Mark Rathbun Certificate Of Probable Cause

Seattle Police Department

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CERTIFICATE FOR DETERMINA nON OF PROBABLE CAUSE

lNCfDeNT NUMBER

96-343148 UNIT FII.= NUMBeR

That Anthony Stevenson is a Detective with the Seattle Police Department and has reviewed • the investigation conducted in Seattle Police Department Case Number 96-343148; J

There is probable cause to believe that Mark Wayne Rathbun, D.O.B.: committed the crime (s) of Rape, Kidnap, Assault and Residential Burglary.

01-24-1970

This belief is predicated on the following facts and circumstances:

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That Mark Rathbun unlawfully entered the homes of three victims within a period of several months in 1996, held them by use of physical force and/or threats and had sexual intercourse with them by forcible compulsi~n. That these three incide(ltJ> occurred within th" r.it" nf BeattiE' r.nlln,t\l of King and State ofWashlnr't,:,~ , , On May 13th , 1996, "PV", a 29-year:olcl fe'm;;d~ at the time, was reportedly asleep in her bed at her residence located at 329 Northwest 46th Street, Seattle, Washington. "PV" was suddenly awakened at approximately 0045 hrs by something .touching her vaginal area. When "PV" brushed whatever it was away from her vaginal area, she felt a person there. "PV's" room was dark, but her eyes eventually adjusted for her to see a male, of unknown ethnicity, approximately 22-years-old, 5 foot, 9 inches tall, 150 Ibs., dark and curly hair, "big eyes," dark skin tone, muscular build, with full lips and wearing only an unknown head garment, dark bikini style Underpants and gloves. The male jumped onto her bed. "PV" screamed, but tlie male put one of his gloved hands over her mouth and told her not to say a word or he would "snap" her neck. The male told "PV" that he would not hurt her as long as she did what he said. "PV" reported that she was in fear for her life. The male told "PV' that he wasn't going to rape her but that he wanted to perform oral sex on her. The male told "PV" several times during this encounter that he wanted her to enjoy it. The males voice was clear and did not have an apparent accent. The male licked and kissed "PV's" breasts. The male pulled down "PV's" panties and penetrated her vagina with his own tongue and fingers. The male performed oral and digital sexual intercourse on "PV" for approximately five minutes. The male then told "PV' that he wanted to have sexual intercourse with her in the traditional sense. The male climbed on top of "PV", but did not have intercourse with .her at that time. "PV" reported that the male asked her if it was okay with her and told her that he wanted her to enjoy it while he was on top of her. "PV" did not believe the male ever removed his underpants. The male then got off of "PV" and put the panties back on her, very slowly and deliberately, while watching her body. The male lay beside "PV", holding her close to him. The male told "PV" that he had been watching her. The male told "PV" details of items he saw on her computer screen, the fact that she was a student at Shoreline Community College and the fact that she had been eating popcorn the evening prior to this. The male also told "PV" that she should get a gun and take some self-defense classes. The male asked questions of "PV" regarding her personal life. The male lay with "PV" for sometime and then told her to lay face down on the bed. "PV" ~ecame even more fearful and the male instructed her to sit up, ball up her hands and to hit him. "PV" did not strike the male. The male repeated the instructions and told "PV" that she must be very angry with him. uPV" became more vocal and asked the male to just leave. The male got dressed in the hallway then returned to the bedroom. The male told "PV" to wait 20 minutes before calling the Police. The male then asked "PV" how to unlatch her back door, then left. "PV" called Seattle Police several minutes after the encounter. "PV' estimated that the male detained her for approximately an hour. Seattle Police Officer R. Robinson #3427 responded and took a report from "PV". No apparent DNA evidence was recovered from the crime scene. Seattle Police Detective Dale Harper #3213 was assigned to investigate the case. "PV"

