FILED
MAY 18 2000
Comes now the Prosecuting Attorney in and for Spokane County,
Washington, and charges the defendant (s) with the following crime (s):

COUNT 1: PREMEDITATED MURDER IN THE FIRST DEGREE, WITH AGGRAVATING CIRCUMSTANCES, committed as follows: That the defendant, ROBERT LEE YATES, JR., in the State of Washington, on or about between August 16, 1997 and August 26, 1997, with premeditated intent to cause the death of another person, did cause the death of JENNIFER A. JOSEPH, a human being, said death occurring on or about between August 16, 1997 and August 26, 1997, and the murder of JENNIFER A. JOSEPH was part of a common scheme or plan involving more than one victim, to-wit: Daria C. Scott, and/or Shawn L. Johnson, and/or Laurel A. Wason, and/or Shawn A. McClenahan, and/or Sunny Gail Oster, and/or Linda M. Maybin, and/or Michelyn J. Doming, and/or Melinda L. Mercer, and/or Connie L. Ellis, occurring on or about between August 16, 1997 and October 13, 1998, and the murder was further committed in the course of, in furtherance of or in immediate flight from the crime of Robbery in the First or Second Degree, and the defendant committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, the defendant being at said time armed with a firearm under the provisions of RCW 9.94A.125 and 9.94A.310(3),

COUNT II; PREMEDITATED MURDER IN THE FIRST DEGREE, WITH AGGRAVATING CIRCUMSTANCES, committed as follows: That the defendant, ROBERT LEE YATES, JR., in the State of Washington, on or about between October 1, 1997 and November 5, 1997, with premeditated intent to cause the death of another person, did cause the death of DARLA C. SCOTT, a human being, said death occurring on or about between October 1, 1997 and November 5, 1997, and the murder of DARLA C. SCOTT was part of a common scheme or plan involving more than one victim, to-wit: Jennifer A. Joseph, and/or Shawn L. Johnson, and/or Laurel A. Wason, and/or Shawn A. McClenahan, and/or Sunny Gail Oster, and/or Linda M. Maybin, and/or Michelyn J. Doming, and/or Melinda L. Mercer, and/or Connie L. Ellis, occurring on or about between August 16, 1997 and October 13,1998.

(The undersigned) being competent to testify and sworn on oath, deposes and testifies that he believes that a crime was committed by the defendant/defendants in the County ofSpokane, State of Washington, because:

On 11/05/97 a decomposing body was found near South 12600 Hangman Valley Road, Spokane County, Washington by witness Harold D. Lebsock. The crime sceneinvestigation was conducted by Detectives Ruetsch, Orebenstein, Madsen and Francis, as well as Ident Officers Julie Combs and Deb Rowles. Investigation revealed the body had been buried in a shallow grave, and recovered from the grave with the body were two plastic bags. No purse, wallet, money, or digging implements were recovered. A vehicle was used to transport the victim to the grave site. On 11/07/97 an autopsy was performed by Dr. George Lindholm and Physician's Assistant Randy Shaber. The remains were determined to be female, and the cause of death was determined to be two gunshot wounds to the head. The size of the perforations in the head suggested a .25 caliber or smaller. Other evidence collected at autopsy included oral, anal and vaginal swabs. On 11/12/97 Forensic Odontologist Dr. Frank Morgan, using dental records, was able to identify the remainsas DARLA SUE SCOTT, dob 09/18/68. Investigation deteimined that SCOTT had an extensive history of prostitution and illicit drug use. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 146515.

On 12/07/97 witness Edward Jamison discovered the body of a nude female at approximately 3800 South 50*, Tacoma, Pierce County, Washington. A crime scene investigation was done by Detective Dave Devault, Detective D. L. Correll, and Detective M. Margeson, as well u Forensic Specialists J. Kristoffersen and T. Taylor. Located at the scene was an expended .25 caliber CCI brand casing. No purse, wallet or money was recovered. A vehicle was used to transport the victim to the body recovery site. An autopsy was conducted on 12/08/97 by Pierce County Medical Examiner Dr. John Howard. Recovered from the victim's head were four plastic bags. Cause of death was determined to be three gunshot wounds to the head, with two projectiles recovered. Oral, anal and vaginal swabs were also taken. The victim was identified as MELINDA L. MERCER, dob 06/27/73. Investigation revealed MERCER to have a history of drug abuse and prostitution. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 970914.

