The Associated Press
KENNEWICK Two former Tri-City attorneys are facing federal charges of theft, conspiracy and bribery for their alleged involvement in a scheme that allowed defendants to pay their way out of Benton County District Court cases.
A grand jury in Spokane indicted former Assistant City Attorney Tyler M. Morris and defense lawyer Jeff Finney on Tuesday, about a year after the FBI began investigating the embezzlement of money paid by misdemeanor defendants in Benton County.
According to prosecutors, Morris and Finney arranged for the reduction or dismissal of charges against defendants who agreed to make contributions to a city youth program. In many cases, they say, the two solicited cash payments which they split - an estimated $40,000 to $50,000, according to Kennewick City Manager Bob Hammond.
Morris, 36, of Walla Walla, faces one count of theft and one count of soliciting a bribe. Finney, 50, of Benton City, is charged with one count of bribery. Both also face a count of conspiracy to commit a crime.
Tom Rice, spokesman for the U.S. attorney's office in Spokane, said each of the theft and bribery charges carries a maximum penalty of 10 years in prison and a $250,000 fine. The conspiracy charge has a potential five-year prison term and a $250,000 fine.
Morris and Finney lost their jobs after the Tri-City Herald reported on the dollars-for-deals program early this year. The newspaper learned about the practice from the lawyer of a man charged with driving under the influence. The lawyer said his client had been given a chance to buy down that charge despite his prior history of drunken driving.
Using public disclosure requests, the newspaper determined that thousands of dollars in contributions never made it to the charity, called Home Base.
Concerns about the ethics of dollars-for-deals programs - that those able to pay are more likely to get off - prompted the cities of Kennewick, Richland, Pasco and West Richland to end their programs.
The stories prompted lawyers to question a similar practice in Whatcom County, in which some defendants saw felony drug charges reduced if they paid thousands of dollars to the county's drug enforcement fund. There were no allegations of missing money in Whatcom County, but in some of the cases defendants paid nearly twice the maximum fine for the lesser offenses to which they pleaded guilty.
The Washington State Prosecuting Attorneys Association has recommended legislation be drafted to prohibit donation deals because of ethical issues.
Judy Berrett of the state bar association said neither Finney nor Morris has been disciplined. A state bar investigation was put on hold until after the FBI completed its work and a decision was made about an indictment.
It was not immediately clear if Finney and Morris had obtained lawyers.
Monday, January 29, 2007
Friday, January 19, 2007
Lawyer Provided Excellent Defense Despite Sleeping During Trial, Says Federal Judge
Friday December 15, 2:52 am ET - Mark Hamblett - New York Law Journal
Even though defense attorney Robert Koppelman snoozed on occasion during the racketeering trial of an Albanian gang member, he managed to provide effective assistance of counsel under the Sixth Amendment, according to a federal judge.
In fact, Koppelman did such an excellent job defending Ljusa Nuculovic, despite falling asleep several times during the 2005 trial, that Southern District of New York Judge Denise Cote felt Nuculovic was lucky to have him.
Nuculovic was one of six defendants on trial for an Albanian crime organization's attempts to muscle in on the Luchese family gambling business in Queens.
All six were convicted on Jan. 4, 2006 of substantive and conspiracy racketeering charges, substantive and conspiracy gambling charges, and brandishing a firearm in furtherance of the substantive racketeering crime. Nuculovic was also convicted with four other defendants of an extortion conspiracy for his organization's efforts to place a gambling machine in the Cosmos bar in Queens.
He moved for a new trial in United States v. Nuculovic, S3 04 Cr. 1110, before Judge Cote on the grounds that Koppelman was ineffective because he "slept through portions of trial every day" sometimes for a few minutes and other times "for extended periods."
Nuculovic said he and court officers had to jostle Koppelman to keep him awake, and therefore his attorney failed to raise objections at critical points, present a coherent trial strategy or do his job on cross examination.
But Judge Cote said Koppelman's trial behavior was "greatly distorted," by his former client.
During the first part of trial, which was mostly devoted to agent testimony about gambling machines and the agents' surveillance of the organization, "it appeared that Koppelman had been sleeping," she said.
But Judge Cote said "there were others in the courtroom who may also have been tempted to sleep during that time, given the tedium associated with this largely uncontroversial proof."
Judge Cote then described her efforts in October 2005 to have Koppelman sit up straight and refrain from leaning back and closing his eyes.
After being told by the judge that she was watching to make sure he did not nod off, Koppelman moved for a mistrial, saying "If your honor thinks that I have been asleep through significant portions of this trial" then a mistrial should be granted.
