The attorney for two sisters argued Monday that Federal Way police failed to enforce an anti-harassment order, resulting in the 2008 murder of their mother, Baer-bel Roznowski.
“This is a murder that never, never should have occurred,” said Jack Connelly, the lawyer for Roznowski’s daughters Carola Wash-burn and Janet Loh, in their civil lawsuit against the City of Federal Way.
But the attorney for the City of Federal Way said a police officer properly delivered the anti-harassment order and told Roznowski’s live-in boyfriend, Chan Ok “Paul” Kim, to leave.
“Kim, not the city, is responsible for this death,” said Bob Christie, attorney for the City of Federal Way.
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After closing arguments and six days of testimony, a 12-member jury will decide whether Federal Way police were negligent and failed to follow standard police practices when officer Andy Hensing delivered a protective order.
Roznowski, 66, was stabbed to death May 3, 2008, by Kim, three hours after Hensing delivered the protective order.
The family’s lawsuit says Hensing handed the order to Kim and left with him still there, even though the officer saw Roznowski in the house.
Connelly said Hensing hadn’t read court documents when he delivered the order, including information from Roznowski that Kim was “likely to react violently when served.”
Hensing should have reviewed the documents and should have made sure Kim understood the order to stay 500 feet away from Roznowski’s house, Connelly said. He also should have contacted Roznowski and stayed until Kim left Roznowski’s house, Connelly said.
The lawsuit also says Hensing failed to use an interpreter to make sure Kim, a Korean American who has said he doesn’t understand English well, knew he needed to leave the house immediately and not return.
Kim pleaded guilty in January to killing Roznowski, agreeing to a reduced charge of second-degree murder. Kim, now 71, was sentenced in March to the maximum prison term of 20 years and four months.
Christie maintained Hensing properly served the anti-harassment order as required by law. He stressed the difference between an anti-harassment order and a domestic violence order.
An anti-harassment order is enforced after it’s served, and its delivery is entered into police records. In the case of a domestic violence order, police stay until the subject of the order leaves, Christie said.
Connelly called Christie’s distinction a “frivolous defense.”
An anti-harassment order was “more than sufficient,” Con-nelly said.
“Protection orders are not pizza delivery,” Connelly said. “Protection orders involve police work.”
Hensing said in his police report that when he delivered the order at 8:08 a.m., he saw someone in the background but couldn’t determine if the person was male or female. Hensing said he told Kim to leave and comply with the order, and Kim told him he understood.
Kim later left Roznowski’s house in the 2000 block of Southwest 353rd Place but returned before police arrived at 11:39 a.m. and found Roznowski dead, according to court documents.
The civil trial started Dec. 6 at the Regional Justice Center in Kent with King County Superior Court Judge Andrea Darvas presiding.
Washburn, 49, and Loh, 46, filed their lawsuit in May 2009 in their names and on behalf of their mother’s estate without specifying a dollar amount for damages.
On Monday, Connelly suggested to the jury a damage award ranging from $6 million to $8 million.