On 12/18/97 a female body was discovered in the 11400 block of South Hangman Valley Road, Spokane County, Washington by witness Michael Connors. Crime scene investigation was done by Detectives Grabenstein, Henderson, Francis and Madsen, as well as Ident Officers Julie Combs and Deb Rowles. No purse, wallet or money was recovered. A vehicle was used to transport the victim to the body recovery site. On 12/22/97 an autopsy was performed by Dr. George Lindholm and P. A. Randy Shaber. At this time the victim was identified as SHAWN L. JOHNSON, dob 03/27/61. Two plastic bags covered the victim's head. The cause of death was determined to be two gunshot wounds to the head, and both projectiles were recovered. Oral, anal and vaginal swabs were also obtained. Investigation revealed that JOHNSON was involved in prostitution and illicit drugs. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 148060.

On 12/26/97 the bodies of two females were found by witness Fred Dullanty at approximately East 4800 th, Spokane County, Washington. The crime scene was processed by Detectives Ruetsch, Connelly and Miller, and Ident Officer Carrie Johnson and Bcv Naccarato. Both bodies were covered with debris and vegetation, not indigenous to that specific area. This debris and vegetation was collected. The victims were identified by fingeiprints as LAUREL A. WASON, dob 01/22/66, and SHAWN A. McCLENAHAN, dob 05/30/58. No purse, wallet or money was recovered. A vehicle was used to transport the victims and debris to the body recovery site. Autopsies were performed on both victims by Dr. George Lindholm and Physician's Assistant Randy Shaber. WASON's autopsy revealed her head to be covered by three plastic bags, and the cause of death to be two gunshot wounds to the head with both projectiles recovered. McCLENAHAN's autopsy on 12/29/97 revealed three plastic bags tied over her head, and cause of death to be two gunshot wounds to the head with both projectiles recovered. Oral, anal and vaginal swabs were collected from both victims. An investigation into each woman's background revealed them to be involved in illicit drugs and prostitution. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 148312.

On 02/08/98 witness Michael Cummings found a body at approximately 17000 block of South Graham Road, Spokane County, Washington. The crime scene investigation was done by Detectives Grabenstein and Connelly, as well as Ident Officers Came Johnson and Bev Naccarato. No purse, wallet or money was recovered. A vehicle was used to transport the victim to the body recovery site. An autopsy was performed on 02/09/98 by Dr. George Lindholm and Physician's Assistant Randy Shaber. The victim was identified as SUNNY GAIL OSTER, dob 08/07/56. Recovered from OSTER's head were three plastic bags. The cause of death was determined to be two gunshot wounds to the head with one projectile recovered. Oral, anal and vaginal swabs were obtained. Subsequent investigation revealed OSTER to be involved with prostitution and illegal drugs. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 149728.

On 04/01/98 witnesses Glen and Mary Moore found a body at approximately East 4800 14th Spokane County, Washington, within fifty yards of where WASON's and McCLENAHAN's bodies were recovered on 12/26/97. The crime scene was investigated by Detectives Grabenstein, Connelly, Miller and Hill, as well as Ident Officers Julic Combs and Deb Rowles. The body was covered with debris and vegetation as in the WASON and McCLENAHAN cases. No purse, wallet or money was recovered. A vehicle was used to transport the victim and debris to the body recovery site. An autopsy was performed on 04/03/98 by Dr. George Lindholm and Physician's Assistant Randy Shaber. The victim was identified by fingerprints as LINDA M. MAYBIN, dob 04/25/63. It was noted MAYBIN's head was covered with two plastic bags. Cause of death was determined to be a single gunshot to the head. Projectile was recovered.

