OLYMPIA, Wash — In a 5-4 decision, the Washington State Supreme court rejected a lawsuit calling for the release of thousands of inmates due to the threat of a coronavirus outbreak in state prisons.
The justices said that the prisoners who had sued did not make the case that the Department of Corrections was not properly addressing the risk of COVID-19
Washington's Department of Corrections had already been in the process of releasing 1,000 inmates to prevent a coronavirus outbreak in state prisons.
But lawyers for the five inmates who filed suit argued that wouldn't be enough for social distancing measures, and that many more people needed to be released.
"Overcrowding is always unpleasant. Sometimes it's unconstitutional. But in this case it can be deadly and that's why we're here,” the inmates' attorney Nicholas Straley argued in a hearing earlier Thursday. “We're asking for an extraordinary remedy to fit an extraordinary moment."
John Samson, an assistant attorney general representing the state, argued that the state is already releasing 1,000 inmates early, and increasing the number would be a risk to public safety and could overwhelm social services.
“If you continue adding thousands and thousands the resources are going to be broken, the system’s going to be broken," Samson said.
The state already was in the process of releasing more than 1,000 offenders who are serving time for non-violent offenses.
Lawyers for the state had argued that under the inmates' lawsuit, those convicted of violent crimes, even murder, might be released.
Washington Gov. Jay Inslee praised the decision.
“We’re grateful for the Court’s careful review of this serious matter. The DOC will continue to take all possible measures to care for the health and safety of incarcerated persons,” Inslee said in a prepared statement.
The Washington Association of Sheriffs and Police Chiefs also supported the ruling.
"A sudden mass release would have increased the number of new crimes committed, creating public safety concerns," the organization said in a prepared statement. "Washington has a case-by-case release system to reduce inmate populations in response to COVID-19 and it should be maintained in support of public safety."
The decision also reassured Tonya Fenton, whose mother Julie Binschus, was killed in 2008.
"It's such a relief," Fenton said. "I'm so happy."
She said the past week had been very emotional for her and her family, but she was relieved her mother's convicted killer, Isaac Zamora, and other violent criminals would not be getting out of prison early.
Fenton had spoken out against the inmates' case before the justices released the ruling.
“We worked so hard the past 12 years to be positive and live a good life,” said Fenton. “To have this thrown in our face for no reason, because of COVID-19, it’s unfair.”
For the first time in state history, the Washington Supreme Court heard the arguments in their separate chambers using the teleconferencing software Zoom.
The state currently has 13 inmates who have tested positive for coronavirus, with 12 of those cases at the Monroe Correctional Complex.
WATCH THE STATE SUPREME COURT HEARING