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Mark Mulligan / The Herald  (click to enlarge)
John Henry Browne, who is representing Colton Harris-Moore, speaks to media on the steps of the federal courthouse in Seattle after Harris-Moore made a brief appearance in federal court Thursday afternoon.
(click to enlarge)
U.S. Attorney Jenny Durkan
Elaine Thompson / Associated Press  (click to enlarge)
U.S. Attorney Jenny Durkan says Harris-Moore poses an extreme flight risk and should remain jailed until his trial.
Mark Mulligan / The Herald  (click to enlarge)
John Henry Browne, who is representing Colton Harris-Moore, speaks to media on the steps of the federal courthouse in Seattle after Harris-Moore made a brief appearance in federal court Thursday afternoon.
Mark Mulligan / The Herald  (click to enlarge)
Brett Hansen (right) and his friend Frank Ott watch the proceedings outside a courthouse in Seattle where made Colton Harris-Moore appeared in federal court.
 
 
 
Harris-Moore detention ( PDF)
Harris-Moore detention ( PDF)
 
 
CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Friday, July 23, 2010

No release on bail for Colton Harris-Moore

Teen doesn't resist request to keep him jailed

SEATTLE -- The story of the Camano Island fugitive who stole planes, boats, cars and guns is not entertainment, prosecutors said Thursday.

Colton Harris-Moore did nothing that should be admired or glorified, U.S. Attorney Jenny A. Durkan said.

"Real people were hurt," Durkan said.

Durkan spokes at a press conference Thursday after Harris-Moore made a brief appearance in federal court.

The 19-year-old didn't contest a request by prosecutors that he remain behind bars while awaiting trial.

Harris-Moore is the subject of more than 80 police investigations in nine states and three countries, court papers said. He's suspected of stealing five planes and at least three firearms, prosecutors allege.

His recent string of crimes began when he escaped a group home in April 2008. Harris-Moore's prior criminal history dates back to when he was 12.

"It is clear, by a preponderance of the evidence, that Mr. Harris-Moore is a flight risk," Assistant U.S. Attorney Darwin P. Roberts wrote in court documents.

Harris-Moore's attorney, John Henry Browne, said that if his client were released from federal custody, he'd only be headed to county jails to face state charges.

It would "start a traveling road show," the attorney said.

Browne told reporters that Harris-Moore didn't have fun and never enjoyed his two-year run. He often was very scared.

Now, the fugitive who has garnered national media attention, is concerned that other kids might copy his misbehavior, Browne said.

Harris-Moore asked his attorney to say that he didn't believe his folk hero status was appropriate.

"He's really a kid," Browne said of his client. "He's probably bright, but I think he's terribly immature."

Harris-Moore was in court for about seven minutes Thursday.

He was wearing a tan jumpsuit, smiled briefly while talking to his attorneys and said little when questioned by Magistrate Judge Brian Tsuchida.

He's currently charged with a single federal count in connection with a plane that crashed near Granite Falls. He also faces charges in San Juan and Island counties, and Nebraska.

Harris-Moore was suffering a bad summer cold during Thursday's court appearance, Browne said. The prisoner reportedly became ill for the first time in two years while being held in a detention center in Miami.

He was arrested on July 11 in the Bahamas, deported to the U.S. and extradited from Miami.

Prosecutors on Thursday filed a scathing eight-page motion arguing that Harris-Moore posed a serious danger to the community if released.

For the first time, prosecutors said that Harris-Moore's fingerprints were found in the cockpit of a Cirrus plane stolen in February from Anacortes. This links him with evidence to two plane thefts.

Prosecutors outlined Harris-Moore's pattern of avoiding heavily populated areas, breaking into vacant homes and targeting vulnerable businesses.

His family connections, namely his mother, Pam Kohler, 59, of Camano Island, weigh in favor of detention, not release, prosecutors said.

Kohler's comments to reporters supporting her son and his criminal escapades were quoted in court papers.

"She has praised Mr. Harris-Moore's alleged aircraft thefts, and has publicly urged him to flee to a country with no U.S. extradition treaty," the papers said.

Kohler was not in court Thursday. She reportedly missed a ride to Seattle.

What happens next for Harris-Moore, and when, isn't clear.

