Rape case ends in mistrial

By Jeremy Pawloski | The Olympian • Published August 29, 2008

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OLYMPIA – A jury could not reach a verdict Thursday in the trial of a man accused of breaking into his ex-girlfriend's Lacey apartment in 2007, and the judge declared a mistrial.

Thurston County Deputy Prosecuting Attorney John Skinder said in court Thursday that he plans to retry Nathan Anderson, 26, on one count each of first-degree rape and first-degree burglary with sexual motivation. Anderson's defense attorney, Richard Woodrow, said that the jury was split 6-6 on whether to acquit or convict.

In court, Woodrow asked Thurston County Superior Court Judge Richard Hicks to lower Anderson's $100,000 bail, given that Anderson has been in jail for more than a year since he was arrested and the jury could not reach a decision after hearing all the facts.

Skinder objected to the bail-reduction request, arguing that Anderson wrote notes while in jail threatening to "gut" both the investigating Lacey detective and his accuser when he got out.

No decision on bail

Hicks said he could see both attorneys' arguments but would not rule on bail reduction until Woodrow requested a hearing on the matter and a motion was submitted to him in writing. Hicks said he would want some sort of assurance of safety for the accuser if Anderson were to make bail, such as electronic monitoring.

Outside court Thursday, Woodrow said he thinks the jury should have acquitted Anderson because witnesses supported Anderson's alibi that he was at home when the alleged rape occurred. Woodrow added that other witnesses testified that the accuser's "reputation is one for dishonesty in the deaf community."

Anderson and his accuser are hearing-impaired. Two American Sign Language interpreters were in court during Anderson's trial to translate the proceedings.

Woodrow said at trial that Anderson's accuser made up the rape accusation to retaliate after Anderson slashed the tires of her car, scratched the body and smashed its taillights in April 2007.

Anderson has admitted to the vandalism but was never charged, police say.

Anderson's accuser told police that July 29, 2007, Anderson grabbed her from behind as she was entering her shower and assaulted her. She said he wore rubber gloves.

Skinder said at trial that notes Anderson wrote to fellow inmates while in jail are incriminating, including one in which an inmate's written question reads, "So bro are you guilty or not?" Anderson's response reads, "I did it, nothing will change." The notes were presented to the jury during the trial.

Woodrow has said that the notes written by Anderson were taken out of context and that the one in which he wrote, "I did it, nothing will change," was actually a response by Anderson to a question about whether he had stolen a pill from the questioner.

Jeremy Pawloski covers public safety for The Olympian. He can be reached at 360-754-5465 or jpawloski@theolymipan.com