaced, the case took yet another turn.
Michelle and David Knotek are being held on $2
million bail for investigation of first-degree murder in the
deaths of Woodworth, Watson and Loreno. Authorities say more
charges are likely as the investigation continues.
Yesterday, authorities said the couple's three
daughters had also suffered abuse at the hands of their parents,
and the Department of Health and Social Services began poring over
its records to try to learn more about Michelle Knotek.
From April 2000 to June 2001, Knotek worked at
the Olympic Area Agency on Aging in Aberdeen where she provided
information and social services referrals before managers asked
her to leave, said David Beatty, the agency's director.
The non-profit organization serves seniors and
vulnerable adults in Clallam, Jefferson, Grays Harbor and Pacific
counties.
McClintock was a client at the agency, where he
received help with general issues, such as navigating Medicare,
but he did not qualify for in-home care, Beatty said.
Sometime in September 2001, McClintock hired
Michelle Knotek to care for him. During that same time, records
show, McClintock wrote a will, leaving his home, his dog and some
money to Knotek, whom he listed as a "friend."
Then, in February 2002, McClintock died from
"blunt impact to the head," according to his death certificate.
Michelle Knotek, who had called 911 that day, said McClintock
fell, though a local doctor who examined McClintock's body ruled
the manner of death "undetermined."
Michele Knotek received Sissy and at least
$5,000 with which to take care of the dog. McClintock loved the
black dog with skinny white legs so much that he wanted Sissy
buried next to him.
Once the dog died, Michelle Knotek was deeded
McClintock's $140,000 home, which is now up for sale.
Agency terminated Knotek
At the Olympic Area Agency on Aging, it was
Knotek's job to provide information and referrals over the phone
and for clients who walked in seeking help.
She also occasionally visited clients at home,
Beatty said.
The agency terminated Knotek's employment as a
case aide "by mutual agreement" in June 2001 -- 14 months after
she was first hired.
Beatty declined to say why she was let go.
"It was better for the agency and better for
her," he said.
He said he didn't know whether McClintock met
Knotek through her job at the agency or if they had met
previously. He also did not know what type of services McClintock
paid Knotek to provide at his home.
None of the other three suspected victims --
Watson, Woodworth or Loreno -- was a client of the Olympic Area
Agency, Beatty said.
But he declined to say whether he has concerns
about any other clients or former clients of the agency who might
have had contact with Knotek.
The agency is now reviewing its files to answer
that question.
In the meantime, the Department of Social and
Health Services, which provides funding to the Olympic Area
Agency, also is investigating the Knotek matter, said Steve
Williams, a spokesman.
DSHS has determined that Knotek and her husband
were not licensed by the state and have no record of them working
as state employees, Williams said.
He would not say whether any of the alleged
victims were DSHS clients, citing confidentiality laws.
"We are checking our records," Williams said,
"because we anticipate the police will be calling."
About two months after Knotek left the agency,
Ron Woodworth allegedly began harassing its employees and
threatening staffers.
"He said many things, including 'heads will
roll' and 'Mount Vesuvius will blow,' " according to court
records. "He made several references to the devil, and hell and
retribution."
The alleged harassment occurred for about two
years and came at about the same time that Woodworth moved into
the Knoteks' home on Monohon Landing Road.
It was at the Knoteks' house, police say, that
Woodworth was tortured, abused and ultimately buried in the back
yard.
Neighbors talk of McClintock
Around South Bend, where McClintock lived, he
was known affectionately as "Mac."
"Everybody up here called him 'Mac,' and
everybody here looked out for him," said Al Faulkner, a longtime
neighbor. "We felt bad when we heard he died, but (now) it's even
worse."
About eight years ago, McClintock put his wife,
Mary, into a nursing home, and he's lived alone ever since. In
recent years, he had several strokes and heart problems, and he'd
been getting back and forth with a motorized cart.
Neighbors described McClintock as a big man
with ruddy face and bald head who often fell out of his motorized
wheelchair, requiring medical aid.
"I used to hear her (Michelle) holler a lot,"
Faulkner said, "and one time I saw her walking along talking to
David (Knotek) like he was a small child."
Yesterday, South Bend police Chief David
Eastham told The (Aberdeen) Daily World that "between a three- and
four-year period, (McClintock) called for aid 70 times."
Herb Newton, who served as Pacific County
sheriff from 1976 to 1986, lives two doors down from McClintock's
old house. Newtown said he was surprised that McClintock willed
Knotek his home, but also pointed out that McClintock didn't have
any family nearby.
Sometime after McClintock's death, David Knotek
began using McClintock's Social Security number, records show. It
was one of several Social Security numbers used either by David
Knotek or his wife, records show.
After examining McClintock's body, the doctor
referred the death to the Pacific County coroner, Dr. David Burke,
who is also the county's prosecuting attorney.
It was unclear yesterday whether the office
ever looked into the death.
Burke could not be reached for comment, and
police would say only that they would "look into" McClintock's
death in light of the new developments.
Shane, a sweet-natured teen
In 1992, Lester and Diana Watson saw their
grandson, Shane, for the last time.
Shane had been living with his grandparents
since the 1980s, after his parents went through a rough divorce.
With his grandfather's blessing, the boy later
moved in with David and Michelle Knotek, his aunt and uncle.
Shane, his grandmother recalled, was a
sweet-natured teen who enjoyed taking part in simple outdoor
tasks, such as chopping wood, with David Knotek.
"He had finally found the friend he had always
wanted," she said of her grandson.
Later, though, when the Watsons called the
Knoteks or stopped by for holiday visits, Shane was always gone.
The Watsons were told he was working in Alaska on a fishing
vessel, or that he had moved out and was living with his
girlfriend.
In reality, police believe, David Knotek shot
Shane, 19, with a .22-caliber rifle. He then burned his body and
disposed of his ashes after the young man tried to photograph
bruises suffered by Kathy Loreno, who was living with the Knoteks.
In 1994, Loreno's mother, Kaye Thomas, asked a
Pacific County Sheriff's deputy to help her locate her daughter,
who had been missing.
Yet, Loreno's name was not included among a
list of unsolved missing persons cases provided to the Seattle
Post-Intelligencer as part of its yearlong investigation into
flaws with missing persons cases and homicide investigations that
often allow killers to remain at large.