Oral, anal and vaginal swabs were collected, in addition to a pinkish-colored condom found protruding from the victim's rectum. Investigation revealed that MAYBIN was involved in prostitution and drug abuse. Items of evidence recovered during scene investigation and autopsy were placed on Properly No. 151697. On 05/12 and 05/18/98. PhD. Richard Old examined the collected debris from the bodies of WASON, McCLENAHAN and MAYBIN and found them to be comprised of, in part, lace-leaf maple, Arbor Vitae, birch, rose, hydrangea, Oregon grape, maple, honey locust and forsythia. Also located in this debris were peanut shells, cherry pits, white paint chip, pieces of concrete, a red dyed feather, and decorative bark. Dr. Old's background includes a PhD from the Department of Plant Science, University of Idaho, as well as a Master's Degree in Agronomy and Soils from Washington State University, as well as a Bachelor of Science Degree, also from Washington State University. For approximately the past 24 years. Dr. Old has been employed in various aspects of plant and weed identification and forensic botany. It is Dr. Old's opinion that the makeup of the debris covering the three bodies was collected from separate areas within the same yard and had the same origin, however the debris from the MAYBIN site had a larger percentage of maple and honey locust as opposed to the debris from the WASON and McCLENAHAN site, which had a larger percentage of birch leaves.

On 07/07/98 a body was found at North 218 Crestlinc, Spokane County, Washington, by witness Gordon Olund. The crime scene investigation was done by Detectives Gilmore, Hollenbeck and Connelly, with assistance from Ident Officers Came Johnson and Deb Rowles. The victim was identified as MICHELYN DERNING, dob 02/14/51. Recovered at the scene from the victim's hair was a .25 auto casing, CCI brand. No purse, wallet or money was recovered. On 07/09/98 an autopsy was performed by Dr. George Lindholm and Physician's Assistant Randy Shaber. Cause of death was determined to be a gunshot wound to the head. No projectile was recovered. Oral, anal and vaginal swabs were obtained. Subsequent investigation revealed DERNING to also be involved with prostitution and illicit drug use. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 155279. On 10/13/98 the body of a female was found near the 1700 block of 108 Street South, Pierce County, Washington by witness Bruce Cheshier. The crime scene was processed by Del. Sgt. Art Anderson and Jim Heishman, and Forensic Investigators Steve Wilkins and Ted Schlosser. No purse, wallet or money was recovered, A vehicle was used to transport the victim to the body recovery site. On 10/14/98 an autopsy was performed by Pierce County Medical Examiner Dr. John Howard.

The head of the victim was found to be covered with three plastic bags, and cause of death was a single gunshot wound to the head with one projectile recovered. Oral, anal and vaginal swabs were obtained. Fingerprint identification was eventually made, identifying the victim as CONNIE L. ELLIS, dob 08/21/63. Pierce County investigators determined that ELLIS had a history of illicit drug usage and prostitution. Items of evidence recovered during scene investigation and autopsy were placed on Property No. 98-792. Various items of evidence, including projectiles, casings, hairs, fibers, oral, anal and vaginal swabs, were submitted to the Washington State Patrol Crime Lab for examination.

Firearm evidence from JOHNSON, WASON, McCLENAHAN, OSTER, MAYBIN and ELLIS was examined by WSP Crime Laboratory Scientist Ed Robinson. This examination indicated that each of the above victims was shot with a .25 caliber weapon. Ballistic comparisons of the recovered projectiles in the above cases indicated the bullets were fired from the same weapon, except that bullet recovered from ELLIS which bore similar ballistic characteristics as the others but could not be conclusively linked as having been fired from the same weapon. Firearm evidence from the MERCER homicide was also compared with the evidence from the other cases. The bullets were again .25 caliber Mag Tech and were determined to have been fired from the same weapon. The .25 caliber CCI brand cartridge cases recovered in the MERCER and DERNING homicides were compared to each other. The CCI cartridge cases have the same general characteristic but cannot be conclusively linked as having been fired from the same weapon.