He likely will be indicted by a federal grand jury, but no timing was announced.

It also will be up to local prosecutors to determine if Harris-Moore should be held accountable in each community where he's believed to have victims, said Durkan, the U.S. Attorney.

"Global resolution is very difficult," she said.

For now prosecutors and police are sorting through evidence.

"We don't deal in myth. We deal in facts," Durkan said.

Meanwhile, the entertainment trade magazine Variety reported Thursday that Oscar-winning screenwriter Dustin Lance Black had been tapped to write the movie of Harris-Moore's exploits for 20th Century Fox.

The film reportedly will be based on a forthcoming book from Orcas Island writer Bob Friel.

Durkan scoffed at the idea that anyone would be amused by criminal acts.

"Nobody should profit from crimes," she said.



Reporter Jackson Holtz: 425-339-3437; jholtz@heraldnet.com.





COMMENTS

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Raised by a single mother
They are the #1 problem affecting this country.
Joe Smith | Jul 25, 2010 11:04 am | 2 replies | Request removal

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Re: Raised by a single mother
I don't necessarily think to blame the mothers is fair, a better way to put is that the breakup and destruction of the family is destroying our society.
TanyaLee | Jul 25, 2010 10:14 pm | Request removal
Re: Raised by a single mother
Since Pam Kohler does not look the Virgin Mary...there must be a father out there somewhere.

If the father ditches his baby and does not partake in raising the fruit of his loins...he's not a problem? It takes 2.
Where is the baby daddy Jackson?

Mrs. Murtha | Jul 27, 2010 5:50 am | Request removal
neither son nor mother should get a penny!
TITLE 7. SPECIAL PROCEEDINGS AND ACTIONS
CHAPTER 7.68. VICTIMS OF CRIMES -- COMPENSATION, ASSISTANCE

Rev. Code Wash. (ARCW) § 7.68.200 (2000)

§ 7.68.200. Payment for reenactments of crimes -- Contracts -- Deposits -- Damages

After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion or emotions regarding such crime, shall submit a copy of such contract to the department and pay over to the department any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives. The department shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (i) such convicted person; or (ii) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives. Back to top

West Virginia Citation: W. VA. CODE ANN. § 14-2B-2 to -4 (Mathew Bender 2000)
History: Enacted in 1995.

CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE
ARTICLE 2B. DISTRIBUTION OF CRIME PROFITS

§ 14-2B-2. Legislative findings; purpose and intent

The Legislature finds and declares that it is a violation of the public policy of this state to permit a person who commits a crime to thereafter gain a monetary profit from the commission of that crime. Consequently, the Legislature finds that when a person convicted of a crime later profits as a result of the commission of that crime, such profits should be used to compensate those crime victims who were damaged as a result of the commission of the crime, as well as the taxpayers who paid for the prosecution or incarceration of the defendant, or both.

W. Va. Code § 14-2B-3 (2000)

§ 14-2B-3. Definitions

As used in this article:

(b) "Crime profits" means:

(3) Any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

(h) "Contract" means any agreement, whether reduced to writing or not, in which any person, firm, corporation, partnership, association or other legal entity contracts for, pays or agrees to pay, any crime profits to a defendant or to a defendant's personal representative.

W. Va. Code § 14-2B-4 (2000)

§ 14-2B-4. Notice of contract with defendant; payment over of crime profits to prosecutor; placing of crime profits into escrow account

(a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay, any crime profits, as defined in section three [§ 14-2B-3] of this article, to a defendant shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.

(b) Every defendant who contracts for, receives or agrees to receive, any crime profits, as defined in section three of this article, from any person, firm, corporation, partnership, association or other legal entity, shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article. Back to top

Wisconsin Citation: WIS. STAT. § 949.165 (1999)
History: Enacted in 1983.

