Charles Corliss (Corliss) and an accomplice kidnapped and murdered Donald Hammer, a Montana businessman, in 1965.  Corliss was sentenced to imprisonment for life at the Montana State Prison (Prison) for the execution-style murder and to an additional ten-year sentence for the kidnapping, to be served consecutively to the life sentence.

While at the Prison, Corliss attempted to escape several times.  In one such attempt in 1968, he and other inmates tied up a Prison employee.  Corliss pled guilty to holding a person against his will and received a three-year deferred sentence. 

Corliss escaped from the Prison in 1974 and was apprehended nine days later at the home of his wife, Betty Corliss (Betty), in Deer Lodge, Montana.  He pled guilty to escape and received a five-year sentence to be served consecutively to his sentences for kidnapping and murder. 

Corliss also attempted suicide several times while incarcerated and was transferred from the Prison to the Warm Springs State Hospital (Warm Springs) in 1979 as a result of such a suicide attempt. 

Corliss was released from Warm Springs in 1983 on a furlough and subsequently was granted parole in 1985.  Corliss' parole carried with it the standard conditions and restrictions, including the prohibition against owning, possessing or being in control of any firearm or other deadly weapon.

From 1986 through the time period relevant here, David Robbins (Robbins) was Corliss' parole officer.  On April 13, 1990, Robbins authorized Corliss to travel to Bellevue, Washington, for a vacation and to look for employment.  Under the written two-week travel permit, Corliss was to reside with his brother-in-law in Bellevue. 

Robbins did not verify Corliss' living arrangement in Washington and, indeed, Corliss did not live with his brother-in-law during that time.  Nor did Robbins notify Washington authorities of Corliss' presence there, as is the standard procedure under such circumstances.

Robbins instructed Corliss to visit a parole officer while in Washington, but Corliss failed to do so.  After spending approximately two and a half months in Washington, Corliss sent Robbins a letter dated July 5, 1990, informing Robbins that he was unable to find a parole officer. 

Robbins did not take any action to ensure that Corliss comply with his instruction to report to a Washington parole officer.  At that time, Corliss' travel permit had been expired for approximately two months.

During the same time period, Corliss called Robbins from Washington and informed Robbins that he had a girlfriend, Tamera Farrington (Farrington), and that she had obtained a temporary restraining order (TRO) against him for allegedly putting sugar in her gas tank.  Corliss assured Robbins that it was all a misunderstanding. 

According to Robbins, Farrington then got on the telephone and reiterated that the TRO was the result of a misunderstanding; Farrington denies that she ever spoke with Robbins on the telephone.  Robbins did not make a record of his conversation with either Corliss or Farrington.

Robbins did not ask Corliss to send him a copy of the TRO or attempt to obtain a copy from Washington authorities.  The TRO was filed on July 5, 1990, and described a number of incidents in which Corliss had acted violently toward Farrington. 

Farrington alleged in the TRO that Corliss struck her on two occasions in March of 1990 and repeatedly hit her on two other occasions in April and May of 1990.  She stated that Corliss "threatened to kill [her] and described the places he could 'hide [her] body.'  He threatened [her] family, [and] friends. . . ." 

Farrington further alleged that, on July 1, 1990, Corliss backhanded her twice across the face, put sugar in her gas tank and threatened her life. 

Farrington sent Robbins a letter dated July 12, 1990, stating that "[t]his is to assure you that what [Corliss] is telling you is true."  She stated that she had no intention of filing charges against Corliss because she could not be sure he was the one who put sugar in her gas tank. 

Farrington did not mention the allegations contained in the TRO regarding Corliss' violence and threats against her or his threats against her family and friends. Farrington included her address and telephone number at work in the letter.  Robbins did not attempt to contact her regarding the TRO or her letter.

Corliss returned to Montana on July 13, 1990, and met with Robbins.  Robbins issued Corliss a thirty-day travel permit the same day which allowed Corliss to relocate his family to Washington.

Approximately two weeks later, Robbins received a telephone call from Corliss and his wife, Betty.  Corliss informed Robbins that Betty had learned of his affair with Farrington and had threatened him with a gun and a knife at their home. 

Betty denied threatening Corliss with the weapons.  She did express a great deal of anger about Robbins' failure to tell her about Corliss' affair prior to her quitting her job in Montana and relocating to Washington.

Corliss obtained a TRO against Betty on August 1, 1990, and sent a copy of the TRO to Robbins.  The TRO described an altercation between Corliss and Betty where Betty "went to a bedroom and took a .38 pistol and said she was going to kill [Corliss]."  Although possession of a firearm is a parole violation, Robbins did not investigate whether there was, in fact, a firearm in the Corliss residence.

Corliss contacted Robbins in early October and informed Robbins that he was reconciling with Betty and moving back into their home.  Robbins did not ask whether the .38 pistol Corliss had said was involved in the altercation with Betty was still located in the home.

In a letter to Robbins dated October 10, 1990, Corliss stated that Farrington was not going to "quietly go out of [his] life." Five days later, Corliss broke into Farrington's home while she was away and hid until her return. 

Farrington arrived home with three friends--Kimberly Starkenburg (Kimberly), April McCarty (April) and Brenda Mahoni (Brenda).  Farrington, April and Brenda went directly inside while Kimberly remained outside.  Brenda opened a bedroom door and Corliss stepped out and held an "old revolver" to Brenda's face.

He made April and Brenda kneel on the floor next to each other.  He hit Farrington, knocking her to the floor, and then stepped outside, grabbed Kimberly by the arm and dragged her inside. Corliss made Kimberly kneel on the floor beside April and Brenda.

Farrington got up and ran out the front door.  Corliss fired a shot at her, but missed.  Corliss then returned to where the three women were kneeling.  He shot Kimberly first and then shot April and Brenda.  April and Brenda fell to the floor after being shot; Kimberly remained kneeling.  Corliss shot Kimberly a second time and she fell to the floor.  He then fled out the front door.

April went to Kimberly's aid, trying to get her to speak. April could hear gurgling noises coming from Kimberly which sounded "like she was trying to breathe, catch her breath."  April then tried to go out the back door for help.  Corliss was hiding in the back yard and, when April opened the door, he shot her a second time. 

Farrington arrived with the police approximately fifteen to twenty minutes later.  Kimberly died as a result of her gunshot wounds.  April and Brenda survived; April has a .38 caliber bullet lodged near her spine.