Prosecutor arrested after allegedly having sex in Qwest Field bathroom

This story was published October 25, 2006 in the Seattle Times. By Sara Jean Green - Seattle Times staff reporter.

A Thurston County senior deputy prosecutor who was ejected from Qwest Field Sunday after employees said he was having sex in a bathroom told his boss he was just using the facilities.

King County Sheriff's Sgt. John Urquhart said two female employees told off-duty sheriff's deputies and Seattle police officers who were working security at the stadium during the Seahawks game that a man and woman were having sex in a bathroom stall.

"We didn't see them having sex but they were clearly in the same stall," Urquhart said of the couple, who told deputies they work together in the Thurston County Prosecuting Attorney's Office.

The man, a 39-year-old attorney, "had been drinking and was argumentative" with deputies, he said. Arrested for obstructing and trespassing, the man was interviewed and released, Urquhart said, explaining that it is "against the law for him to be in a women's restroom."

The Seattle Times does not generally name people who have not been charged with a crime.

Thurston County Prosecutor Ed Holm said the attorney -- who handles general felony cases and has developed expertise in negligent homicide prosecutions and accident-scene reconstructions -- has "been put on notice that there will be discipline." The lawyer will be allowed to continue working until Holm makes his decision, which won't happen until after local prosecutors decide whether to charge him.

According to Holm, the attorney "says he was going to the bathroom" and never engaged in a sex act with the woman, a paralegal who has worked for Holm's office for about eight years.

Holm, who has discretion in the disciplining of attorneys, couldn't say if the woman, a unionized employee, would also face discipline. "I don't think there's been any accusations against her," he said.

Urquhart questioned the attorney's claim that he was simply going to the bathroom.

"So why is he using it with another woman in the stall?" he asked. "When we got there [to the bathroom] there was quite a long lineup" of women waiting to use the facilities, he said.

About RS McKay and Associates

"Defending YOUR FREEDOM in King and Snohomish Counties"

My name is Robert McKay, and I am the principal attorney and owner of Robert McKay & Associates. In my office, I take a unique approach to providing professional, experienced, highly successful, and affordable criminal defense services for people accused of any type of offense, from Class A felonies to simple misdemeanors. Here's how I do it.

Focused Practice Areas

At Robert McKay & Associates, I do not handle any civil law matters, such as personal injury, divorce, wills, business law, or even traffic tickets. By focusing my practice on criminal defense only, I can concentrate my energies on staying on top of the ever-changing landscape of criminal law. As a result, I can provide my clients every advantage possible in getting their cases dismissed, having charges reduced, or winning "not guilty" verdicts at trial.

At Robert McKay & Associates, I don't pretend to be a "Jack of All Trades". My office does just one thing, and does it as well as or better than anyone else in the Puget Sound area; vigorously and compassionately defending people accused of criminal offenses.

Limited Geographical Areas

Robert McKay & Associates does not accept cases outside of King and Snohomish counties.

Unlike the many high volume, "Fee Churner" firms that handle hundreds of cases in dozens of different courts and cities across the State, my office restricts representation to cases in just these two counties. The "Fee Churner" firms have huge overheads to pay for and can't afford to turn down any cases because they need the constant cash flow! These firms usually hire "road dog" associate attorneys to drive all over the State, trying desperately to cope with their overwhelming caseloads.

King and Snohomish Counties

Bellevue, Seattle, SeaTac, Federal Way, Kent, Renton, Shoreline, Covington, Enumclaw, Issaquah, Kenmore, Lake Forest Park, Maple Valley, Mercer Island, Tukwila, Woodinville, Auburn, Bothell, Snohomish County, Arlington Mill Creek, Monroe, Mountlake Terrace, Mukilteo, Lynnwood, Edmonds, Marysville, Burien, Des Moines, Kirkland, Redmond, Sammamish, Everett
If you come to Robert McKay & Associates with a case outside of King or Snohomish counties, I will be happy to refer you to experienced and competent attorneys who practices in the court system where your case is pending.

Another reason for accepting cases in only these few counties is my familiarity with the local court procedures, prosecutors, judges, and facilities. Each court system has it's peculiarities and quirks. Knowing what forms to use, who to talk to about setting hearings, how to access the jails, etc., varies from county to county, court to court. Over the years, I have obtained many dismissals, great plea deals, and favorable outcomes for my clients because of my reputation within the criminal justice system in these counties and because of my relationships with individual prosecutors, judges, probation officers, and court staff. As the old saying goes, "it's not what you know, but who you know" that counts!