Yesterday, Pacific County Sheriff John Didion
said Loreno's case was mistakenly omitted because it was initially
classified as an "attempt to locate," which is seen as less of a
priority. The designation was later changed.
Meanwhile, back at the Knoteks' red farmhouse,
investigators from at least a half dozen police agencies continued
combing over the 4-acre property.
Didion, the sheriff, would not say whether more
human remains or other evidence was found.
"We're taking this step by step," he said.
"We'll be finished when we're finished."
Raymond couple befriended 3 strangers, who
then disappeared
By Jeffrey M. Barker - Seattle
Post-Intelligencer
August 11, 2003
RAYMOND -- Here, in a town once full of taverns
and timber workers, everyone, it seems, knows everybody. But
nobody knew this.
Not until David Knotek told sheriff's deputies
that he and his wife, Michelle, befriended those down on their
luck, subjected them to painful and humiliating abuse and disposed
of three bodies after they had died.
Yesterday -- after a weekend in which police
announced they had found the remains of one body and hoped to
close a 9-year-old missing persons case -- authorities said they
hoped to find the remains of two others.
They contend all three -- Ronald Woodworth, 57;
Shane Watson, 19; and Kathy Loreno, 36 -- were killed by the
Knoteks. All three had been living at the couple's home when they
disappeared.
David Knotek, 51, and Michelle, 49, are each
being held on $2 million bail for investigation of first-degree
murder in Loreno's disappearance.
Charges in that case could be filed tomorrow.
As the case unfolds, the couple could face
additional charges, and authorities haven't ruled out the
possibility there may be more victims.
Prosecutors believe that Loreno and Woodworth
died of injuries suffered from repeated abuse. Authorities say
David Knotek told police he shot Shane Watson after Watson
documented the abuse suffered by Loreno.
Over the weekend, police now say, they
discovered Woodworth's remains in the couple's back yard. But
Loreno and Watson may never be found: David Knotek told police he
burned their bodies and spread their ashes along a nearby beach,
according to court documents.
The new twists in the case not only disturbed
residents in this town of less than 3,000, but they also raised
larger questions about the way police handle missing persons
cases.
Loreno's case was not included among a list of
unsolved missing persons cases provided by the Pacific County
Sheriff's Office in response to a recent public-disclosure request
made by the Seattle Post-Intelligencer.
During a yearlong investigation into how police
handle missing persons investigations, the P-I sent requests to
more than 270 police agencies in Washington asking for information
on all unsolved missing persons and homicide cases between 1980
and 2001.
In responding to the request, the Pacific
County Sheriff's Office released information about one unsolved
homicide and two missing persons cases.
Even though Loreno had been reported missing by
her mother in 1994, her case was not included -- an omission
Sheriff John Didion called "disturbing."
As for the two men, neither Woodworth nor
Watson had been reported missing, probably because both had
severed ties with their families, Deputy Prosecutor Lori Miller
said.
During its investigation, published in
February, the P-I detailed how police routinely ignore, lose and
neglect missing persons cases, delaying body identifications and
homicide investigations and sometimes allowing killers to get away
with murder.
Quick to share a smile
Around Raymond, Kathy Loreno often used her
mother's last name and was known to many as Kathy Thomas.
By all accounts, she had endured a difficult
life.
She was only 19 when her father died --
electrocuted on the set of a movie he was helping film. That's
when Kathy and her mother, Kaye Thomas, moved to Pacific County.
Kathy Loreno became a hairdresser, working for
a time at Bobbie's Beauty Bar in South Bend. Those who knew her
remembered a happy person who was quick to share a smile.
While playing on a softball team in Bay Center,
Loreno met Carolyn Barnum and later baby-sat Barnum's children.
"She was just the greatest person," Barnum
recalled.
At the time, Loreno started dating a man whom
her mother didn't like.
Loreno's mother also warned her daughter to
stay away from Michelle Knotek, whom she had befriended, recalled
Loreno's brother, Jeff.
"I don't know how they met," Jeff Loreno said
yesterday from his home in California. "Probably at the hair salon
or around town."
Kaye Thomas was just trying to do what was best
for her daughter. But it backfired, and Loreno left home.
At first, Loreno inquired about moving in with
Barnum. But soon, she began living with the Knoteks.
She was 36 when she disappeared in 1994; she
would have turned 45 last Friday, the day the Knoteks were
arrested.
Little is known about Woodworth and Watson.
Watson, born June 6, 1975, was Michelle
Knotek's nephew and had been living with the couple during the
same time as Loreno.
Both disappeared at about the same time, too.
Woodworth was known around town as a "strange"
man who had several brushes with the law.
In 2001, court documents show, Woodworth got in
trouble for check fraud and for writing a couple of bad checks to
the Pioneer Grocery store.
He was charged, but didn't appear for hearings.
Also that year, four people applied for an anti-harassment
protective order against him. The order was granted on a temporary
basis. Last night, three of the four people declined to comment.
In 2002, a woman with Woodworth's last name
filed for a domestic-violence protective order against him.
One neighbor said Woodworth often hid in
ditches and jumped out at people.
"He was living a different lifestyle than the
folks around here," said the neighbor, who admitted that she
didn't know Woodworth that well and didn't want her name used.
"But nobody deserves to be killed."
All three were abused
While living at the couple's red home on
Monohon Landing Road, all three victims -- Loreno, Watson and
Woodworth -- suffered physical abuse at the hands of the couple,
according to witnesses cited by the Sheriff's Office.
For example, each was made to do chores outside
wearing only underwear, and to jump from heights onto hard gravel,
injuring their feet.
One neighbor, Matt Noren, recalled seeing an
older man doing yard work at the Knoteks' home wearing only a
bathrobe and a hat.
On Sunday, the neighbor said he wasn't
surprised to hear that authorities had made a gruesome discovery
on the property.
But this isn't the kind of news that usually
hits a town such as Raymond.
This weekend, at the Corner Cafe, residents
proudly called the town "podunk."
"Never seen anything like this," said Cub Latta,
a 66-year-old lifelong resident, sitting outside Ugly Ed's New &
Used store.