On 04/18/00 a search warrant for the person of ROBERT LEE YATES, JR W/M, 05/27/52, and his residence located at East 2220 49th was executed. On this date YATES' blood was obtained by witness Dan Stines from Pathology Associates. This blood was placed on Property No. 176929 as Item No. 2, and immediately submitted to the WSP Crime Lab for DNA analysis and comparison to PCR DNA results previously obtained from semen detected on the swabs from several of the victims, and condom from MAYBIN. At approximately 1645 hours on 04/18/00, Forensic Scientist Bill Culnane advised investigators the PCR DNA results from YATES' blood did match the PCR DNA results obtained from the semen detected on swabs collected during autopsy and previously submitted to the WSP Crime Lab, from SCOTT, JOHNSON, WASON, McCLENAHAN, MERCER, OSTER. MAYBIN and DERNING. Statistically, these PCR results occur once in every 2200 Caucasians. Anal swabs obtained from McCLENAHAN during autopsy were submitted to the Montana State Crime Lab on 4/9/99 for a STR profile. The results of this examination on 4/27/99, as reported by JAMES M, STREETER, Montana Forensic Serologist, indicate a chance of occurrence of one in 221,000,000 Caucasians in the preliminary results obtained from this exam.

On 04/20/00 Dr. Richard Old, PhD accompanied detectives to the YATES residence at East 2220 49th, Spokane, Washington pursuant to the search warrant. This was to examine the ornamental plantings around the house to see if they might be the probable source of the plant material recovered during the recovery of WASON's, McCLENAHAN's and MAYBIN's bodies. In part. Dr. Old reports that as well as having corresponding dominant vegetation, i.e. maple and honey locust as recovered with MAYBIN's body, and birch as recovered with WASON and McCLENAHAN, the bark bed at the rear of the house contained material from a total of fifteen (15) species previously documented from the plant material recovered during the recovery of WASON' s, McCLENAHAN's and MAYBIN's bodies, and that this leads to a very strong probability that plant material found associated with the victims' bodies did originate at East 2220 49th, Spokane, Washington, the YATES residence. Also on 04/20/00, Detectives Ruetsch and Grabenstein did note in the rear yard of the YATES residence. East 2220 49th, Spokane County, Washington, numerous peanut shells and pieces of broken concrete, as well as Styrofoam packing peanuts, similar to portions of the debris recovered at East 4800 14th Spokane, the WASON and McCLENAHAN recovery sites.

On 03/09/98 Steve Todd from Vacuum Metal Deposition developed a latent fingerprint on a plastic Safeway bag, Item No. 28, Property No. 148312. This bag was one of three removed from McCLENAHAN's head during autopsy. On 04/25/00 the latent fingerprint was matched to ROBERT LEE YATES, JR., W/M, 05/27/52 by Ident Officer Julie Combs and verified by Ident Officer Craig Coppock.

During the course of this investigation, detectives have determined these nine (9) women all have been killed in the State of Washington, and each victim was known to be involved in prostitution and to use illegal drugs. In each case the victim was killed by one or more gunshots to the head, involving a .25 caliber firearm. In seven of the nine cases, (MERCER, JOHNSON, WASON, McCLENAHAN, OSTER, MAYBIN, and ELLIS) the victim's head was covered with two or more plastic bags, and one of the remaining two victims (SCOTT) had plastic bags associated with her grave site. Three of the victims' bodies (WASON, McCLENAHAN, MAYBIN) were recovered within fifty yards of each other. Two of these bodies (WASON, McCLENAHAN) were in physical contact with each other, although investigation revealed them to have been killed at different times. Eight of the nine victims (SCOTT, MERCER, JOHNSON, WASON, McCLENAHAN, OSTER, MAYBIN and ELLIS) were transported by vehicle to the body recoveiy sites. Eight of the nine victims (SCOTT, MERCER, JOHNSON, WASON, McCLENAHAN, OSTER, MAYBIN and DERNING) had ROBERT LEE YATES, JR. semen associated with them. It is apparent these nine murders were part of a common scheme or plan.

On 04/18/2000 ROBERT LEE YATES, JR. was arrested for the murder of JENNIFER JOSEPH, a known prostitute. In that case a vehicle was used to transport JOSEPH to her recovery site. As a result of this arrest, YATES' picture was published in the Spokesman-Review newspaper, and four known prostitutes have since contacted detectives, indicating they have each dated YATES, some of them on more than one occasion. In each date the woman was picked up by YATES as he was driving a vehicle and then driven to another location for the sex act. In each case, the woman received payment for the sex act prior to the sex act. Each victim's body was recovered with no purse, wallet or money having been found. Interviews with numerous prostitutes over the last two and one-half years has developed information about their lifestyles, customs and practices. It has been determined that women practicing prostitution establish the sexual act wanted and the dollar amount for the sexual act first, then collect the money for that sexual act prior to performing any sexual act. In other words, the woman is always paid first and then the sexual act takes place second.