~ SEATTLE

~ DEPARTMENT

~l*Jr POLlC~ •

CERTIFICATION FOR DETERMINA TlON OF PROBABLE CAUSE

INCIDENT NUMBER

96·343148 UNIT FilE NUMBER

assisted with the drawing of a composite sketch of the suspect. This incident was recorded under Seattle Police case number 96·208757. " On August 1S\ 1996, "JW', a 40·year·old female at the time, was reportedly asleep in her bed at her residence located at 411 Northwest 42nd Street, Seattle, Washington. "JW" was suddenly awakened at approximately 0400 hrs by some ruffling at the bottom of her bedding. "JW" then saw the silhouette of a male along the side of her bed, then jump on top of her. "JW" began to scream. The male put his hand over her mouth as he pinned her down on her stomach and told her to not scream or make any noise. The male also told "JW" that he CQuid break her neck. "JW" struggled briefly but was overcome by the threat and force. The male shifted"JW" to her side and lay beside her from behind, "spooning" with her. "JW" eventually saw the male and described him as possibly a black male, though she wasn't sure, with his age in his 20's, dark skinned, 5 foot 8 inches to 5 foot 10 inches tall, average build and "looked fit," stubble growth on his face, he was naked with the exception of a knit looking cap or mask and knit·type gloves. The male spoke clearly with no apparent accent. "JW" purposely tried not to look at the male's face. The male told "JW" that he wanted her to enjoy herself and that he did not want to rape her. "JW" reported that she had a hearing problem and could not hear some of the things the male said to her as he whispered in her ear. The male pulled "JWs" hands toward his penis. "JW" believed that he wanted her to touch his penis but she refused and the male did not persist. The male licked "JW's" genital area, to include her vulva and labia, and told her that he wanted her to achieve orgasm. The male performed oral sex on "JW" for some time until, "JW" felt, the male believed that she did achieve orgasm. The male mentioned that he did not want "JW" to fake the orgasm. The male lay beside "JW" for a few minutes, she became fearful of what might happen and she started crying. "JW" told the male that she just wanted him to ejaculate inside of her so she could get this over with. The male had penis· vagina sexual intercourse with "JW". Just prior to ejaculating, the male pulled his penis from "JW's" vagina and ejaculated on her hips. The male lay on top of "JW' for a few minutes aftelWards and then told her to wait in the bed while he went into the bathroom. "JW" could see the male inside the bathroom cleaning himself with a paper towel or tissue. The male then cleaned the apparent semen off of "JW" with a dry and a moist paper towel or tissue. The male then flushed the paper down the toilet. The male then told "JW" to not call anyone for 20 minutes and then she could call whomever she wanted. The male then went into another room. "JW" believed that he left her house after a few minutes. "JW" noticed a dining room window oiJen and assumed that the male entered and exited through that window. It was a warm day (historiCal weather data shows the highs in the Seattle area at 78°F on that day) and "JW" left that window open before going to bed. "JW" called Seattle Police several minutes after the encounter. Seattle Police Officer J. Reynolds #2889 responded and took a report from "JW". Seattle Police Detective Dale Harper #3213 was assigned to investigate the case. Detective Harper collected a bed sheet and two pillowcases from "JW's" bed, along with several other evidence items. This incident was recorded under Seattle Police case number 96·343148. In November 1996, a request was made to the Washington State Patrol Crime Laboratory (WSPCL) to process evidence from the "JW" rape for possible DNA analysis. In November 1998, Jodi C. Sass, a Forensic Scientist with WSPCL completed a report. Sass' report stated that she had processed the bed sheet and pillowcases submitted by Detective Harper for the presence of semen. Sass stated that she detected the presence of semen on the bed sheet and one of the pillowcases. Sass reported that she obtained similar DNA profiles from the semen found on the bed sheet and one pillowcase. Sass also reported that she processed a blood sample of "JW" that was submitted by Detective Harper for a DNA profile. Sass reported that the DNA profiles recovered from the pillowcase and bed sheet were easily distinguishable from "JW'f'f' DNA profile. Sass reported that she checked the DNA profile developed from the semen detected on the bed sheet and pillowcase against the Washington State Patrol convicted felon data bank (COOlS) and no match was found. Sass noted that new profiles are continually added to the data bank and that the DNA profile of the PAGe~4

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SEATTLE;

'l*Jf POLIC~ • ~ DEPARTMENT

CERTIFICA TlON FOR DETERMINATION OF PROBABLE CAUSE

INCIDENT NUMBER

96-343148 UNIT FILE NUMBER

semen donor will be occasionally compared to the data bank to see if it matches anv entries.