Koppelman lost the motion, but not before telling the judge "I don't know how your honor can tell the difference between me leaning back in my chair with my eyes closed and sleep. If I was snoring, judge, then you could probably tell. I don't think anybody has claimed that I have been snoring through any of this trial."
Cote went on to take several measures to keep Koppelman and others away from slumberland. She kept the courtroom "fairly cold" and advised jurors to bring sweaters. She had frequent "stretching breaks," and she made sure Koppelman received a steady supply of ice water. She had an officer discreetly admonish the lawyer to sit up straight whenever he closed his eyes.
"As a consequence, there is absolutely no basis whatsoever to find that Koppelman slept through any appreciable portion of the trial following the agent testimony given in the trial's opening days," she said. "Even during those early days, Koppelman was a careful observer of the proceedings and an active participant, conducting some of the most memorable cross-examinations of the stream of agent witnesses."
Not only that, but the attorney had a "well-defined" trial strategy, conducted "skillful, imaginative" cross-examinations "based on a thorough command of the trial testimony," and "worked hard to create and maintain a good rapport with the jury," she said.
NOT GUILTY VERDICTS
Moreover, despite substantial evidence against his client, the attorney obtained not guilty verdicts on a charge of committing extortion at a club called the Grecian Cave and making an extortionate extension of credit in the amount of $10,000.
Judge Cote added that "no other defendant obtained as many separate verdicts in his favor."
Koppelman took the opinion in stride Wednesday.
"As far as she agreed that I did a good job, I agree with her opinion," he said. "The opinion points out that [Nuculovic] did better in terms of not guilty verdicts than anyone else, so it speaks for itself -- he had quite effective assistance of counsel."
Assistant U.S. Attorneys Timothy J. Treanor, Jennifer G. Rodgers and Benjamin Gruenstein represented the government. John Burke of Brooklyn represented Nuculovic on the motion.
Even though defense attorney Robert Koppelman snoozed on occasion during the racketeering trial of an Albanian gang member, he managed to provide effective assistance of counsel under the Sixth Amendment, according to a federal judge.
In fact, Koppelman did such an excellent job defending Ljusa Nuculovic, despite falling asleep several times during the 2005 trial, that Southern District of New York Judge Denise Cote felt Nuculovic was lucky to have him.
Nuculovic was one of six defendants on trial for an Albanian crime organization's attempts to muscle in on the Luchese family gambling business in Queens.
All six were convicted on Jan. 4, 2006 of substantive and conspiracy racketeering charges, substantive and conspiracy gambling charges, and brandishing a firearm in furtherance of the substantive racketeering crime. Nuculovic was also convicted with four other defendants of an extortion conspiracy for his organization's efforts to place a gambling machine in the Cosmos bar in Queens.
He moved for a new trial in United States v. Nuculovic, S3 04 Cr. 1110, before Judge Cote on the grounds that Koppelman was ineffective because he "slept through portions of trial every day" sometimes for a few minutes and other times "for extended periods."
Nuculovic said he and court officers had to jostle Koppelman to keep him awake, and therefore his attorney failed to raise objections at critical points, present a coherent trial strategy or do his job on cross examination.
But Judge Cote said Koppelman's trial behavior was "greatly distorted," by his former client.
During the first part of trial, which was mostly devoted to agent testimony about gambling machines and the agents' surveillance of the organization, "it appeared that Koppelman had been sleeping," she said.
But Judge Cote said "there were others in the courtroom who may also have been tempted to sleep during that time, given the tedium associated with this largely uncontroversial proof."
Judge Cote then described her efforts in October 2005 to have Koppelman sit up straight and refrain from leaning back and closing his eyes.
After being told by the judge that she was watching to make sure he did not nod off, Koppelman moved for a mistrial, saying "If your honor thinks that I have been asleep through significant portions of this trial" then a mistrial should be granted.
Koppelman lost the motion, but not before telling the judge "I don't know how your honor can tell the difference between me leaning back in my chair with my eyes closed and sleep. If I was snoring, judge, then you could probably tell. I don't think anybody has claimed that I have been snoring through any of this trial."
Cote went on to take several measures to keep Koppelman and others away from slumberland. She kept the courtroom "fairly cold" and advised jurors to bring sweaters. She had frequent "stretching breaks," and she made sure Koppelman received a steady supply of ice water. She had an officer discreetly admonish the lawyer to sit up straight whenever he closed his eyes.
"As a consequence, there is absolutely no basis whatsoever to find that Koppelman slept through any appreciable portion of the trial following the agent testimony given in the trial's opening days," she said. "Even during those early days, Koppelman was a careful observer of the proceedings and an active participant, conducting some of the most memorable cross-examinations of the stream of agent witnesses."