This is further corroborated by interviews with various female Spokane police officers who have worked vice operations as "decoy" prostitutes. Because no purse, wallet or money was found, it is believed that each homicide victim was also a robbery victim at some point, either before or after the sexual act, as the perpetrator did unlawfully take her personal property or did unlawfully take her services by the use or threatened use of force. It is known the perpetrator was armed with a deadly weapon, a firearm, and in fact did inflict bodily injury by shooting each victim, further establishing the elements of Robbery in the 1st Degree.

On 08/01/98, approximately 0215 hours, CHRISTINE L SMITH, W/F, 08/25/67, reported to SPD Officer M. Carr, #472, (Report #98-211544) that she had been the victim of an assault and robbery. She further reported that earlier that same evening between 0100 and 0130 hours, she had been working as a prostitute in the area of the Mental Health Building on East Sprague and was picked up by a "date" near the Beauty Supply Company, later determined to be E. 124 Short, Spokane County, Washington. She described the vehicle the suspect was driving as a 70*s model van, black in color, and as having had some kind of orange coloring on the passenger side exterior. She further described the van as having dark brown vinyl seats and possibly having an unknown color carpet on the floor. Smith said the rear area of the van had a tan wood-type interior and also in the back part of the van was a wood framed bed, approximately 2 1/2 feet tall, possibly with a mattress on it. Smith looked for, but did not find, a door handle on the sliding van door.

The inside of the sliding door was also covered with wood paneling and the back doors of the van had two windows. Smith described the "date" driver as a white male, approximately 50 years of age, 5'10", 175 lbs., medium build, with sandy blond hair, being average in length, with no facial hair and a slightly pock-marked face. Smith stated the "date" did not seem nervous, nor did he smell of alcohol or act drunk, features which she normally notices about her clients. She directed the suspect to a parking lot behind the Rockwood Clinic, E. 400 Fifth, Spokane County, Washington and enroute, the suspect told her he was a helicopter pilot with the National Guard. Smith did ask him if he was the "psycho killer", to which he said he was not the killer because he had five kids and would not do that. Smith quoted the suspect prices for her services and once in the parking lot, he moved the van to a darker area and handed her $40.00 for oral sex.

They both went to the rear of the van and she got onto the raised mattress area, where the suspect pulled his shorts down and she performed oral sex on him for 5 to 7 minutes. The entire time, the suspect's penis never became erect. After the 5 to 7 minute time span, the suspect hit her over the head with something, nearly causing her to lose conscientiousness. She fell back and struggled to stay awake and keep her wits about her. The suspect told her to give him back his money, at which time she made her way to an area towards the front seats of the van trying to get the money from her pockets. The suspect asked her her name, as well as asking out loud, "what are we doing here, Christine?" Smith could feel blood dripping from her head and jumped into the front seat and out the passenger door, where she fled to nearby St. Luke's Rehab Center, where she was able to summon assistance from security, who gave her a ride to Sacred Heart Hospital, where she was treated for a 1/2" long cut just above and behind the left ear in the left mastoid area, requiring three stitches to close. Smith did retain her money, because it was in her clothes pockets, however, she left behind her purse, which contained make up, address books, keys and a key chain, and jewelry. Potential evidence, (PI 56207) and photographs were obtained by officers and follow-up was attempted with Smith unable to identify a suspect at that time.