"I don't know how anybody could be connected to
something like this," he said. "I really don't."
But David Knotek told police that all three
deaths were accidental.
Woodworth last seen July 20
Ron Woodworth lived with the Knoteks over the
past two years, and was last seen July 20. Two days later, David
Knotek said, his wife called him, saying Woodworth had died.
David Knotek returned home and buried Woodworth
July 25, he said.
He admitted to inventing cover-up stories with
his wife, according to the Sheriff's Office. And he admitted to
working with her to destroy evidence of the deaths.
Loreno, David Knotek told investigators, had
been very ill and died from choking on her own vomit. He said he
did not take her to the hospital or contact police because of the
injuries on her body.
As for Watson, authorities believe he
photographed Loreno's injuries. They say Michelle Knotek found the
photograph and beat Watson.
Two weeks after that incident, Watson
disappeared.
David Knotek said he shot Watson with a
.22-caliber rifle, but he says the shooting occurred during a
struggle over the gun, according to court documents.
In those same documents, however, David Knotek
said he always feared that Watson would someday "go into a bar and
spill all of the information about Kathy Loreno."
No serious trouble before
David Knotek works in construction, with a
company called Island Construction, and is often out of town.
Larry Williams, a Raymond man who knew David
Knotek as a kid, said Knotek is a Vietnam veteran and wouldn't be
mixed up with something like this.
For the most part, the Knoteks have no serious
run-ins with the law.
During yesterday's hearing, David Knotek said
little when he came into the courtroom and was told of the charges
he will face later this week.
Michelle Knotek also said little in a separate
hearing, but exhaled loudly and shook her head when Judge Joel
Penoyar said witnesses in the case would fear for their safety if
she were released from jail.
The Knoteks have three daughters, two of whom
are adults. The third daughter, who is 14, was removed from the
home before police executed their search warrant and discovered
the remains.
David Knotek's mother said she did not want to
speak with the media, but expressed concern for her son and the
six dogs and bird left behind at the couple's home.
In the meantime, an autopsy on the remains
removed Saturday from the Knoteks' property is scheduled in King
County either tomorrow or Thursday.
To help with the case, Didion has formed a task
force made up of area sheriff's offices and police departments, as
well as the King County Sheriff's Office and the King County
Medical Examiner's Office, which have developed expertise during
their work with the Green River serial killings.
Case reopened
If it weren't for the public's help, all three
disappearances might still remain a mystery.
But about 18 months ago, authorities say,
someone familiar with Loreno's disappearance came forward,
prompting the Pacific County Sheriff's Office to reopen the case
with a new focus.
Since then, Loreno's family had worked hard to
keep the case before the public eye.
In May, Loreno's mother placed a small item in
the Willapa Harbor Herald, with a picture of her daughter, asking
the public for any clues.
And Loreno's two brothers had hired a private
investigator to help with the case.
Less than two weeks ago, a witness came forward
with information that allowed deputies to serve the search warrant
on the Knoteks' property, Didion said.
When confronted by police, authorities say,
David Knotek began sharing information about the case.
Now, Didion said, he hopes to bring some
closure to the families of the missing people -- and particularly
to Loreno's family.
Body found at home of couple arrested in
1994 disappearance
The Associated Press
August 8, 2003
RAYMOND, Wash. -- Investigators found human
remains over the weekend behind the home of a local couple
arrested in a woman's 1994 disappearance, Pacific County officials
say.
"We have found human remains," Pacific County
Prosecutor David Burke told The Daily World of Aberdeen. "I don't
know how many sets. We're still examining the site."
The occupants of the home, David and Michelle
Knotek, remained in Pacific County Jail for investigation of
manslaughter following their arrests Friday.
A search warrant was issued for the home as
part of an investigation into the disappearance of Kathy Loreno
nine years ago, said a news release from the Pacific County
Sheriff's Department. Officials offered no details about the crime
or the Knoteks' alleged connection to it.
An autopsy was planned on the remains.
According to the sheriff's Web site, witnesses
"provided information that there may be the remains of another
possible missing person on the property." Authorities from King
and Lewis counties were aiding in the investigation.
The Knoteks were scheduled for an initial court
appearance Monday in Pacific County Superior Court in South Bend.
"On the surface, it is elevated beyond your
typical Monday (docket) topic," Burke said.
"But I still don't know whether it's going to
turn out to be a real big deal or a smaller deal. We're not sure
exactly what we will have."
David Knotek graduated from Raymond High School
in the early 1970s. Local residents said he had most recently been
employed doing construction work.
"I've known David (Knotek) forever," former
Raymond Mayor Leon Lead said Saturday night. "He applied for a
garbage truck driving job (with the City of Raymond) when I was
mayor. He blended right in, in fact, I'm surprised they're still
around the area. I haven't seen him in years.
"He was the last guy I would think of for
something like this, kind of a Regular Joe."
Friends said the Knoteks have been married
about 15 years. They have two daughters, one 25, the other in her
early teens.
Information from: The Daily World
Court of Appeals of Washington,Division 2.
STATE of Washington, Respondent, v. Michelle
L. KNOTEK, Appellant.
No. 33644-8-II.
Decided: December 26, 2006
Gregory Charles Link, Washington Appellate
Project, Seattle, WA, for Appellant. David John Burke, Attorney at
Law, South Bend, WA, for Respondent.
¶ 1 Michelle Knotek appeals her guilty plea
convictions for second degree murder and first degree
manslaughter; she also appeals the trial court's denial of her
post-judgment and sentence motion to withdraw her guilty plea.
Knotek argues that she did not enter into her Alford 1 plea
knowingly, intelligently, and voluntarily because she was
misinformed about (1) the maximum sentences that could be imposed
and (2) the term of community placement. In her Statement of
Additional Grounds 2 (“SAG”), Knotek further contends that (1) her
attorney coerced her into entering into the plea agreement; (2)
her attorney provided ineffective assistance; (3) she was not
competent at the time she entered her guilty plea; (4) the crimes
to which she pleaded guilty “didn't fit” the facts of this case;
and (5) the trial court committed judicial misconduct.3 Holding
that the record shows that Knotek entered her guilty plea
knowingly, intelligently, and voluntarily, we affirm.