Low Overhead

To keep costs down, Robert McKay & Associates utilize advances in modern technology that make many of the extravagant costs of an "old fashioned" law office unnecessary.

With the advent of the computer and the Internet, there is now little need for secretaries, paralegals, or expensive office law libraries. With computers, attorneys can quickly and easily draft their own documents and conduct comprehensive online legal research without ever leaving their desks.

And with the availability of inexpensive "toll free" numbers, call forwarding, and cellular phones, there is really no need for a receptionist to answer the telephones and take handwritten messages. When you call my office on my toll free number, 877-242-4808, your call will be forwarded to me wherever I am and I can speak with you about your legal problems immediately, 24 hours a day. If I am in Court, on the phone, or busy with another client, you can leave me a detailed voicemail message and I will be paged within seconds so that I can call you back within minutes. You can even write me an email that I can read on my cellphone!

Without the cost of unnecessary office "staff" to perform secretarial tasks or receptionists to answer phones, the overhead at Robert McKay & Associates remains very modest and the savings are passed along to you, the client.

A Frugal Philosophy

At Robert McKay & Associates, I know what is needed and what is not needed to provide the best possible legal representation at the lowest possible cost to you.

Many attorneys feel they need to impress you with posh, expensive offices, hardwood furnishings, and the other "trappings" of the stereotypical lawyer that generate so many lawyer jokes. Many lawyers live extravagant lifestyles and charge excessive fees to pay for their pricey homes, sports cars, yachts, and expensive imported suits and clothing. They forget - or don't care about - the fact that most people charged with a crime are working people who don't have huge bank accounts to pay for their exorbitant fees.

My offices in Seattle and Bellevue are part-time offices. A devoted and effective criminal defense lawyer does not hang around an office. We are in Courts every day conducting trials and hearings, meeting with Prosecutors and investigators, viewing alleged crime scenes, and travelling from place to place. With the advent of the laptop computer, we can draft documents, send and receive email, and even do legal research inbetween Court appearances without even being in an office. Cellular phones make it possible to be in contact with our clients wherever we are without being tied down to an office or receptionist.

For these reasons, I maintain my part time offices in Seattle and Bellevue for the convenience of client meetings, depositions, witness interviews, and preparing cases for trial. These spacious, fully equipped offices are available to me at any time. Their locations provide flexibility for me in meeting with clients who live on the East or West Side, while at the same time keeping office overhead reasonable.

Selective Advertising

You will not find Robert McKay & Associates in the Yellow Pages in any of the King or Snohomish County directories. In order to even be noticed in those phone books, attorneys are currently paying hundreds of thousands of dollars for multiple full page ads in several different books. I believe that phone books will be obsolete in the near future, and have chosen the Internet as the primary means of advertising my services.

Manageable Caseloads

By focusing only on criminal defense, accepting cases in only two adjacent counties, and keeping operating overhead very low, Robert McKay & Associates can limit the number of cases accepted and keep caseloads manageable. This means that each and every case gets the scrupulous attention it deserves and that fees will always be reasonable and affordable.

You should feel confident that the criminal defense attorney that you hire will work hard for you, cares about you as a person, and leaves no stone unturned in trying to obtain the best possible outcome for you.

At Robert McKay & Associates, that's precisely what you will get. I'm your guy. So call now for an initial consultation at 877-242-4808. There won't be a receptionist to bring you coffee, but I make a mean latte!

Judge jailed for exposing himself during trials

This story was published August 19, 2006 on CNN.com.

BRISTOW, Oklahoma (AP) -- A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison.

Donald Thompson had spent almost 23 years on the bench and had served as a state legislator before retiring from the court in 2004. He showed no reaction when he was sentenced.

At his trial this summer, his former court reporter, Lisa Foster, testified that she saw Thompson expose himself at least 15 times during trial between 2001 and 2003. Prosecutors said he also used a device known as a penis pump during at least four trials in the same period.

Thompson, 59, was convicted last month of four felony courts of indecent exposure for incidents that took place in his Creek County courtroom.

Judge C. Allen McCall denied a defense motion asking that Thompson be allowed to remain free pending an appeal. Thompson also was ordered to pay a $40,000 fine.

Thompson, a married father of three grown children, testified that the pump was given to him as a joke by a longtime hunting and fishing buddy.

"It wasn't something I was hiding," he said.

