(Editor’s Note: This story was posted on Orcas Issues with the notation “From the Prosecutor’s Office,” as it appeared in sanjuanislander.com
That designation was in error, we learned after contacting the Prosecutor’s Office and the Speeds. We apologize to the Speeds and to the Prosecutor’s Office for this mis-attribution.
Because the story, as written by sanjuanislander.com Editor Sharon Kvisto, relied on public documents, and because it has garnered responses from the public and the individuals involved, we are leaving the story posted, and advise our readers to read the comments as well.
Thank you for being responsive readers, and for accepting our apologies for this mistake.)
Judge’s decision on May 7
By Sharon Kvisto, Editor sanjuanislander
Google Earth aerial photographs were used to obtain a search warrant after numerous unsuccessful efforts to obtain Errol Speed’s permission to visit his Orcas Island property to follow up on a complaint of a suspected unpermitted single-family residence.
Speed was subsequently charged with three misdemeanors and one gross misdemeanor – providing false statements or misleading statements to a public servant (the county assessor).
[On] Wednesday, March 20,2013 in San Juan County District Court, Judge Andrew [heard] arguments regarding the validity of the search warrant.
In court documents, Speed says the resolution of the images on Google Earth is higher than what could be seen with the naked human eye from an aircraft 1,000 feet above his property. Therefore, details such as the deck, chimney, skylights and porch on what he calls his accessory agricultural building couldn’t be seen and therefore there no grounds for a search warrant.
(To read the full article, go to sanjuanislander.com/search-warrant-for-unpermitted-residence-challenged )
I would like to make clear to your readers that the statements in the article are based on prosecutions documents, not just court documents. It seems very one sided if you only quote the Prosecutors documents. These are allegations.
I also must state that at no time have you (sanjuanislander) or (orcasissues) anyone else spoken with us or made an attempt to hear both sides as most journalist would do in writing a balanced and factual story.
There are misleading statements you have made and I wish to clarify. I feel these points are important for our community to understand.
1) the article states “Google Earth aerial photographs were used to obtain a search warrant after numerous unsuccessful efforts to obtain Errol Speed’s permission to visit his Orcas Island property to follow up on a complaint of a suspected unpermitted single-family residence.”
CORRECTIONS:
Numerous Unsuccessful Efforts
At no time did CD&P ask to come to our property. Prior to the illegal search warrant, Amy Vira- deputy prosecutor stated we needed to provide a statement of exemption as required by owner builder code. We did so at their request. Once we submitted the exemption to the county, Amy Vira and CD&P then changed their stance and stated “that there is some disagreement regarding the size of the structure” (Jan. 27th 2012).
Even after the criminal search warrant the enforcement officer states in his declaration , the structure in question, “calculated… to be approximately 987 square feet.
The structure is less than 1000 square feet and is eligible for the exemption. No facts have been provided to dispute that.
The county then filed civil suit. We responded to the suit and made an offer to come and inspect and take measurements for the structure in question. The county ignored our offer for six months. No negotiations or “efforts” were made by the CD&P /PA to negotiate a settlement. SILENCE. No civil remedies were pursued by the county.
Six months later after no communication from the county, we were served with a criminal search warrant. The search warrant was based on Google and Polaris photos, a declaration by the Enforcement officer, based on assumption with little fact, and a declaration by the Sheriff.
Complaint
There is no formal written and signed complaint. CD&P had a conversation with a person who has never viewed our property and CD&P chose not to require a complaint. Instead an activity report states “I observed the following activity occurring at ….” The second paragraph then states, “Direct observation of the subject property was unavailable”. Two directly conflicting statements.
Google
Aerial photos from Google and Polaris were used to obtain an illegal search warrant. Both are government created information.
Now my husband is being prosecuted as a criminal, without the correct due process, without the proper procedure being followed by CD&P and the civil remedies. We have not ever received a notice of correction, compliance plan, or even a phone call simply asking how the matter could be resolved more amicably.
Thank you
Kathleen Speed
I am disappointed that this story was re-published from another outlet without contacting the Speeds for confirmation or at least their side of the story.
There seems to be two sides to every story. I previously have dismissed this story as a local food fight between competing businesses. It seems wrong that niether Orcas Issues nor the San Juan Islander have taken the time to ask Kathleen Speed how it was going from her side.
At the end of the day are we as nieghbors better off by slamming someone down for building something useful to themselves? If we look around enough, given all of the rules that the State and County have on the books, there is probably a land use violation in everyone’s future. If we continue to “narc” our nieghbors out you can just bet on it…
While I am not in agreement with breaking rules I think it is very important that we give the landowner the most possible grace and help them get into compliance. I have heard from one side that the county has tried but Kathleen’s post has made me wonder.
So sorry not to see both sides from Orcas issues