Bias claimed in dollars-for-deals cases

This story was published April 14th, 2006 in the Tri-City Herald. By John Trumbo, Herald staff writer.

Anyone who has had a hand in the dollars-for-deals program in Benton County District Court should be disqualified from any case involving someone who paid to get criminal charges reduced or dismissed, says the defense attorney who exposed abuses in the program.

Christopher Herion was the second court-appointed attorney for an Idaho man whose DUI charge in Kennewick was reduced through a donation last year. Herion discovered the abuses while preparing the man's case.

Although Travis Lockie, 31, had two prior DUIs in Idaho, he had made a deal in Benton County District Court through his first attorney to donate to Kennewick's Home Base youth recreation program to get his third DUI charge reduced. But that deal unraveled after he was busted for another DUI the day after his release from Benton County jail.

Lockie subsequently withdrew his guilty plea after the Herald detailed his case, and he is being prosecuted again.

A series of Herald stories since Feb. 11 has revealed that at least $18,000 that was donated to Home Base by several defendants can't be accounted for.

After Herald stories ran, the assistant city attorney involved was suspended and a former public defender resigned his contract.

And the FBI is investigating the program.

In the latest development in the scandal, Herion filed two motions Wednesday afternoon claiming Lockie cannot get a fair hearing from Kennewick's city prosecutors or from any District Court judge or commissioner.

Herion's motions call for the city attorney's office to be disqualified and for judges and court commissioners to recuse themselves.

Herion says his client should be allowed to have deferred prosecution, which is available for a first-time Washington DUI offense, but he doesn't believe it can happen unless an independent prosecutor "from outside Benton and Franklin counties" is appointed.

In the filings, Herion wrote that during a Feb. 16 hearing for Lockie, Judge Eugene Pratt "warned the Kennewick City Attorney's Office not to retaliate" against Lockie.

Three weeks later, assistant city prosecutor Lisa Benton told the court she would oppose deferred prosecution for Lockie, even though it is regularly allowed for defendants who meet court requirements.

Herion's motion also notes that Judge Holly Hollenbeck "advised that he was not inclined to grant a deferred prosecution" even before Lockie "had an opportunity to submit a petition for a deferred prosecution."

Herion said in his motion that Pratt is presiding judge for Richland cases and Hollenbeck is presiding judge for Kennewick cases, and that both "are aware" that both cities operate cash-for-deals donation programs.

Pratt said later he had no comment on Herion's motions, which he will be heard by Hollenbeck next week.

Herion also said dismissals or charge reductions in exchange for donations that were approved by "the judges on the city of Kennewick and city of Richland's dockets are not recognized by court commissioners (Bill) Platts and Eugene Stilwill."

He added: "Therefore, there is no uniform approach to the donation program (and) the Benton County District Court bench is split."

The motions filed included copies of more than a dozen articles published over the past two months by the Tri-City Herald about the problems with Kennewick's and Richland's donation programs.

In asking for the judges and commissioners to recuse themselves, Herion noted the public has questioned the validity of the donation programs. And he added, "No reasonable person could find that any Benton County District Court judge or court commissioner could be fair and impartial in hearing any case involving a donation."

Herion said the donation programs' woes are an embarrassment to the cities and county. He said people who have made donations and who may have information that could help with an investigation as to where the missing $18,000 went are reluctant to come forward.

"Those persons refuse to step forward because they fear they will be re-sentenced and face stiffer penalties much like (Lockie)," Herion wrote in his motion.

Another of Herion's clients also has a DUI donation deal that could fall apart. Jennifer Flores, 22, of Kennewick, paid $2,000 to Home Base in February to dismiss a charge of not having a required ignition interlock device.

The device, which detects alcohol on a driver's breath, was required for her to be on a deferred sentence in a 2004 DUI arrest. But the controversy over the cash-for deals program has put all donation deals like hers in jeopardy, Herion said.

Flores was in District Court on Thursday to see if Commissioner William Platts would honor her donation deal. Herion had told her to expect otherwise because the judges and commissioners were taking a second look at cases in which donations led to dismissal of charges.

The controversial cases drew further unwelcome attention to the Benton County court system on Thursday with publication of a Seattle Times story on the deals. The story featured Flores, whose story was detailed by the Tri-City Herald on March 19.

"I recognize that this court does not approve of donation (deals)," Herion told Platts on Wednesday. And Platts indicated he wasn't inclined to change his mind.

"Your client may be between a rock and a hard spot," Platts said, offering only to "see if I have some discretion."

He said he would give Herion time to "glean the law" before returning to court May 19 to make the case why Flores should not be sentenced for violating the conditions of her deferred prosecution.

If that happens, the $2,000 donation she made to Home Base to avoid a two-day jail sentence for DUI will have gotten her nothing.

"That's just another fallacy of the donation program," Herion said.

Barry Flegenheimer, president of the Washington Association of Criminal Defense Attorneys, said Herion is doing the right thing.

"The donation program seems unethical, illegal and immoral," Flegenheimer said. "There is no place for a prosecutor to have a defendant make a donation to a charity. A donation program guided by prosecutorial discretion is an unfair way to dispense justice," he added.