Kristina M. Auckland consults with her defense attorney today in Lewis County Superior Court.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – There will be no trial for the Cedar Creek Corrections Center counselor accused of committing a crime by spending nights at a Centralia motel with a former inmate, including the day he was released from prison.
Lewis County prosecutors dropped the charge of first-degree custodial sexual misconduct they had filed last autumn against Kristina M. Auckland.
They also dismissed a charge of witness tampering and offered Auckland a deal.
Lewis County Deputy Prosecutor Sheila Weirth told a judge today it was because of problems with evidence that would have made it difficult for the state to proceed. Weirth instead charged Auckland with two gross misdemeanors; attempted tampering with a witness and suggested Auckland’s contact with the alleged victim was the reason prosecutors may not have been able to prove their case.
“It would have depended upon (the alleged victim’s) truthfulness at trial,” Weirth said.
The 31-year-old Castle Rock woman was arrested Nov. 19, spent one night in jail and was charged with a felony prosecutors said was because she supervised the inmate in prison and that even after his release, she would have influence over his treatment while he was on community custody.
The 33-year-old man was released from confinement on Oct. 18. After Auckland’s arrest, he told detectives the relationship was completely consensual, according to court documents.
Centralia attorney Shane O’Rourke defended his client vigorously before Lewis County Superior Court Judge James Lawler this afternoon.
He said he didn’t think he’d ever been a part of a case where the two sides were so far apart in their interpretations. Auckland wasn’t in a supervisory position over the former inmate, he said.
“We believe no crime was committed in this case,” O’Rourke said. “This is a product of hours of investigation.”
O’Rourke told the judge that even though he believed his client would have been exonerated at trial, because she couldn’t be certain of that and because of her children, she wanted to go along with the plea deal.
Auckland made an Alford plea this afternoon to two counts of attempted tampering with a witness.
She doesn’t admit guilt, but agreed if a judge or jury heard the facts as presented by prosecutors and believed them, it would be highly likely they would find her guilty.
O’Rourke asked the judge to defer her sentence for as long as two years and said if it were up to him, he’d give her zero jail time.
Weirth recommended she spend 30 days in jail and have the rest of a 364 day sentence suspended.
“Her behavior was very, very serious,” she said. “Especially after she was ordered by the court and admonished by the court not have contact.”
Weirth also asked that Auckland be prohibited from contacting the former inmate for as long as she works for the state Department of Corrections; not for his protection, but for the protection of the state agency.
Judge Lawler said no to a no-contact order, unless the former inmate requested it.
Lawler sentenced Auckland to 364 days in jail, with all but 30 of the days suspended. He said she could do her time on electronic home monitoring.
“That’s a break you’re getting,” Lawler told her. “If you violate that, you’re going to get a bunch more time.”
The trial which was to begin next week in Lewis County Superior Court was stricken from the calendar. Auckland has until the evening of March 15 to begin her month of house arrest.
As of today, she remained on administrative leave from her job, according to her lawyer.
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For background, read “Prosecutors: Littlerock prison employee recommends early release for inmate, meets him at motel” from Friday November 20, 2015, here
Tags: By Sharyn L. Decker, news reporter
@Brittany
The only thing she did wrong was develope a relationship with an inmate while he’s in prison and she was supervising him while he was, compromise the safety of every staff, every inmate and the public by having an inappropriate relationship with an inmate, then when busted, she tampered with the witness so all the facts would never come out and her full involvement would never be exposed. You sound very naive, and even more so if you think a male in her position would not have been treated harsher.
To me the only thing she did that was wrong was getting involved with an inmate while she was on the ” job” which should of gotten her fired not charged with anything criminally.. They were both well over legal age,wasn’t like she was 30 something and him 18 or younger. No,in fact,the inmates older then her. I wonder if her husband is divorcing her for her cheating on him?? Anyways this is laughable for the most part…
@ SinDiesel. – your comments bullshit unless the woman claimed rape but if it was like this case ,it would of went same way..unless the guy claimed rape.. Lol.
This turned out the way I hoped it would
Sounds likes she still on,administrative leave. And she still has to do 30 days confinement. Due to fact she work is for,the Department of Corrections I,would hope that she would be fired. But with the state she may just transferred.
@Peabody – Reminds me of the “Better Call Saul” show when they show flashes of him representing all of those losers as a PD and then collecting $700 a piece from the city of Albuquerque.
I would say that if, you are extremely well organized, and have a couple of good paralegals that you could maintain a very busy legal agenda and give good representation as a public defender. Don’t know, but I’m guessing that most of the Lewis Country lawyers that do PD work aren’t that well organized. They probably meet you 10 minutes before court and plea you out 90% of the time.
Never had to use one, so I just don’t know. Haven’t had legal problems since the 80’s when I went a little nuts over breakup with my young girlfriend and got thrown in the old King Country jail and beat up by the jailers. I hired a good lawyer and got clean from that one and haven’t seriously sinned since.
How many people can this O rourke guy realy Honestly represent effectivley. Case after case O rourke’s name is brought up. Im sure if a real investigation were to take place the Lawyers would be locked up with their clients for de frauding the state of Washington for padding their time they auctualy worked on the case.
“O’Rourke told the judge that even though he believed his client would have been exonerated at trial, because she couldn’t be certain of that and because of her children, she wanted to go along with the plea deal.”
If she was that concerned about her children, she wouldn’t be screwing around with inmates at motels. Way to spin like Brenda Lee rocking around the Christmas tree, Shane.
If she was a guy and the inmate was a female, they would have thrown the book at her. Must be nice.
Im wondering will she keep her job?. This just goes to show us that the system dosent like to prosecute one of their own. If this was anyone else they would move forward with felony charges. Just another example of what happens when your a member of the good Ole boy club.