CRIMINAL CODE

CHAPTER 949. AWARDS FOR THE VICTIMS OF

Wis. Stat. § 949.165 (1999)

949.165. Escrow accounts; moneys received as a result of the commission of a serious crime.

(2) PAYMENT TO AND ESTABLISHMENT OF ESCROW ACCOUNTS. Every person or other legal entity contracting with any person, or the representative or assignee of any person, accused or convicted of a serious crime in this state, with respect to the reenactment of the serious crime, by a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, or from the expression of the accused or convicted persons thoughts, feelings, opinions or emotions regarding the serious crime, shall submit a copy of the contract to the department and pay over to the department any moneys which would otherwise, by terms of the contract, be owing to the person so accused or convicted or his or her representatives. This subsection applies only if the reenactment of the serious crime constitutes a substantial portion of the movie, book, article, recording, record, presentation, entertainment or expression. The department shall deposit the moneys in an interest-bearing escrow account for the payment of money judgments to any victim or the legal representative of any victim of serious crimes committed by:

(a) The convicted person; or

(b) The accused person, but only if the accused person is eventually convicted of the serious crime charged. Back to top

Wyoming Citation: WYO. STAT. ANN. § 1-40-301 to -303 (2000)
History: Enacted in 1997.

TITLE 1. CODE OF CIVIL PROCEDURE
CHAPTER 40. CRIME VICTIMS COMPENSATION
ARTICLE 3. COMPENSATION FROM BENEFITS OF Wyo. Stat. § 1-40-301 (2000)

§ 1-40-301. Compensation from benefits of crime

The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the legislature to provide a mechanism whereby any profits from a criminal act that are received by the person convicted of the criminal act are available as restitution to the victims of the criminal act.

Wyo. Stat. § 1-40-302 (2000)

§ 1-40-302. Definitions

(a) As used in this article:

(iv) "Profits from the crime" means:

(B) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of the criminal act of which the defendant was convicted, including any gain realized by the sale, conversion or exchange; and

(C) Any property that the defendant obtained or income generated as a result of having committed the criminal act of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the criminal act, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

Wyo. Stat. § 1-40-303 (2000)

§ 1-40-303. Distribution of profits from crime

(a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the division any money that would otherwise by terms of the contract be paid to the defendant or the defendant's representatives or assignees. The division shall deposit the money in an escrow account for the benefit of any victim of the criminal act of which the defendant was convicted. Back to top

Boston Terrier | Jul 24, 2010 1:53 pm | 2 replies | Request removal

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Re: neither son nor mother should get a penny!
Hahaha, too late! The Mother has already signed a deal & made money. The Mother has not been charged, nor convicted of any crime. Therefore she has every legal right to profit from her Son's crime spree.
cme everett | Jul 24, 2010 2:06 pm | Request removal
Re: neither son nor mother should get a penny!
Do you know his mother personally? Because I am on this site every day, or should I say all nite and havent seen anything about it? Its not to say that it is public knowledge, but I just havent heard about it.
TanyaLee | Jul 24, 2010 4:10 pm | Request removal
Hopefully, somebody breaks into the houses of his supporters
And he doesn't kill them, just ties them up and steals their stuff.

They would be mad, unless the burlar was good looking.

Joe Smith | Jul 24, 2010 2:51 am | 0 replies | Request removal

Post reply

Colton Harris-Moore
With the comments that have been made about his immaturity
it shouldn't be long before his defense attorney says his actions were due to his bein toilet trained at a too early age. BAH HUMBUG

Bob Huntoon | Jul 23, 2010 11:12 pm | 0 replies | Request removal

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No release on bail
Doesn't everybody remember he is an escapee from a half way house. He was already serving a sentence through the court system. I did not know it could even be possible to get a bail set when you are already serving a sentence.
davidk | Jul 23, 2010 10:20 pm | 0 replies | Request removal

Post reply

(No heading)
He's going to prison for a LONG time no matter how you liberal idiots try to paint it.
johnny martel | Jul 23, 2010 11:43 am | 1 replies | Request removal

Post reply

Re: (No heading)
What does being liberal have to do with anything. That is so ignorant I am not and have never been a liberal.
TanyaLee | Jul 23, 2010 4:08 pm | Request removal
Mr Browne
Your words are falling on deaf ears. Colton is nothing more than a career criminal. Frightened you say Yeah right, Didnt see himself as a folk hero yeah right. Thats why he posted a smug picture of him self taken with a stolen camera. Funny he could have been out of jail buy now if he really wanted to do the right thing and straighten out his life. He did what he did and didnt get a damn about who he hurt along the way. The only thing he's scared of now is who girl friend he will be in prison. Tuff road ahead to bad that was his choice no one elses.
R R | Jul 23, 2010 11:00 am | 4 replies | Request removal

Post reply

Re: Mr Browne
Women feel sorry for this kid because he is cute, If he were ugly, you women would say, "throw the book at him."

