A Kennewick man accused of offering girls money and drugs to watch him perform sex acts and stalking his ex-girlfriend against court orders sobbed Thursday after a judge refused to dismiss one of his cases or suppress evidence in both.
Ryan Graichen, 35, now will face a Benton County Superior Court jury Monday for the Columbia Park sex case.
The former Portland police officer had hoped to see an end to that case Thursday, or at least some of the evidence tossed before trial. But Judge Cameron Mitchell ruled the search warrants for the two separate cases were not overbroad and that there is sufficient evidence to support the allegations in the sex case.
Deputy Prosecutor Anita Petra amended the charges against Graichen, adding three to the current five charges. He pleaded innocent to two counts of sexual exploitation of a minor, five counts of commercial sex abuse of a minor and one count of promoting commercial sexual abuse of a minor.
His second case for felony stalking and four counts of violation of a civil anti-harassment order, a misdemeanor, is set for trial Nov. 21.
In the original case, prosecutors claim Graichen approached teenage girls and a boy in Columbia Park on two occasions in the summer of 2010 and offered them money, alcohol and marijuana if they would go back to his house and be filmed while he masturbated. One girl was 19, but the others reportedly were underage.
He was arrested in December by Kennewick police after four of the girls reportedly identified him.
In a search of Graichen's home, investigators allegedly found a binder with pictures of teen girls in bikinis and other more explicit photos.
His attorney, Nicholas Jones, argued Thursday that there never has been an allegation any of the teens saw a camera or any recording device, or made a report that they thought they were being watched without permission.
"No live act happened. It was mere conversation at this point," he said. "The state ultimately tries to make the jump that because we have conversation, there's clearly other materials that relate to this."
Jones asked that evidence such as hard drives, cell phones, computers and media storage devices taken from his client's home be suppressed because there was no allegation they were used in commission of the crime when police went searching for them.
"Even if a warrant may be valid, the question is, 'Can you seize lawful items?' " he said.
Jones also questioned if detectives based their search warrant on knowledge of Graichen's prior behavior as a cop, without any new information.
Graichen worked for the Portland Police Department from 1998 to 2007, when he resigned amid an investigation for filming high school girls at a school dance and basketball games. Graichen, who was a school resource officer at the time, allegedly zoomed in on the girls' private areas. He never was charged with a crime.
Mitchell acknowledged that any information regarding Graichen's activities while employed in Portland would be "much too stale" to support a warrant, but said it was one of several factors considered by a judge in finding probable cause for granting the warrant.
In the second case, Graichen allegedly created two fictitious Facebook profiles so he could stalk his ex-girlfriend.
The former girlfriend is a potential witness for the prosecution in the sex case and got an anti-harassment order against Graichen last January.
The stalking occurred in late April after he was released from the Benton County jail, prosecutors said. He has remained in jail without bail since his May 25 arrest in this case.
Jones said that when police searched the Bingen home where Graichen was living with his mother, they did not need to take all computers and review their personal files when evidence of the Facebook accounts would have been in the web-browsing cache. Detectives also had seen pictures of Graichen using a Toshiba, so they should have just focused on that computer, he said.
Mitchell ruled that when looking for evidence of stalking, it's not unreasonable to think something might be found in personal computer files.
Jones also was unsuccessful in his attempt to get the sexual exploitation case dismissed, having argued that for his client to be properly charged the teens needed to have been active, engaged participants in Graichen's alleged requests for sex acts.
The judge found that no matter the minor's role in the act, they are there for the sexual gratification of the accused and that is sexually explicit conduct.
-- Kristin M. Kraemer: 582-1531; email@example.com