As a result of the 4/18/00 Murder arrest of Robert Lee Yates, Jr., and subsequent photo of Yates in the Spokesman Review newspaper. Smith re-contacted investigators with the Homicide Task Force and advised that Yates might be the suspect who assaulted and robbed her on 8/1/98. Detectives Benticy and Hill did interview Smith again on 5/12/00. Smith told detectives that this past March of 2000, she was treated at the University of Washington Medical Center in Seattle for injuries sustained in a car accident. Part of that treatment consisted of x-rays other head and physicians determined that she was carrying metal fragments within her head. Detectives obtained signed medical release forms from Smith and obtained copies of the University of Washington Medical Center medical records, including x-rays of the treatment of Smith. Doctors John Hunter and Timothy Evans both concluded in their reports that Smith had a probable old gunshot wound to the left mastoid area. Also during this interview. Smith did concede that she may have been shot, rather than struck, because she always wondered about the suddeness and severity of the attack on her. Smith was unable to positively identify Yates from a photo line up, but did say that he looked a lot like the man who had assaulted her.

Also subsequent to Yates' 4/18/00 arrest. Task Force detectives located and seized a number of vehicles which Yates owned or had previously owned, including a 1979 Ford van, Washington License TL1757, which was searched pursuant to a Search Warrant signed by Judge O'Connor on 5/09 and 5/10 of 2000. This van is black in color with an orange/yellow stripe on the passenger side exterior, which has been painted over with black paint. The van has bucket seats with a raised platform in the rear covered in carpet. The side and rear walls of the interior of the van are covered in wood paneling, as described by Smith. WSP forensic scientist Bill Culnane did identify numerous stains within the van which reacted positively for the presence of human blood. Further tests on these stains remain to be done. Also found in the van was an expended .25 auto case Mag Tech Recreational Products Brand, the same brand and caliber of ammunition used in the murders of JOHNSON, WASON, McCLENAHAN, OSTER, MAYBIN, ELLIS and MERCER. Also found in the van, after following a pathway in the van roof, was a spent bullet found lying in the roof track above the windshield. Further testing remains to be done on both the expended casing and the recovered bullet located within the van. Since Robert Lee Yates. Jr's arrest on 04/18/00, detectives have learned that Yates owned a 1979 Ford van previously described, from 09/27/97 to 5/7/99, encompassing the time of the Christine Smith Assault and Robbery on 08/01/98. In addition, the description provided by Smith closely matches both the 1979 Ford van and Robert Yates' physical description and investigators have learned that Yates was indeed a helicopter pilot with the Washington National Guard and does have five children as the suspect told Smith the night of 08/01/98.

Detectives have in their possession a video tape supplied by neighborhood activist Carol Taylor. This video tape is purportedly of the night 08/01/98. On this tape, at 11:55:55, (p.m.) is observed a dark colored van, which closely resembles the 1979 Ford van seized by detectives. The van on this video tape is viewed from the driver's side and clearly shows a lighter colored stripe running diagonally along the side. The location of the gas cap and the rear quarter window is consistent with Yates' former van. It is believed this van is video taped at approximately 2900 E. Sprague, an area frequented by prostitutes, who are also clearly depicted on the video tape. It is felt by investigators that the incident involving Christine Smith, as reported on 8/1/98, was an attempted 1st Degree Murder and Robbery committed by Robert Lee Yates, Jr.

On 5/16/00, Detective Ruelsch prepared this Affidavit charging ROBERT LEE YATES, JR., W/M, 05/27/52, with nine counts of Murder in the 1st Degree based on YATES having premeditated intent to cause the death of another person and did cause the death of DARLA SUE SCOTT, MELINDA L. MERCER, SHAWN L. JOHNSON, LAUREL A. WASON, SHAWN A. McCLENAHAN, SUNNY OSTER, LINDA M. MAYBIN, MICHAELYN J. DERNING, and CONNIE L. ELLIS, and with one count of Attempted 1st Degree Murder and 1st Degree Robbery for the incident involving CHRISTINE L. SMITH.

SUMMARY OF FACTS
HOMAS R. PALLQUIST
SPOKANE COUNTY CLERK

(State of Washington ) vs. ROBERT LEE YATES, JR W/M, 05/27/52
(County of Spokane )

The undersigned, being competent to testify and sworn on oath, deposes and testifies that be believes that a crime was committed by the defendant/defendants in the County of Spokane State of Washington, because: On 08/26/97 a badly decomposed body was discovered at approximately 9800 Forker Road, Spokanc County, Washington by witness KEVIN KAELIN. Detectives Ruetsch and Grabenstein, as well as Ident officers, processed the scene, and in addition to the body and clothing worn by the victim, also recovered at the scene were the victim's shoes and a brownish-gray towel, as well as other items. The victim was identified through fingerprints as JENNIFER A. JOSEPH, an Asian female, born 10/06/80. Crime scene investigation strongly suggested that JOSEPH was transported to the rural area she was found in by a vehicle of some sort. On 08/28/97 an autopsy was performed on JOSEPH'S body by Dr. George Lindholm and P.A.Randy Shaber. Cause of death was determined to be multiple gunshots.