People who pitty him have never had anything stolen, it is bad feeling, you feel violated. Had I caught him breaking into my house, I would've done my best to shoot him.

Joe Smith | Jul 23, 2010 3:28 pm | Request removal
Re: Mr Browne
You would shoot him? What kind of "Man" are you? I have compassion for him because he is very misguided, he has jerks who would wish him harm and even death. Shame on you. I am praying for him. He needs help, he needs prayers. He can turn his life around. He is very smart. I normally do not have alot of sympathy for people who commit crimes. But the reason I have become so adamant here is because of the people who make the heartless remarks and saying they wish him harm. I am horrified. WHat if that were your son, or your brother, or your cousin, or your
TanyaLee | Jul 23, 2010 3:57 pm | Request removal
Re: Mr Browne
friend?
TanyaLee | Jul 23, 2010 4:02 pm | Request removal
Re: Mr Browne
IT has nothing to do with him being cute.
TanyaLee | Jul 23, 2010 4:05 pm | Request removal
(No heading)
He is a youngster,i have a 26 year old and he has done some really dumb things,but in the end,they grow up and normally will look back and wonder why he did what he did,he will have a home and he will work hard for what he acquires,he wont want anyone busting into his home and taking what he worked so hard for.I hope they don't send him to jail longer then what a murder would get,he didn't kill anyone he just made the men in blue look bad and made some homeowner and business owners a bit angry and rightfully so,as for no bail hehe you would be stupid to give this guy a bail cause he would do just that if he got out..BAIL
Denise None | Jul 23, 2010 1:01 pm | 0 replies | Request removal

Post reply

Colton Harris-Moore
This boy is a child, albeit an intelligent child. He needs rehab, not jail or prison. It's not fun growing up with no dad and a mom who is "challenged" to say the least. He needs help!
Robin Cox | Jul 23, 2010 12:57 pm | 0 replies | Request removal

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Immature
He's an immature kid who'll be old enough for social security by the time he finishes serving prison sentences.

And I'm good with that.

I do think that the court should require this kid and his mom to turn over any and all proceeds from any books or movies about him to the victims before they even consider any sort of leniency. Mom's still laughing and mentally cashing checks right now and that gravy train needs to be derailed.

B Deal | Jul 23, 2010 11:44 am | 1 replies | Request removal

Post reply

Re: Immature
I agree with you B Deal. I do think all proceeds from any sort of royalties needs to be paid to the victims first and the money it cost the police force (and thus the tax payers) to search for him second. I don't believe his mother should profit in any way. Her ONLY hand in this mess was in doing a horrible pathetic job of raising an obviously intelligent son. He could have had a better life for himself if she had just shown him the way.

But alas I'm still a woman and to SOME extent I do feel sorry for him. And no johnny martel, I'm not a liberal idiot. He needs to pay the piper for his mistakes. I absolutely agree with everyone on that!

MS D | Jul 23, 2010 11:52 am | Request removal
Hmmm
This is really a tough situation. I feel bad for Colton in regards to not having a good role model or a proper upbringing. He does what he was taught to do. He knows what his absent father and alcholic and abusive mother taught him. I believe he needs to pay restituion for what he has done. I absolutely agree with that. But I do not believe he was "proud" of himself for the things he did. I think he felt like he had nowhere else to go. He didn't want to go back to the explosive relationship he had with his mother. He didn't know his father. What could he do but live the way he did. Please know that I am not excusing his behavior by any means. But in his young immature mind maybe he felt like he had no other options? But then I feel like at some point he started having fun with his lifestyle and that's where he loses my sympathy. Especially when I hear the story about the little girl watching him set her house on fire. I don't believe he could have done all of this on his own either and I am quite anxious to hear his story. NOT his mother's story.
MS D | Jul 23, 2010 11:32 am | 0 replies | Request removal

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