MYNORTHWEST NEWS

McKenna: I was unaware of email dismissing Washington prisoner recalculation

Dec 31, 2015, 1:50 PM | Updated: 2:08 pm

Former Attorney General Rob McKenna says it wasn't until last week that he was aware of an email to...

Former Attorney General Rob McKenna says it wasn't until last week that he was aware of an email to the state's Department of Corrections, advising the department to not recalculate sentences for prisoners after a software coding error. (AP)

(AP)

Former Attorney General Rob McKenna says it wasn’t until last week that he became aware of an email to the state’s Department of Corrections, advising the department to not recalculate sentences for prisoners after a software coding error.

“The first I heard about it was last week when the Governor’s office contacted me to let me know this issue had arisen with the early release,” McKenna told Seattle’s Morning News.

Documents released by the Department of Corrections show the attorney general’s office advised the agency in 2012 that it wasn’t necessary to hand recalculate sentences for prisoners even after a software coding error that ultimately led to the erroneous early release of thousands of prisoners was brought to light.

Related: This secretary of corrections takes his job quite literally

Emails released Wednesday night in response to a public records request by The Associated Press show Ronda Larson, the assistant attorney general assigned to the agency, wrote in December 2012 that from a “risk management perspective,” a hand recalculation wasn’t necessary because software reprogramming would eventually take care of the issue. That fix was never done.

As far McKenna says he knows, Larson did not notify her supervisors about the advice.

“I checked with some of my former senior staff, they didn’t know about it,” McKenna explained. “Apparently, she made this decision and didn’t consult the people in the office she should have been talking to.”

The Seattle Times reports that Larson told DOC that “It would be reasonable to not manually fix the hundreds of sentences… and instead wait for reprogramming [of software].”

If Larson had consulted with lawyers at the time, McKenna says they would have had a “very different opinion” on the situation. They would have told the DOC to begin hand-counting, he says.

Last week the state announced as many as 3,200 offenders have been wrongly released since 2002. More than two dozen who need to serve additional time are back in custody. One offender who should have still been in custody was charged with vehicular homicide for a fatal crash that occurred in November.

So who is legally liable if offenders who should be in custody cause harm?

McKenna says it could be a mix, but Larson’s advice doesn’t cause the liability. The liability was caused back when the software error was created to begin with and compounded by DOC’s decision to hold off on the software fix and decision to not recalculate release times. The attorney general’s office assumed the problem would be fixed.

The state could be on the hook for millions of dollars in damages if offenders cause harm, McKenna says. A wrongful death case, such as the vehicular homicide that killed Lindsay Hill in November, could run into the millions, he explains.

“Until it’s known how many offenders committed a bad act, it is impossible to know,” he added.

The Associated Press contributed to this story.

MyNorthwest News

Image: Brightly colored eggs are set on a table on the South Lawn of the White House in Washington,...

Ted Buehner

Expect good Easter weekend weather for egg hunts, chilly evening Mariners games

Both Saturday and Sunday of Easter weekend will feature temperatures warming to around 60 degrees across much of Western Washington.

12 hours ago

Taylor Swift performs onstage during the Taylor Swift | The Eras Tour at Lumen Field on July 22, 20...

Micki Gamez, KIRO Newsradio and Bill Kaczaraba, MyNorthwest

Seattle tourism dollars break records following All-Star Week, Taylor Swift

It was a record-setting year for dollars flowing into Seattle from tourists.

13 hours ago

Image: A bridge in Carnation....

Julia Dallas

Carnation frustrated with Seattle again after 8th false emergency alarm induces widespread panic

Carnation citizens have faced a series of panic-inducing alarms after SPU's system for the Tolt Dam falsely sounded eight times.

15 hours ago

Grocery store shopper...

Bill Kaczaraba

Ways to deal with Seattle grocery store sticker shock

Seattle grocery store sticker shock continues to play havoc on locals, but there are ways to counter high prices.

15 hours ago

belltown hellcat social media...

Frank Sumrall

Infamous ‘Belltown Hellcat’ social media influencer charged with reckless driving

The social media influencer has been accused of driving 107 miles per hour through Belltown in a Dodge Hellcat.

16 hours ago

KIRO Newsradio gracie awards...

MyNorthwest Staff

KIRO Newsradio anchors receive Gracie Awards for outstanding work

Heather Bosch and Lisa Brooks, anchors at KIRO Newsradio, have been honored by the Alliance for Women in Media with prestigious Gracie Awards.

19 hours ago

McKenna: I was unaware of email dismissing Washington prisoner recalculation