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On December 15th, 1996, "EK", a 42-year-old female at the time, was reportjiClly asleep in her bed at her residence located at 361 Northwest 46th Street, Seattle, Washington. This address is approximately 5 residences to the west of 329 Northwest 46th Street, where "PV" was reportedly raped. A male lying on top of her suddenly awakened "EK" at approximately 0430 hrs. The male told "EK' that if she did what she was told she would not be hurt. "EK" tried hitting at the male through the bed sheets, but he pushed her face to subdue her, causing her to taste blood inside her mouth. "EK" realized that the male was stronger than her and she gave up fighting. "EK" liaid she tried to scream but the male held her mouth shut. The male also told "EK" that he would kill her. The male asked "EK" questions, including her name. The male told "EK" that his name was "Tio." "EK" was fearful and began begging the male not to hurt her. "EK" told the male he could have whatever he wanted and.also offered the male oral sex. "EK" said that she was afraid of re-injury of her vaginal area, where she recently had surgery, should the male penetrate her vaginally. The male told "EK" that he just wanted her to have an orgasm. "EK» described the male as a Hispanic male 25 to 40years-old, with mustache and facial stubble, with dark skin and "dreadlock" style hair. The male wore a white nylon hood and a navy blue sweatshirt. "EK" said the male took his own hood off and removed the leggings "EK" was wearing undemeath the long nightshirt she was wearing. The male then spread "EK's" legs apart and performed oral copulation on her clitoris, telling her that she was to have an orgasm. "EK" said the oral sex lasted for approximately 5 minutes, until she believed the male felt satisfied that she had achieved orgasm. The male rubbed his own bare scrotal area against "EK's" leg, but his penis did not feel erect and she did not believe that he ejaculated. The male eventually told "EK" to roll over on her side and count to 20 then count to 50. The male then left "EK's" home. "EK" estimated her entire encounter with the male in her house lasted approximately 30 minutes. "EK" reportedly called Seattle Police immediately after the male left her home. Seattle Police Officer B. Howden #4363 responded and took a report from "EK". Seattle Police Detective Christine Lyon #5030 was assigned to investigate the case. "EK" assisted with the drawing of a composite sketch of the suspect. This incident was recorded under Seattle Police case number 96-553471. In May 1999 Detective Harper had contact with Detective Holguin of the Long Beach California Police Department. Detective Holguin informed Detective Harper that their police department was investigating approximately 15 unsolved sexual assaults and/or occupied burglaries. Detective Harper compared details of the Seattle sexual assaults with details of the Long Beach sexual assaults with Detective Holguin. The modus operandi (MO) was similar. Detective Harper forwarded copies of the sketches completed in two of the Seattle sexual assaults to the Long Beach Police Department. Long Beach Police Detectives showed the sketches to some of their victims and were told that the composite sketcties were close to the description of their suspect. Between January 1997 and August 2002 the Belmont Shore area of Long Beach, California had a series of sexual assaults and burglaries that occurred. The sexual assaults and burglaries exhibited distinct similarities to the Seattle sexual assaults in 1996. Many of the attacks occurred late in the evening or early moming hours, the perpetrator covered the victim's mouth with his hand and threatened physical harm if the victim did not cooperate, the suspect performed oral sex on the victims, the suspect indicated that he wanted the victim to achieve orgasm or to "enjoy" the experience, the suspect attempted to "cuddle" with the victim after the sexual assault and the suspect asked personal questions about the victim. In a few of the sexual assaults, this suspect referred to himself as "Tito" or "Tirio" or "Max." This rapist terrorized the area and the media referred to him as "The Belmont Shore Rapist." The general description of the Belmont Shore Rapist is of a male 5 foot 6 inches to 6 foot tall, mid 20's to early 30's in ag.8, with his hair described as variously

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SEATTLE POLICE

DEPARTMENT

CERTIFICATION FOR DETERMINATION

OF PROBABLE C4USE

INCIDENT NUMBER

96-343148 UNIT FILE. NUMBSR

matted, curly or dreadlocked .. The suspect's race is reported variously as dark skinned white, light skinned black or possibly Hispanic.

In January 2000 the Califomia State Crime Laboratory matched DNA from six of the Long Beach sexual assaults to a single suspect through DNA analysis. They also matched the DNA to that was recovered from the "JW" rape. In November 2002 Detectives of the Long Beach Police Department identified and arrested Mark Wayne Rathbun, born 01-24-1970, for the Belmont Shore Rapes. Detectiv~ Katherine Kriskovic #5043 and Detective William Collette #3035, both of the Long Beach Police Department interviewed Rathbun. Rathbun was advised of his rights and made a statement. Rathbun admitted to committing several of the Long Beach rapes and burglaries. Rathbun also admitted to breaking into two houses in Seattle and attacking two women. Rathbun said he lived in the Capitol Hill area of Seattle in 1996. Rathbun was charged and convicted of several rapes in the State of California in 2004. Rathbun is currently serving time for the serial rapes at California Department of Corrections Calipatria State Prison located at 7018 Blair Road, Calipatria, California 92233. On June 6th, 2005, Detective Stevenson obtained a search warrant from King County Superior Court Judge Gregory Canova for the person of Rathbun to obtain a DNA sample in the form of buccal (cheek) swabs. On June 8th, 2005, Detectives Stevenson and Grossman traveled to Imperial County, Califomia and seeked the assistance of Investigator Ronald Pegues, a Peace Officer in the State of California employed by the Imperial County District Attorney's Office. With the assistance of Investigator Pegues, Detectives Stevenson and Grossman obtained a search warrant from Imperial County, California Superior Court Judge Matias Contreras for the person of Mark Wayne Rathbun to obtain a DNA sample in the form of buccal (cheek) swabs and also an updated photograph of his person. Detectives served the search warrant upon Rathbun ·that same day at Calipatria State Prison. Detective Stevenson secured the buccal swab and photograph and transported the items back to the State of Washington. The buccal swab was submitted to the WSCPL and examined by Jodi Sass. Sass reported that she checked the DNA profile developed from the semen detected on the bed sheet of the "JW" rape and that it matches the DNA typing profile of the buccal swab submitted by Detective Stevenson. In September 2005 Detective Stevenson requested Jodi Sass perform additional tests of the comforter and bed sheet collected from the "PV" rape.' During an examination of the bed sheet in that case, Sass detected elevated leve!s of amylase, which is usually associated with saliva; . however, other body fluids cannot be eliminated. From one of the samples of amylase Sass recovered from that bed sheet, she obtained the DNA typing profile, which was mixed in origin, and consisting with originating from two individuals. The minor component of the sample matched that of an unidentified female. The major component of that sample matched the reference sample Detective Stevenson collected from Mark Rathbun. Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct. Signed and dated by me this 31th day of March, 2006, at Seattle, Washington.

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