It was noted that the blouse worn by the victim still had a right wrist cuff button present but that the left wrist cuff button was missing. Witnesses JOHN JOSEPH and MI HAE JOSEPH are the parents of JENNIFER A. JOSEPH and provided investigators samples of their blood in the event that it ever became necessary to establish a biological link between themselves and their daughter. Subsequent investigation revealed that JOSEPH was last seen alive by witness YOLANDA CAREY, traveling eastbound on Sprague Avenue at approximately Thor in the City of Spokane, in a white-colored vehicle described as looking like a 1975 Corvette. This vehicle was being driven by a white male, 30 to 40 years of age. This was observed by CAREY on Saturday, 08/16/97, at approximately 2335 hours, and just prior to this CAREY observed JOSEPH to be working in that area as a prostitute.

During the course of the investigation, information was obtained about ROBERT LEE YATES,JR., W/M, date of birth 05/27/52. YATES was identified by SPD Officer Turman, #407, as the driver of a white 1977 Corvette, Washington license KJH442, that Turman stopped in the vicinity of Sprague and Ralph in Spokane, Washington on 09/24/97 for a traffic violation. YATES was again contacted by SPD Officer Reynolds, #558, on 11/10/98 at 1:25 a.m. after he was observed picking up JENNIFER ROBINSON, a known prostitute at 1st and Crestline in Spokane, Washington.

This is another area known to be frequented by working prostitutes and their customers. YATES told Officer Reynolds that he had picked up the woman to give her a ride home at her father's request. At the time of this contact, YATES was driving Washington license 918AJH, a 1985 Honda Civic, registered to him. On 09/15/99 YATES was interviewed at the Public Safety Building by Detectives Bentley and Grabenstein. It was noted by both investigators upon initial contact that YATES seemed to be sweating profusely. It was also noted by investigators that YATES' hair color was light brown. YATES was initially questioned about the contact with police on 11/10/98, and he repeated the same story that he had related to the officer at the time. YATES had trouble recalling the female's name but thought that it was JENNIFER.

He was asked the female's father's name but could not remember it. He was asked how he knew her father, and he stated that they had worked together for a short time. Also during this interview YATES was asked about his contact with police on 09/24/97. He recalled the incident and stated that he was driving a Corvette at the time, which he had since sold to a friend of his named RITA JONES. YATES was asked about any contacts that he may have had with prostitutes, and he stated there was one occasion during the fall of 1998 when he picked up a female hitchhiker because it was cold, and that when she propositioned him, he dropped her off about a mile from where he had picked her up. He denied having patronized this female or any other prostitute in Spokane. On 09/16/99 witness JENNIFER ROBINSON told investigators she remembered the contact between police and YATES on 11/10/98, that she did make an agreement between herself and YATES for oral sex for $20.00, and that when YATES was stopped by police she instructed him to tell police the story about her father. At this time she said that story was not true.

On 11/28/97 WSP Trooper Nick Gerard, #985, stopped YATES northbound on Hwy. 195 at MP 91, in Spokane County, Washington, for speeding. At the time of the stop, YATES was driving the 1977 Corvette, Washington license KJH442. YATES was issued a citation for speeding. On 01/12/00 witness SARAH MARSH was contacted by an investigator and indicated that she sold the 1977 Corvette to ROBERT YATES in September, 1994. On 01/07/00 witness RITA JONES was contacted by Detective Orabenstein and she indicated she purchased the 1977 Corvette from ROBERT YATES in May, 1998. At the same time she allowed Detective Grabenstein to remove several samples of carpet fibers from the interior of the Corvette. On 04/05/00 Forensic Scientist Kevin Jenkins of the Washington State Patrol Crime Laboratory informed investigators that fibers obtained from the Corvette quite closely matched fibers recovered during the investigation of the JOSEPH homicide, from JOSEPH'S shoes and the brownish-gray towel. One group of fibers was identical visually and microscopically in regard to color, texture and shape.