FACTS
I. Murders
A. Count I-Kathy Loreno
¶ 2 In 1991, Michelle Knotek invited Kathy
Loreno to live with her family in South Bend, Pacific County.
Loreno was to help care for Knotek's two teenage daughters and a
third daughter expected to be born soon. Loreno accepted the
offer. Loreno was in good health when she began living with the
Knoteks. Initially the Knotek family treated Loreno well.
¶ 3 But soon, Knotek and her husband, David
Knotek,4 began abusing Loreno physically and mentally; they
continued this abuse through 1991. Knotek and her husband (1)
hit and slapped Loreno, including numerous blows to the head;
(2) dragged her across the ground; (3) pulled her hair; (4)
poisoned her; (5) forced her to submit to bizarre “treatments,”
such as bleach and salt to clean her wounds, and ingesting salt
and prescription medications; (6) forced her to live and to work
outdoors in harsh weather conditions while minimally clothed or
naked until she became hypothermic; (7) starved her; and (7) as
punishment, forced her to immerse herself in cold water or mud.
As a result of this abuse, Loreno lost 100 pounds, her hair and
teeth fell out, and she declined physically and mentally. Near
the end of her life, Loreno could not walk or talk, one side of
her face drooped, her vision had declined significantly, and she
was covered in vomit.
¶ 4 Eventually Loreno died as a result of this
prolonged abuse. Acting on Knotek's decision, David and Shane
Watson, David's nephew, burned and buried Loreno's body in the
Knoteks' backyard. Knotek concocted a story about Loreno having
run away with her boyfriend, repeatedly quizzed her (Knotek's)
children about the story, and generated letters to Loreno's family
purporting to be from Loreno so her family would believe she was
still alive.
B. Count II-Ron Woodworth
¶ 5 In October 2001, Knotek invited Ron
Woodworth to live in the Knotek home. Knotek's youngest daughter
witnessed Knotek and her husband inflict physical and emotional
abuse on Woodworth, virtually identical to the acts of abuse they
had committed against Loreno ten years earlier. Like Loreno,
Woodworth declined physically and mentally, and eventually died as
a result of the abuse sometime between the end of 2001 and August
2003. David buried Woodworth's body in the backyard of the
Knotek residence.
C. Arrest
¶ 6 In August 2003, Knotek's two older
daughters contacted the police about Knotek's abuse of Woodworth.
Knotek's youngest daughter also provided a statement. The police
arrested Knotek and David.
II. Procedure
¶ 7 The State charged Michelle Knotek 5 with
two counts of second degree murder: Count I, for the 1991 death
of Kathy Loreno; and Count II for the 2003 death of Ron
Woodworth. The trial court denied Knotek's motion to sever
counts because the State planned to use David as a witness against
Knotek.
A. Alford Plea
¶ 8 On June 18, 2004, Knotek appeared in
Pacific County Superior Court to plead guilty to second degree
murder and first degree manslaughter. The State agreed to reduce
Count II from second degree murder to first degree manslaughter,
and to recommend sentences at the low end of the standard range
for both counts. The parties stipulated that the facts contained
in the August 11, 2003 Probable Cause Affidavit, the Bill of
Particulars, and the State's brief in opposition to Knotek's
Motion to Sever, were sufficient to find Knotek guilty beyond a
reasonable doubt on these two charges.
¶ 9 The trial court engaged in a thorough
inquiry to ensure that Knotek was entering her plea knowingly,
intelligently, and voluntarily. Knotek indicated that (1) she
had completed 14 years of school and could read and write “very
well”; (2) she had discussed “everything set forth in the Plea
Agreement” with her counsel over the course of a “few hours,” and
they had “talk[ed] about it throughout the last few weeks” Report
of Proceedings (RP) (June 18, 2004) at 6-7; (3) she understood
the standard sentencing range for second degree murder was 123 to
164 months, with a maximum term of life in prison, RP (June 18,
2004) at 7; (4) she knew the standard sentencing range for first
degree manslaughter was 78 to 102 months, with a maximum term of
life in prison; (5) because these were serious violent offenses,
she understood the sentences for each count would run
consecutively, which she confirmed meant she would first serve one
sentence and then serve the other sentence, after completing the
first one; (6) she understood that the State would recommend
sentences of 123 months on Count I and 78 month on Count II, for a
total of 201 months; (7) she understood that the court need not
follow the State's sentencing recommendation; (8) she also
understood that she faced the possibility of an “exceptional
sentence” on each count, meaning sentences above the standard
range; (9) she understood that the plea bargain also called for
her to serve 24 months of community custody; (10) she was
entering an Alford plea, which she understood was a plea of
guilty; and (11) she understood the financial penalties that
could result from her plea, including restitution.
¶ 10 The trial court asked Knotek five
different times whether she was entering her plea voluntarily; in
each instance, Knotek answered in the affirmative. The trial
court also (1) made sure that Knotek had gone over her Statement
of Defendant on Plea of Guilty with counsel and that she
understood the provisions of the Statement; (2) explained to
Knotek each of the rights she was waiving by entering her guilty
plea; and (3) explained to Knotek that her crimes would
constitute “one strike” for future charging and sentencing
purposes, which Knotek confirmed she understood. The court then
asked Knotek how she would plead on each charge, and Knotek
replied, “Guilty.”
¶ 11 Based on the parties' stipulation and
Knotek's Alford pleas, the trial court found Knotek guilty of
Count I, second degree murder, and Count II, first degree
manslaughter.
B. Sentencing
¶ 12 At Knotek's August 19, 2004 sentencing,
the parties and the trial court addressed a recent relevant United
States Supreme Court decision, Blakely v. Washington, 542 U.S.
296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), rendered on June 24,
2004, less than a week after Knotek's June 18, 2004 guilty plea.
¶ 13 The State acknowledged that (1) as a
result of the Blakely decision, “the Court's hands are bound by
the standard range”; and (2) during “quite a few conversations”
with Knotek, defense counsel, and the trial court, had explained
the Blakely decision and how the decision would affect her
sentence.
