Reginald L. Juntunen, right, consults with his new lawyer about waiving the attorney, client privilege regarding his former lawyer who took the witness stand.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The Winlock man imprisoned for 25 years to life following a plea deal regarding the sexual assault of a child at a Mossyrock campground was denied his motion to withdraw his guilty plea.
Reginald L. Juntunen was 19 years old when the 8-year-old girl was attacked in a restroom, but wasn’t arrested until five years later in July 2012 after he was identified as a suspect through DNA.
Three and a half months later, without a fair opportunity to make an informed decision because of ineffective counsel, his lawyer says, he pleaded guilty to a 25 year minimum sentence. He was convicted of first-degree child molestation.
Juntunen, now 25, was back in Lewis County Superior Court on Friday, as was his new attorney Mitch Harrison and the court-appointed defense attorney who first represented him in the case, Chris Baum.
Joely O’Rourke, who prosecuted him, argued on Friday against the request.
Harrison told the judge a key issue was his client’s agreement to stipulate to the aggravating factor the offense was predatory, which added at least 15 years of incarceration. Harrison argued O’Rourke and Baum believed the factor was mandatory, without the benefit of a Supreme Court decision which said it was not.
Baum neglected to do any of the typical investigation for a case involving such a lengthy punishment, and he didn’t challenge the aggravator, Harrison said.
“The process in getting to the plea is more important than the plea itself,” Harrison said.
Among other failures the Seattle-based lawyer contended in his written motion, Baum presented no mitigating evidence to persuade O’Rourke to make a better offer.
When it was O’Rourke’s turn to make her arguments to Judge Richard Brosey, she told him she used her discretion in charging the aggravator because she felt the case called for it. And then she called Baum as her witness.
Baum explained he spoke to O’Rourke repeatedly trying to get her to drop the aggravator.
He testified he found the victim to be a compelling witness he was concerned a jury would easily believe.
His choices were limited in the way he proceeded, because his client in the very beginning told him he’d done it, he said.
“I thought there was a high likelihood he would be convicted, and I couldn’t find a decent defense,” Baum said.
After the hour and three quarters hearing, Judge Brosey denied the motion.
Juntunen’s lawyer plans to appeal the denial.
•••
For background, read “Winlock High School grad gets 25 plus years for molestation” from Wednesday December 12, 2012, here
Tags: By Sharyn L. Decker, news reporter
Asshole should have one hundred years they will let bout a few years and Say hiscured.seen it happen many times some quack decides ad he will do it again
Good!! If he had any kind of respect he would stop trying to lower his sentence. I pray for the victim and her family that this rapist never leaves prison.
Rot in prison you pathetic child molester.