He said he may have absentmindedly squeezed the pump's handle during court cases but never used it to masturbate.

Foster told authorities that she saw Thompson use the device almost daily during the August 2003 murder trial of a man accused of shaking a toddler to death. A whooshing sound could be heard on Foster's audiotape of the trial. When jurors asked the judge about the sound, Thompson said he hadn't heard it but would listen for it.

Police built a case against the judge after a police officer testifying in a 2003 murder trial saw a piece of plastic tubing disappear under Thompson's robe. During a lunch break, officers took photographs of the pump under the desk.

Investigators later checked the carpet, Thompson's robes and the chair behind the bench and found semen, according to court records.

Carmelia Brossett, a senior probation officer for the state Department of Corrections, said in a presentencing report that Thompson refused to undergo psychosexual testing.

"Thompson's denial of the offense would likely present difficulty, if not inability for treatment providers to provide meaningful and beneficial sex-offender treatment," she said.

The jury recommended a sentence of one year in prison and a $10,000 fine on each count. The jury foreman has said it was the jury's intent that Thompson serve the full sentence.

US facing wave of murders and gun violence

This story was published August 20th, 2006 on Yahoo.com. By Jason Szep.

ROXBURY, Massachusetts (Reuters) - Analicia Perry was kneeling to light a candle at a makeshift shrine to her brother when she was shot in the face and killed -- four years to the day after her brother was gunned down on the same spot.

The slaying of the 20-year-old mother -- on a narrow street behind a police station in Boston's poor Roxbury district last month -- is one of the shocking examples of a rise in the murder rate across the United States that is raising questions about whether police are fighting terrorism at the expense of crime.

In a shift from trends of the past decade, violent crime is on the rise, fueling criticism of Bush administration policies as a wave of murders and shootings hits smaller cities and states with little experience with serious urban violence.

From Kansas City, Missouri, to Indianapolis, Indiana, places that rarely attract notice on annual FBI crime surveys are seeing significant increases in murder. Boston, once a model city in America's battle against gun violence, is poised to eclipse last year's homicide tally, which was the worst in a decade.

Explanations vary -- from softer gun laws to budget cuts, fewer police on the beat, more people in poverty and simple complacency. But many blame a national preoccupation with potential threats from abroad.

"Since September 11, much of the resources that were distributed to crime-fighting efforts in Boston and other major cities were redistributed to fight terrorism," said Jack Levin, director of the Brudnick Center on Violence and Conflict at Northeastern University.

"The feds had supported after-school programs. They had supported placing more police officers in crime hot spots in major cities. These federal efforts were reduced," he said.

VIOLENT CRIMES INCREASE

A 2005 Federal Bureau of Investigation crime report, issued last month, showed violent crime increasing for the first time in four years in 2005, up 2.5 percent from the year before, with medium-size cities and the Midwest leading the way.

While New York, Los Angeles and Miami still are enjoying drops in crime, smaller cities with populations of more than 500,000 are raising the alarm, posting an 8.3 percent rise in violent crime in 2005. Nationwide, the murder rate rose 5 percent -- the biggest rise in a single year since 1991.

After dramatic declines in murder rates in the 1990s, some cities dropped programs that emphasized prevention and controls on the spread of guns, often citing budget cuts.

"The Bush administration has scaled back funding for federal cops program," said Jens Ludwig, a criminal justice expert at Georgetown University. "From 1993 to 2000 we saw an impressive run-up in the number of law enforcement people patrolling against crime. That has really slowed down."

Of the 57 murders in Kansas City this year, 45 involved guns. "When things start getting out of control, people start shooting," said police Capt. Richard Lockhart.

Police in Indianapolis are clocking overtime after a dozen shootings in less than a week at the start of August that began with a cab driver gunned down. The city has had 71 murders this year, up from 51 a year ago.

WASHINGTON'S CRIME EMERGENCY

The police chief in Washington, D.C., declared a crime emergency in July following the murder of a British political activist in the exclusive Georgetown neighborhood and a spate of attacks on tourists on the National Mall.

Several Midwest cities are on pace for a rise in murders this year, including Cincinnati and Columbus in Ohio and Memphis, Tennessee.

"It isn't gang or drug violence, it's just people getting violent," said Mark Williams, an assistant district attorney in Milwaukee, Wisconsin. "A lot of them are minor disagreements and people using guns to settle them."

From the expiration of a federal ban on assault rifles to tougher restrictions on databases that identify gun owners, gun laws have weakened in the past five years, said Daniel Vice, an attorney with the Brady Center to Prevent Handgun Violence.