¶ 14 Knotek's counsel acknowledged that (1)
Knotek's “decision to enter such a plea was also reflective of the
threat of an exceptional sentence recommendation ․,” and (2) the
“threat certainly is not as strong in light of the current Blakely
decision as it was at the time the plea was entered.” Appendix C
to Respondent's Brief, Supplemental Sentencing Memorandum at 6.
Knotek proceeded to sentencing, fully aware of the reduced
sentence that she now faced because of Blakely. Knotek did not
claim that she had been misinformed about the consequences of her
plea. Nor did she move to vacate or to withdraw her plea.
Instead, the colloquy focused on her good luck-that the Blakely
decision had eliminated the possibility of the more severe
exceptional sentence to which she had been previously exposed.
¶ 15 Just before pronouncing sentence, the
trial court reminded Knotek that, but for the Blakely decision, it
would have imposed a sentence above the standard range:
I also know, finally, that [Knotek] should be
very thankful to the U.S. Supreme Court and the 5-4 decision in
Blakely v. Washington because this would not be the sentence that
I would hand down but for that decision.
RP (Aug. 19, 2004) at 34. The court then
sentenced Knotek to the top end of the standard range on each
conviction, 164 months on Count I and 102 months on Count II, to
run consecutively, for a total of 266 months confinement. Knotek
did not raise any question about the voluntariness of her Alford
plea in connection with her sentencing.
C. Post-judgment Motion to Withdraw Guilty
Plea
¶ 16 Eight months later, in April 2005, Knotek
moved pro se to withdraw her Alford plea. She alleged that she
had not been correctly informed, that generally she did not
understand the consequences of her plea when she entered it the
previous year, and that she had been denied effective assistance
of counsel. The trial court denied the motion.
III. Appeal
¶ 17 Knotek appeals both the trial court's
denial of her motion to withdraw her guilty plea and the guilty
plea conviction and judgment and sentence.6
ANALYSIS
I. Voluntary, Knowing, and Intelligent Plea
¶ 18 Knotek argues that she did not enter her
Alford plea knowingly, intelligently, or voluntarily because she
did not understand the direct consequences of her plea. She
contends she was misinformed about (1) the maximum sentence that
could be imposed for the charged offenses, and (2) the proper term
of community placement. These arguments fail.
A. Issue Raised for First Time on Appeal
¶ 19 Generally, a defendant waives any issues
he did not raise in the trial court. RAP 2.5; State v. Smith,
155 Wash.2d 496, 501, 120 P.3d 559 (2005). Nonetheless, a
defendant can raise for the first time on appeal alleged manifest
errors significantly affecting constitutional rights. RAP
2.5(a)(3); State v. Scott, 110 Wash.2d 682, 686-87, 757 P.2d 492
(1988). Alleged involuntariness of a guilty plea is the type of
constitutional error that a defendant can raise for the first
time on appeal. See State v. Walsh, 143 Wash.2d 1, 6, 17 P.3d
591 (2001). “[W]hen an adequate record exists, the appellate
court may carry out its long-standing duty to assure
constitutionally adequate trials by engaging in review of manifest
constitutional errors raised for the first time on appeal.” State
v. Contreras, 92 Wash.App. 307, 313, 966 P.2d 915 (1998).
B. Standard of Review
¶ 20 “The State bears the burden of proving the
validity of a guilty plea,” including the defendant's “[k]nowledge
of the direct consequences” of the plea, which the State may prove
from the record or by clear and convincing extrinsic evidence.
State v. Ross, 129 Wash.2d 279, 287, 916 P.2d 405 (1996). A
defendant, in contrast, bears the burden of proving “manifest
injustice,” defined as “ ‘an injustice that is obvious, directly
observable, overt, not obscure.’ ” State v. Saas, 118 Wash.2d 37,
42, 820 P.2d 505 (1991) (quoting State v. Taylor, 83 Wash.2d 594,
596, 521 P.2d 699 (1974)).
C. Direct Consequences of Plea
¶ 21 Due process requires an affirmative
showing that a defendant entered a guilty plea intelligently and
voluntarily. State v. Barton, 93 Wash.2d 301, 304, 609 P.2d 1353
(1980) (citing Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23
L.Ed.2d 274 (1969)). A defendant need not be informed of all
possible consequences of a plea, but rather, only the direct
consequences. Ross, 129 Wash.2d at 284, 916 P.2d 405. The
maximum sentence and term of mandatory community placement are
among such direct consequences of a plea. State v. Morley, 134
Wash.2d 588, 621, 952 P.2d 167 (1998); Ross, 129 Wash.2d at
284-87, 916 P.2d 405. If based on misinformation about
sentencing consequences, a guilty plea is not entered knowingly.
State v. Miller, 110 Wash.2d 528, 531, 756 P.2d 122 (1988).
¶ 22 Beyond this constitutional minimum,
Criminal Rule (“CrR”) 4.2 provides further safeguards for guilty
pleas:
The court shall not accept a plea of guilty,
without first determining that it is made voluntarily, competently
and with an understanding of the nature of the charge and the
consequences of the plea. The court shall not enter a judgment
upon a plea of guilty unless it is satisfied that there is a
factual basis for the plea.
Ross, 129 Wash.2d at 284, 916 P.2d 405 (quoting
CrR 4.2(d)); see also RCW 9.94A.431.
¶ 23 CrR 7.8 governs post-judgment motions to
withdraw a guilty plea. This rule allows the trial court to
relieve a party from a final judgment if the judgment is void or
for any other reason justifying relief from operation of the
judgment. CrR 7.8(b)(4)-(5).7
1. Direct Maximum Sentence
¶ 24 Knotek contends that she was misinformed
about the maximum terms of confinement for the homicide charges to
which she pleaded guilty when the trial court told her that she
faced the possibility of an exceptional sentence above the
standard sentencing range, up to life in prison, for each
conviction. She argues that because “Blakely v. Washington
rejected the notion that this life term under RCW 9A.20.021(1)(a)
was the statutory maximum for a Class A offense,” the correct
maximum terms were 164 months for second degree murder and 102
months for manslaughter.8 Br. of Appellant at 7.
