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COWLES PUB v. PIERCE COUNTY PROSECUTORS

No. 27114-1-II.

45 P.3d 620 (2002)

111 Wash.App. 502

COWLES PUBLISHING CO., Appellant, v. PIERCE COUNTY PROSECUTOR'S OFFICE, Pierce County, Washington; Gerald A. Horne, Prosecuting Attorney, Respondents, and Robert L. Yates, Jr., Intervenor/Respondent.

Court of Appeals of Washington, Division 2.

May 3, 2002.

Attorney(s) appearing for the Case

Mary Katherine Young High, Tacoma, Douglas Warren Vanscoy, Gerald Thomas Costello, Barbara L. Corey-Boulet, Pierce Co. Deputy Pros. Attys, Tacoma, Roger A. Hunko, Law Office of Wecker Hunko Bougher, Port Orchard, for Respondents.

Duane Michael Swinton, Witherspoon Kelley Davenport & Toole, Spokane, for Appellant.

ARMSTRONG, J.

The Pierce County Prosecutor denied a Spokane newspaper's request to copy materials that Robert Yates, Jr. submitted urging the Prosecutor not to seek the death penalty for two murder charges against Yates. The newspaper appeals. We hold that the mitigation package qualifies as an investigative record, protection of which is essential to effective law enforcement and preservation of privacy rights. Because the mitigation package is exempt from disclosure...

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