"The top five states with the highest gun death rates are five states with incredibly weak gun laws," he said, listing Louisiana, Alabama, Alaska, New Mexico and Wyoming.

In Miami, while overall crime is down, the use of semi-automatic weapons is growing.

"These things are dirt cheap," Police Chief John Timoney told Reuters, estimating the street price at $250 each. "We have seen these assault weapons being used time and time again by drug gangs."

(Additional reporting by Jane Sutton in Miami, Andrew Stern in Chicago and Andy Sullivan in Washington)

On trial for assault, man hits attorney in front of jury

This story was published July 19th, 2006 at DuluthNewsTribune.com. By Mark Stodghill, News Tribune Staff Writer.

After 23 years as a criminal defense attorney, Mark Groettum has seen plenty of flaws in human nature, but he wasn't prepared for what transpired in a Hibbing courtroom last week.

A Chisholm man, whom Groettum was trying to keep out of prison on assault charges, attacked him in the courtroom in front of the judge and jury.

William Edwin Lehman Jr., 56, bloodied and bruised Groettum's face with a barrage of punches before courtroom security subdue the defendant.

Lehman was standing trial in St. Louis County District Court after being accused of going to his next-door neighbors' apartment in Chisholm on Dec.19 and stabbing two men while complaining that the music they were playing was too loud. He threatened to kill them and used racial epithets in describing his intentions to police, according to the complaint.

The courtroom incident unfolded after Lehman had made a motion -- outside the presence of the jury -- for a mistrial, claiming his lawyer had provided ineffective counsel.

Sixth Judicial District Judge James Florey denied Lehman's motion and asked the bailiff to bring jurors into the courtroom.

Just as jurors were being seated,Lehman attacked Groettum, who was sitting at the counsel table looking at his notes.

The lawyer said he thought he sustained three to five punches to his head, cutting his lip, blackening an eye and bending the frame of his reading glasses. He said it was over in about five seconds.

Groettum said his client wanted a mistrial because Lehman claimed Groettum wouldn't ask witnesses questions Lehman wanted asked.

St. Louis County prosecutor Brian Simonson said he believed the attack was orchestrated by Lehman in an attempt to get a mistrial and retry the case.

"It's just sad that it happened to a good person like Mark Groettum, who is there working hard for Mr. Lehman and Mr. Lehman decides to manipulate the system," Simonson said.

Groettum, 48, is a part-time public defender who also has a private law practice in Hibbing.

Fred Friedman, Northeastern Minnesota's chief public defender, was teaching a law class at the University of North Carolina when contacted by the court on Thursday and informed of the attack on one of his public defenders. Friedman said he and Florey spoke over the phone.

"My personal opinion is that you can't reward people for creating violence in the courtroom and you cannot give them a new lawyer and you cannot give them a mistrial," Friedman said.

Florey ruled that the defendant's misconduct was an attempt to manipulate the system and that he shouldn't be able to benefit from it. A motion for a mistrial was denied.

The trial resumed Thursday afternoon with Lehman representing himself.

The case went to the jury on Friday. Simonson said jurors deliberated less than two hours and found Lehman guilty of all six charges against him involving the attack on his Chisholm neighbors.

The jurors then deliberated a second phase of the trial in which they could consider whether Lehman should receive a longer sentence because it was the third violent crime Lehman had been convicted of.

According to court documents, Lehman has a 1992 assault conviction involving a stabbing, a 2000 conviction for being a felon in possession of a firearm, and prior felony convictions for armed robbery and escape, which stemmed from a bank robbery with the use of a firearm and escape from custody with the use of a firearm.

Simonson said it took jurors less than 10 minutes to find that Lehman deserved a longer sentence.

Florey immediately sentenced the defendant to 14 years in prison on the assault charges and five years in prison on a terroristic threat conviction, with the time to be served concurrently. The judge also found Lehman to be in criminal contempt of court for assaulting his attorney and added six months in prison for that crime.

A message left for Lehman at the St. Louis County Jail in Duluth on Tuesday wasn't immediately returned. He is scheduled to be transported to the state prison in St. Cloud on Thursday.

Groettum said the attack won't affect his ability to do his job. He said he's never heard of a Northland attorney being attacked in a courtroom and doesn't expect to hear of it happening again. But...

"Sometimes maybe we relax a little bit too much, and sometimes we have to be more aware of the dangers," Groettum said.