In Re The Matter Of Personal Restraint Of John Tortorelli

66 P.3d 606 (2003)

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Nature of the Case

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Facts

The Department of Natural Resources (DNR) dealt with stray log issues. A licensee was required to inform DNR of the general location of the salvage operation and the specific location of the log storage in order to facilitate inspection. Stray logs are not the same as the ancient forest remnants also found in Lake Washington. The ancient forest remnants were not lost from transportation or storage but resulted from several landslides that occurred around the shores of Lake Washington about 1,100 years ago. These ancient trees have been preserved by the low oxygen content in the deep water. Because of their historic and scientific value, the trees by definition were not salvageable under the former log statute. D, the owner of Western Wood Lumber, purchased salvage equipment. Just before D was to commence a salvage operation in Lake Washington, the State (P) mailed him a letter advising that P owned all the unbranded logs in the lake. In response to P's letter, D applied for a log patrol permit. The timber D found consisted of full-length fir trees, about a hundred feet tall, with root balls attached. The crew raised the trees, then cut off the root balls and tops and returned them to the water, retaining only the tree trunks. The trees raised by D, while not rooted, had been partially buried in the mud. Eventually, the fisheries department executed a search warrant and determined that D had illegally seized trees worth $165,000. D did not contest nor concede P's ownership of all the trees. D claimed a good faith belief that he had permission to salvage logs under the Clearwater license. D was convicted of all counts. The court of appeals rejected D’s appeal. D made a personal restraint petition. In his personal restraint petition, D argues for the first time that the State did not own the logs or, relatedly, that there is insufficient evidence of state ownership of the logs.