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Clark v. Baines2/5/2004
Oral Argument Date: 11/13/2003
Concurring: Faith Ireland, Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Susan Owens, Tom Chambers, Mary Fairhurst.
En Banc
Following Wayne A. Baines's entry of an Alford plea to two counts of fourth degree assault with sexual motivation, the complaining witness, Piety Ann Clark, sued Baines for sexual battery and outrage. Baines counterclaimed for malicious prosecution of Clark's civil action. On Clark's motion for partial summary judgment, the trial court dismissed Baines's counterclaim after concluding the record of Baines's Alford plea conclusively established probable cause for Clark's civil action. The Court of Appeals affirmed in a split decision. We hold an Alford plea cannot be used as the basis for collateral estoppel in a subsequent civil action. Accordingly, we reverse the Court of Appeals and remand the case to the trial court for further proceedings.
FACTS
In 1997, Baines worked as a part-time, state-provided caregiver for Clark, who is legally blind. On October 2, 1997, Clark contacted the Pierce County Sheriff's Office and alleged Baines had raped her on several occasions and had threatened her with a gun. On October 6, 1997, the State charged Baines with first degree rape with a firearm enhancement. At his arraignment Baines pleaded not guilty.
Sixteen months later the State amended the charges to two counts of fourth degree assault with sexual motivation. In a written statement, the State explained:
The State is not saying that a sexual assault of some sort did not occur, however, there is a significant problem with the credibility of the victim. The victim is legally blind, however, after speaking with witnesses, some of whom have seen her driving, it appears that she can see to a far greater degree than she will admit to. Her sight would have been an issue at trial.
A conviction as charged would be furhter {sic} doubtful becuase {sic} there is strong evidence that the victim and the defendant may have engaged in a mutual sexual relationship in which the victim was rejected.
Clerk's Papers (CP) at 20.
On February 24, 1999, Baines entered an Alford plea to both counts in the amended information in exchange for the State's recommendation of one day in jail with one year of probation. In a document titled 'STATEMENT OF DEFENDANT ON PLEA OF GUILTY,' Baines explained his decision to accept the State's offer:
Although I maintain my innocence I am entering into this plea agreement because after reviewing the facts and law with my attorney I believe a jury would find me guilty of the crime charged in the Amended Information if the case proceeded to trial and I desire to take advantage of the State's recommendation.
CP at 22. Baines's attorney told the court that Baines was not agreeing to the facts, but had agreed to enter an Alford plea to avoid the risk of a first degree rape conviction. The court accepted Baines's Alford plea and followed the State's sentencing recommendation.
On May 13, 1999, Clark filed a complaint in the Superior Court of Pierce County against Baines for sexual battery and outrage. Baines filed an answer in which he denied Clark's allegations and counterclaimed for malicious prosecution of Clark's civil action.
On March 9, 2000, Clark moved for partial summary judgment seeking dismissal of Baines's counterclaim. She argued Baines could not maintain his malicious prosecution counterclaim because the criminal case had not terminated on the merits in his favor. Clark also claimed Baines could not prove he
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