¶ 25 Contrary to Knotek's assertion, Blakely,
542 U.S. 296, 124 S.Ct. 2531,9 does not nullify life imprisonment
as the statutory maximum for a Class A offense. Rather, Blakely
outlined the procedure by which a life term for a Class A offense
may be imposed in the State of Washington: A life sentence is
possible for a Class A felony only if the trier of fact
specifically finds beyond a reasonable doubt, or the defendant
admits to, aggravating facts supporting an exceptional life
sentence. Otherwise, the effective maximum for a Class A felony
is the top end of the standard sentencing range, which here, is
164 months for second degree murder and 102 months for first
degree manslaughter. RCW 9.94A.510.
¶ 26 Under her pre-Blakely plea agreement with
the State, Knotek stipulated only to facts supporting convictions
for second degree murder and first degree manslaughter. She did
not stipulate to additional facts that could have supported an
exceptional sentence; nor was there a jury finding of these
additional facts, as Blakely required shortly after Knotek entered
her plea. Filed between Knotek's guilty plea and her sentencing,
Blakely eliminated the possibility of exceptional life sentences
that the trial court had discussed with her before accepting her
plea. Blakely thereby reduced the maximum terms of confinement to
which the court could sentence Knotek post-Blakely as a result of
her pre-Blakely plea-the top end of the standard ranges-164 months
for second degree murder and 102 months for first degree
manslaughter. RCW 9.94A.510.
¶ 27 The record clearly shows that, regardless
of Knotek's currently claimed understanding of the sentencing
consequences when she entered her pre-Blakely plea, before the
trial court sentenced her post-Blakely, she clearly understood
that Blakely had eliminated the possibility of exceptional life
sentences and, thus, had substantially lowered the maximum
sentences that the trial court could impose. Armed with this
knowledge, Knotek chose to proceed to sentencing in order to take
advantage of this windfall sentence reduction, knowing that if she
withdrew her plea and went to trial, she would face the
possibility of two life sentences.
¶ 28 Where a defendant enters a plea agreement
under the erroneous belief that her standard ranges are higher
than they are in fact, she is not entitled to withdraw her plea
under a claim that it was invalidly entered. In re Pers.
Restraint of Matthews, 128 Wash.App. 267, 273, 115 P.3d 1043
(2005). See also State v. Mendoza, 157 Wash.2d 582, 592, 141
P.3d 49 (2006) (where defendant is aware of an offender score
miscalculation before sentencing but does not object, she waives
any challenge to the voluntariness of her guilty plea on appeal.)
¶ 29 Moreover, Knotek never claimed to have
been misled about the consequences of her plea nor sought to
withdraw her plea before, or even immediately after, sentencing.
Instead, she waited for eight months before filing her motion to
withdraw.
2. Mandatory community custody and placement
¶ 30 Knotek also argues that her Alford plea
was involuntary because she was misinformed about the proper term
of mandatory community placement and community custody.
a. Community custody
¶ 31 Knotek first contends that (1) paragraph
6(a) of her Statement of Defendant on Plea of Guilty (“Statement”)
indicated that she faced a “community custody range” of 24 months
for her second degree murder conviction; (2) but there was no
such “community custody range” because this murder was committed
in 1991, before enactment of RCW 9.94A.717, which implemented
community custody; and (3) paragraph 6(f) of her Statement
specified that she faced “community placement” of 24 months or a
period equal to any earned early release time.10 This argument
fails.
¶ 32 Knotek's Statement properly informed her
of the mandatory periods of community placement for her second
degree murder conviction, Count I, committed in 1991. Paragraph
6(a), as it relates to Count I, refers to “community placement,”
not “community custody.” 11 Paragraph 6(f) expressly
acknowledges: “In addition to sentencing me to confinement, the
judge will sentence me to serve 24 months of community placement
or up to the period of earned early release, whichever is longer.”
Thus, Knotek's Statement shows that she received accurate
information about the community placement consequences of her plea
of guilty to the 1991 murder of Loreno.
b. Consecutive terms of community placement
and custody
¶ 33 Second, Knotek argues that, although her
guilty plea statement indicates she will serve her terms of
confinement consecutively, it does not state whether she would
similarly serve her terms of community placement for Count I and
the range of community custody for Count II consecutively. This
argument also fails.
¶ 34 Immediately underneath recitation of the
standard sentencing ranges, maximum sentence, and community
placement and custody terms for her two convictions, paragraph
6(a) of Knotek's guilty plea statement says that her “sentences
[are] to run consecutively.” A “sentence” is “[t]he judgment
that a court formally pronounces after finding a criminal
defendant guilty; the punishment imposed on a criminal
wrongdoer.” Black's Law Dictionary 1393 (8th ed.2004). In the
context of a guilty plea, community placement is deemed part of a
defendant's punishment. Ross, 129 Wash.2d at 285, 916 P.2d 405.
Therefore, the term “sentences” in Knotek's Statement necessarily
included her terms of confinement and her mandatory periods of
community placement and custody.
D. Additional SAG Arguments
¶ 35 In her SAG, Knotek argues that she did not
knowingly or voluntarily enter her Alford plea because (1) her
attorney coerced her to accept the plea agreement; (2) she was
not competent at the time she entered her plea; and (3) the
crimes to which she pleaded guilty “didn't fit” the facts. These
arguments also fail.
1. Voluntariness
¶ 36 The record shows that Knotek entered her
Alford plea voluntarily. The trial court asked five different
times whether anyone had coerced her to enter into the plea
agreement, and each time Knotek indicated that she was entering
her plea voluntarily. And nothing in the record indicates that
Knotek's attorney manipulated her into entering the plea, by
failing to inform her that an Alford plea is not a guilty plea.
¶ 37 On the contrary, the record shows that the
trial court specifically asked Knotek, “[D]o you understand that
an Alford plea is a guilty plea and you'll give up these rights by
making an Alford plea.” To which Knotek replied, “Yes.” RP (June
18, 2004) at 18. Consistent with this response, when the trial
court asked Knotek how she was pleading to each charge, Knotek
replied, “Guilty,” both times. RP (June 18, 2004) at 20-21.
See State v. Perez, 33 Wash.App. 258, 262, 654 P.2d 708 (1982)
(“When the judge goes on to inquire orally of the defendant and
satisfies himself on the record of the existence of the various
criteria of voluntariness, the presumption of voluntariness is
well nigh irrefutable.”).
