FILED FEBRUARY 8, 2022 In the Office of the Clerk of Court WA State Court of Appeals Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE In the Matter of Personal Restraint of ) ) No. 37732-6-III JONATHAN BROOK HAWKINS. ) ) ) UNPUBLISHED OPINION ) ) FEARING, J. — Jonathan Hawkins seeks relief from personal restraint resulting from his convictions for two counts of first degree child rape and one count of first degree child molestation. This court previously denied his appeal from his convictions. In his personal restraint petition (PRP), Hawkins contends that his trial counsel performed ineffectively, the State engaged in misconduct, and the superior court denied him his constitutional right to a grand jury indictment. We deny Hawkins relief. FACTS This prosecution arises from sexual contact between Jonathan Hawkins and two of his three young daughters. Hawkins obtained a college degree in agricultural business and science. In early February 2015, Hawkins and his wife, Caitlyn, resided in a Moses Lake hotel room with their three children: four-year-old Leah, one-and-a-half-year-old Carol, No. 37732-6-III In re Personal Restraint of Hawkins and six-month-old Linda. All children’s names are pseudonyms. Caitlyn is the biological mother to all three girls. Jonathan is the biological father to Carol and Linda and the stepfather to Leah. All minors’ names are pseudonyms. On February 10, 2015, in a Facebook conversation with a family friend, Jonathan Hawkins described his family’s “‘open’” lifestyle and promulgated his belief that “females existed to provide sexual service to males and that his one-and-a-half- and four- year-old daughters assisted their mother in sexual activities with him.” State v. Hawkins, No. 34898-9-III, slip op. at 1-2 (Wash. Ct. App. Apr. 23, 2019). Following this conversation, the family friend reported Hawkins to Child Protective Services (CPS) regarding potential sexual assaults of Leah. State v. Hawkins, No. 34898-9-III, slip op. at 2. On February 11, 2015, Sergeant Brian Jones of the Moses Lake Police Department began investigating the allegation CPS received. In an affidavit for a search warrant of the hotel room in which the Hawkins family resided, Sergeant Jones referenced the Facebook conversation between Jonathan Hawkins and the family friend. Hawkins had written in the electronic conversation: [Leah] was “learning by example” from watching her mother and father engage in sexual activities, including “how to pleasure the sack and prostate.” The affidavit also included admissions by both the mother and the father that the four-year-old had been in contact sexually with the father and had assisted in “milking” him. [Clerk’s Papers (CP)] at 263. The “milking” process was described in a Facebook message included in the affidavit as the regular “release” of “sperm and what we call milk.” CP at 2 No. 37732-6-III In re Personal Restraint of Hawkins 265. Mr. Hawkins described the released material as “very healthy for the female to eat” and “should be the majority of the females [sic] diet.” CP at 265. State v. Hawkins, No. 34898-9-III, slip op. at 21. The …
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