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July 26th, 2006

CONVICTION OF SKAGIT COUNTY RAPIST AFFIRMED BY WASHINGTON COURT OF APPEALS

SKAGIT COUNTY - Skagit County Prosecuting Attorney Tom Seguine today announced that Division One of the Washington Court of Appeals affirmed the conviction of Bobby D. Colbert, age 34 for one count of Rape in the Second Degree and one count of Rape in the Third Degree. The offenses occurred in November, 2003 and March of 2004. Colbert was convicted of these offenses after a seven day jury trial in Skagit County Superior Court in February 2005. He was sentenced to an “indeterminate sentence” of 136 months to life by the Honorable Susan Cook, Superior Court Judge. The victims were 17-years-old and 18-years-old when the offenses were committed. Both offenses occurred in Mount Vernon, and were investigated by the Mount Vernon Police Department.

Colbert faced trial on both cases during a single trial. His appeal alleged that that the prosecutor’s office and the trial court erred in putting him on trial for both charges at the same time in front of the same jury. The Court of Appeals disagreed, finding that the joinder did not prevent him from receiving a fair trial, as the jury could consider both charges separately. Additionally, he alleged that there was insufficient evidence to support his convictions, specifically, that one of the victims failed to “sufficiently communicate their lack of consent.” The Court of Appeals disagreed here as well, ruling that the victim had repeatedly pushed Colbert away and told him that she did not wish to accept his advances. Finally, Colbert argued that the prosecutor in the case, Chief Criminal Deputy Dona Bracke, committed prosecutorial misconduct by misstating the law during her closing argument. The Court of Appeals rejected this, simply stating that she had not.

Seguine said, “In criminal law, winning means prevailing at trial and on appeal. Our office handles all appeals of all criminal cases in Skagit County. Because of the hard work of Ms. Bracke and Mr. Pedersen, who handled the appeal, this is a conviction that will stick to Mr. Colbert.”

For more information, contact Tom Seguine at the Skagit County Prosecuting Attorney’s Office, at 336-9460.