They are both nylon and they also appear to be the same, as closely as can be determined, by measurement of the absorbency spectra. A second group of fibers, described as somewhat lighter and slightly different colored from the first fibers, are also similar to one fiber retrieved during the investigation. These fibers are similar visually and microscopically and as to color, shape and texture. The samples are smaller and more extensive testing could not be done at this time. This information indicates there are two different-colored fibers, both in the car and recovered from the body of the victim, that exhibit respectively high levels of similarity. WSP Crime Lab personnel also located several light-brown Caucasian head hairs on the brownish-gray towel recovered with JOSEPH'S body on 08/27/97. Investigators have obtained certified copies of paperwork from Washington State Department of Licensing concerning the titling and registration of the 1977 Corvette, Washington license KIH442. This paperwork contains a hand-written receipt signed by SARAH MARSH showing she sold the Corvette to ROBERT YATES on 09/08/94. Registration paperwork shows YATES as the registered and legal owner of the Corvette as of March of 1995. Vehicle title application/registration certificate shows that RITA JONES applied for title on 05/29/98. The aforementioned paperwork establishes ROBERT LEE YATES as the owner of the 1977 Corvette from 09/08/94 through 05/29/98. On 04/10/00 a search warrant was prepared for the 1977 Corvette by Detective Grabenstein and presented to be reviewed and signed by Superior Court Judge Donohue. It was executed the same day, and numerous items of potential evidence were seized from the vehicle, including the following: From the area of the passenger side floorboards, a white button with two holes was collected. The passenger-side seat belt buckle and attachment were noted to be stained with what appeared to be blood. Several areas of the driver's seat were swabbed and tested with a presumptive chemical test for blood which reacted positively, and this seat was collected.

WSP Lab personnel further examined the passenger seat and passenger seat belt buckle, and noted numerous areas with blood-like stains. The majority of the stains appear to have soaked through the seams of the seat. Human DNA was recovered from two stains off the seat and one stain off the seat belt buckle, A DNA profile was generated for these three samples and they appear to be from a common donor. Based on this profile and the profile of JOHN JOSEPH and MI HAE JOSEPH, the human DNA recovered from the passenger seat and the passenger-side seat belt buckle is approximately 850 times more likely to have come from an offspring of JOHN and MI HAE JOSEPH than if the DNA was from a randomly-selected individual from the Caucasian population. In other words, JOHN and MI HAE JOSEPH cannot be eliminated as the parents of the donor of this human blood. WSP Lab personnel further examined and compared the questioned button recovered from the Corvette and the known button from the right sleeve of JENNIFER JOSEPH'S jacket. This examination revealed them to be the same size and design, and both buttons are made of the natural material known as "mother of pearl". The button recovered from the Corvette either came from JENNIFER JOSEPH'S jacket or an article of clothing with identical buttons.

On 3/22/00, Detective Hammer came into possession of a list of license plates which was kept by Joe Lockridge. Joe Lockridge was the boyfriend of known prostitute Cheryl Sickerman, and told Detective Hammer that Cheryl dated the driver of Washington license 507JKN on 3/7/99. Joe further stated this date picked Cheryl up at 1st and Scott in Spokane, Washington for the purposes of oral sex. Washington license 507JKN is a 1985 Honda Accord registered to Robert Yates at 2220 E. 49th Spokane, Washington. On 4/18/00, at approximately 0630 hours, Detective Grabenstein and other members of the Spokane County Sheriffs office contacted Robert Lee Yates, white male, 5/27/52, on North Market in Spokane County, Washington and took him into custody for 1st Degree Murder based on the aforementioned probable cause.

On 04/19/2000 Detective Ruetsch prepared this affidavit charging ROBERT LEE YATES, JR, W/M, 05/27/52, with the crime of Murder in the First Degree based on his having Premeditated Intent to Cause the Death of Another Person and did cause the death of JENNIFER A. JOSEPH.