2. Competency
¶ 38 The record also shows that Knotek was
competent to enter her plea of guilt. In Godinez v. Moran, 509
U.S. 389, 113 S.Ct. 2680, 125 L.Ed.2d 321 (1993), the United
States Supreme Court held that the level of competency required to
stand trial and plead guilty are the same-a “sufficient present
ability to consult with [her] lawyer with a reasonable degree of
rational understanding” and “a rational as well as factual
understanding of the proceedings against [her].” Godinez, 509
U.S. at 396, 400-01, 113 S.Ct. 2680 (quoting Dusky v. United
States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)). At
the time of her plea, Knotek's responses to the trial court's
thorough questioning demonstrated that (1) she had communicated
extensively with her attorney regarding the plea proceeding, and
(2) she had a firm grasp of the events that took place at the
proceeding. Furthermore, there is nothing in the record showing
that Knotek lacked competency.
3. Factual basis
¶ 39 The record shows that the facts
sufficiently support the crimes to which Knotek pleaded guilty,
including the intent element of second degree murder. SAG at 29.
¶ 40 CrR 4.2(d) requires the trial court to
determine whether there is a factual basis for the plea. A
factual basis for a plea of guilty exists if there is sufficient
evidence for a jury to conclude that the defendant is guilty.
The trial court need not be convinced of the defendant's guilt
beyond a reasonable doubt. In re Personal Restraint of Ness, 70
Wash.App. 817, 824, 855 P.2d 1191 (1993).
¶ 41 When a defendant enters an Alford plea,
the trial court must exercise extreme care to ensure that the plea
satisfies constitutional requirements. An Alford plea is valid
if the record before the trial court contains strong evidence of
actual guilt. Ness, 70 Wash.App. at 824, 855 P.2d 1191. Such is
the case here.
¶ 42 Knotek and the State stipulated that the
facts contained in the State's August 11, 2003 Probable Cause
Affidavit, the Bill of Particulars, and the State's brief in
opposition to Knotek's Motion to Sever Counts were sufficient for
a finder of fact to find her guilty of the two homicide charges
beyond a reasonable doubt. Ness, 70 Wash.App. at 824, 855 P.2d
1191 (the prosecutor's factual statement is a source the court may
consider at a plea hearing to determine whether the plea is
supported by sufficient evidence). These facts were sufficient
for a jury, or the court sitting without a jury, to conclude that
Knotek had the “intent to cause the death of another person,” as
required for second degree murder.12 State v. Caliguri, 99
Wash.2d 501, 503 n. 1, 664 P.2d 466 (1983) (intent to kill may be
inferred from circumstantial evidence); RCW 9A.32.050.
¶ 43 We hold that (1) record shows Knotek
entered her plea knowingly, intelligently, and voluntarily, (2)
that Blakely's effect in lowering her maximum sentences did not
affect the voluntariness of her plea; and (3) even if it did,
Knotek waived her ability to raise this issue when she proceeded
to sentencing fully intending to take advantage of this Blakely
windfall without then challenging the voluntariness of her plea or
the correctness of the sentencing information on which her plea
was based. Knotek having failed to show that her judgment and
sentence were void or any other reason warranting relief from
operation of the judgment, we uphold the trial court's denial of
her motion to withdraw her Alford plea. CrR 7.8(b)(4)-(5).
II. Effective Assistance of Counsel
¶ 44 Knotek next contends that she received
ineffective assistance from her two attorneys because they did not
(1) accurately articulate her concerns at sentencing; (2)
accurately explain that an Alford plea is a plea of guilt; and
(3) explain that the trial court does not have to follow the
State's sentencing recommendation after she enters her plea.
These arguments also fail.
A. Standard of Review
¶ 45 Review of an ineffective assistance claim
begins with a strong presumption that counsel's conduct fell
within the wide range of reasonable professional assistance. In
re Personal Restraint of Pirtle, 136 Wash.2d 467, 487, 965 P.2d
593 (1998) (citing Strickland v. Washington, 466 U.S. 668, 689,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). To prevail on this
claim, Knotek must show (1) her attorneys' representation fell
below an objective standard of reasonableness, and (2) their
errors were so serious as to deprive the defendant of a fair
trial. Strickland, 466 U.S. at 687, 104 S.Ct. 2052; In re
Personal Restraint of Rice, 118 Wash.2d 876, 888-89, 828 P.2d 1086
(1992). The latter element is met by showing that, but for
counsel's unprofessional errors, there is a reasonable probability
the outcome of the proceeding would have been different. Rice,
118 Wash.2d at 889, 828 P.2d 1086. In a plea bargaining context,
“effective assistance of counsel” merely requires that counsel
“actually and substantially assist[ ] his client in deciding
whether to plead guilty.” State v. Cameron, 30 Wash.App. 229,
232, 633 P.2d 901 (1981). Knotek fails to meet these criteria.
B. Trial Counsel's Performance
¶ 46 First, contrary to Knotek's contention,
before Knotek entered her plea, counsel informed the trial court
that they had gone over the nature of an Alford plea with her so
that she understood the concept. RP (June 18, 2004) at 4-5.
When the trial court asked Knotek directly if she understood that
“an Alford plea is a guilty plea and you'll give up [her relevant
constitutional rights] by making an Alford plea,” RP (06/14/04) at
18, Knotek replied, “Yes.” RP (June 18, 2004) at 18.
Additionally, before entering her plea, Knotek stated on the
record that she understood that the sentencing court need not
follow the State's sentencing recommendation.
¶ 47 Second, by arranging for Knotek to enter
an Alford plea, counsel allowed her to maintain her innocence 13
while simultaneously providing her an opportunity to plead guilty
to reduced charges with a low-end standard sentencing range
recommended by the State on both counts.
¶ 48 Third, Knotek's counsel adequately
addressed her concerns at sentencing. Even though Knotek took
responsibility for the victims' deaths by abuse, counsel
specifically told the court that Knotek had entered an Alford plea
because, although she took responsibility for the abuse that
occurred in her home, she still maintained she did not kill either
of the victims.
¶ 49 Knotek has not shown that her trial
counsel failed or prejudiced her in any way. Therefore, her
ineffective assistance of counsel arguments fail.
III. Judicial Conduct
¶ 50 Finally, Knotek argues that the trial
court engaged in judicial misconduct in (1) failing to call a
recess or to inquire whether she needed to speak with her attorney
when she was “upset” and “under duress”; and (2) ignoring that,
by entering an Alford plea, she was not admitting guilt. These
arguments also fail.
¶ 51 First, Knotek asserts in her SAG that the
trial court must have heard her saying she was not guilty when her
counsel told her to say she was guilty. But, the record does not
reflect such statements. Similarly, there is no indication in
the record that Knotek protested her innocence before she pleaded
guilty, as she alleges. Nor does Knotek further articulate how
her emotional state was evident to the trial court so as to prompt
additional questioning about whether she was entering her plea
voluntarily. On the contrary, the record supports the trial
court's conclusion that, after thorough dialogue with counsel and
the trial court, Knotek entered her plea intelligently,
voluntarily, and knowingly.
¶ 52 Second, the record shows that Knotek, both
counsel, and the trial court clearly understood the nature of
Knotek's Alford pleas. Numerous times throughout the
proceedings, the parties and court discussed Knotek's Alford plea,
the nature of which is reflected in her statement on plea of
guilty. For example, immediately after Knotek pleaded guilty to
both counts, the trial court noted, “[I]t's my understanding that
she's making an Alford plea on each count.” RP (June 18, 2004)
at 21. And at sentencing, (1) Knotek articulated on the record
her responsibility for the deaths, but not her guilt in causing
them; and (2) she explained to the trial court that she was not
contesting the charges because that would just bring more pain.
¶ 53 Knotek has failed to allege sufficient
facts to support her contention or to prompt additional review of
her claim that the trial court committed misconduct. Thus, we do
not further consider this argument.
¶ 54 Affirmed.
FOOTNOTES
1. North Carolina v. Alford, 400 U.S. 25, 91
S.Ct. 160, 27 L.Ed.2d 162 (1970).
2. RAP 10.10.
3. In her SAG, Knotek also asserts the
following: (1) she received unsatisfactory treatment in jail;
(2) she was denied her right to prompt mental health care; (3)
the State engaged in prosecutorial misconduct; (4) she was denied
her right to medical treatment; (5) both law enforcement and her
attorney could not find, or lost, an allegedly exculpatory letter,
the contents of which she does not reveal; and (6) law
enforcement mishandled her personal effects. These claims are
unsubstantiated, not recognizable on direct appeal of a criminal
conviction (in contrast with collateral attack in a personal
restraint petition under RAP 16), or not ripe for review; thus,
we do not address them.
4. For clarity, we will refer to Michelle
Knotek as “Knotek” and to David Knotek as either “David” or
“Knotek's husband.”
5. David separately pled guilty to murder in
the second degree, unlawful disposal of human remains, and
rendering criminal assistance in the first degree. His case is
not part of this appeal.
6. We granted Knotek's motion to file a late
notice of appeal from her guilty plea, judgment and sentence.
7. See CrR 4.2(f), which governs pre-judgment
motions to withdraw guilty pleas and references CrR 7.8 for
post-judgment motions.
8. The State argues that, even applying
post-Blakely standards, the trial court's instruction that Knotek
faced maximum life sentences for both counts was correct because
Knotek potentially faced “theoretical maximum” life sentences if
(1) she went to trial, (2) the State submitted aggravating factors
to the jury, and (3) the jury found her guilty of a Class A
felony. This argument fails to address that it is the direct
consequences of her guilty plea, not the maximum potential
sentence if she went to trial, that Knotek had to understand.
Ross, 129 Wash.2d at 284, 916 P.2d 405.
9. Blakely clarified the United States Supreme
Court's earlier opinion in Apprendi v. New Jersey, 530 U.S. 466,
120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), which held that “[o]ther
than the fact of a prior conviction, any fact that increases the
penalty for a crime beyond the prescribed statutory maximum must
be submitted to a jury, and proved beyond a reasonable doubt.”
530 U.S. at 490, 120 S.Ct. 2348 (emphasis added). The court in
Blakely explained that statutory maximum referenced in Apprendi
“is the maximum sentence a judge may impose solely on the basis of
the facts reflected in the jury verdict or admitted by the
defendant.” Blakely, 542 U.S. at 303, 124 S.Ct. 2531.
10. Knotek's Statement of Defendant on Plea of
Guilty. Clerk's Papers at 245-51.
11. The relevant table, titled “community
custody range,” specifically instructs the reader that it is
“[o]nly applicable for crimes committed on or after July 1, 2000”
and “[f]or crimes committed prior to July 1, 2000, see paragraph
6(f).” Clerk's Papers at 246-47.
12. These facts include that Knotek committed
particularly egregious forms of mental and emotional abuse against
the victims. More specifically, Knotek pulled the victim around
by her hair, frequently delivered blows to the head, forced the
victim to ingest medication, forced victim to ingest salt and
rotten foods, would “waterboard” the victim, forced the victim to
stay outside with little or no shelter, and would force the victim
to work outdoors in extreme weather conditions either naked or
minimally clothed.
13. In North Carolina v. Alford, 400 U.S. 25,
91 S.Ct. 160, 27 L.Ed.2d 162 (1970) the U.S. Supreme Court held,
“An individual accused of a crime may voluntarily, knowingly, and
understandingly consent to the imposition of a prison sentence
even if he is unwilling or unable to admit his participation in
the acts constituting the crime.” Id. at 37, 91 S.Ct. 160. In
State v. Newton, 87 Wash.2d 363, 552 P.2d 682 (1976), our State
Supreme Court adopted the Alford rationale and held that a guilty
plea from a defendant who maintains his or her innocence is
constitutionally valid if there is sufficient evidence to support
a jury verdict of guilty, id. at 370-71, 552 P.2d 682, and the
plea is “ ‘a voluntary and intelligent choice among the
alternative courses of action open to the defendant.’ ” Id. at
372, 552 P.2d 682 (quoting Alford, 400 U.S. at 31, 91 S.Ct. 160).