Not only that, but the attorney had a "well-defined" trial strategy, conducted "skillful, imaginative" cross-examinations "based on a thorough command of the trial testimony," and "worked hard to create and maintain a good rapport with the jury," she said.
NOT GUILTY VERDICTS
Moreover, despite substantial evidence against his client, the attorney obtained not guilty verdicts on a charge of committing extortion at a club called the Grecian Cave and making an extortionate extension of credit in the amount of $10,000.
Judge Cote added that "no other defendant obtained as many separate verdicts in his favor."
Koppelman took the opinion in stride Wednesday.
"As far as she agreed that I did a good job, I agree with her opinion," he said. "The opinion points out that [Nuculovic] did better in terms of not guilty verdicts than anyone else, so it speaks for itself -- he had quite effective assistance of counsel."
Assistant U.S. Attorneys Timothy J. Treanor, Jennifer G. Rodgers and Benjamin Gruenstein represented the government. John Burke of Brooklyn represented Nuculovic on the motion.
Monday, January 08, 2007
Life Sentence Sought in Seattle Shooting
By GENE JOHNSON - The Associated Press - Wednesday, December 20, 2006; 9:12 PM
SEATTLE -- Prosecutors said Wednesday they would not seek the death penalty against the man accused of shooting six people, one fatally, at a Jewish charity because of the suspect's long history of mental illness.
King County Prosecutor Norm Maleng said he based his decision on Naveed Haq's mental health records from the past decade, though he called the shooting "one of the most serious crimes that has ever occurred in this city."
Haq is charged with murder in the death of Pamela Waechter, 58, director of the Jewish Federation of Greater Seattle's annual fundraising campaign, and with five counts of attempted murder in the attack at the federation's downtown offices on July 28.
If convicted, Haq would face life in prison without parole. He also faces charges of kidnapping and malicious harassment, the state's hate-crime law.
Haq, 31, a U.S.-born Muslim, is accused of opening fire with two semiautomatic pistols at the Jewish center. He told authorities he was angered by the war in Iraq and U.S. military cooperation with Israel.
According to a statement of probable cause, Haq told a 911 dispatcher: "These are Jews and I'm tired of getting pushed around and our people getting pushed around by the situation in the Middle East."
Haq had been treated for bipolar disorder, deputy prosecutor Don Raz said. A family friend has said Haq had been getting psychiatric help for 10 years and hadn't been able to hold a job.
"We're certainly glad the prosecutor recognized there are significant mental health issues in this case and that the death penalty was just not appropriate under these circumstances," Richards said.
He declined to say whether his client still wishes to plead guilty _ as he tried to at a hearing this summer. The judge postponed the hearing on the plea, and Haq eventually pleaded not guilty.
Prosecutors said Haq waited in the vestibule of the downtown Seattle building until 14-year-old Kelsie Burkum arrived to visit her aunt, Cheryl Stumbo. Prosecutors allege he put a gun into the girl's back and told her, "Open the door." He followed her up the stairs to the second floor, keeping the gun in her back, and started shooting when a woman tried to call 911, prosecutors said.
The shooting ended when Dayna Klein, then 17 weeks pregnant, persuaded the gunman to speak with an emergency operator after he shot her in the arm. He agreed to surrender, put his two guns down and walked out, hands on his head.
Klein gave birth to a healthy boy last month.
Waechter's grown children, Nicole and Mark, said in a statement that they would not dwell on Maleng's decision or on the defendant.
"We choose instead to spend our energies trying to mend our lives in a way that honors our mother and all she meant to us," they said.
Haq's parents, Mian and Nahida Haq, issued a statement expressing thanks for Maleng's decision. Mian Haq helped establish a local Islamic Center.
"While we are relieved that our son, Naveed Haq, has been spared from the ultimate penalty, the death sentence, we mourn over the death of Pamela Waechter and we share our grief and sorrow with the wounded victims of a very tragic shooting," they said.
SEATTLE -- Prosecutors said Wednesday they would not seek the death penalty against the man accused of shooting six people, one fatally, at a Jewish charity because of the suspect's long history of mental illness.
King County Prosecutor Norm Maleng said he based his decision on Naveed Haq's mental health records from the past decade, though he called the shooting "one of the most serious crimes that has ever occurred in this city."
Haq is charged with murder in the death of Pamela Waechter, 58, director of the Jewish Federation of Greater Seattle's annual fundraising campaign, and with five counts of attempted murder in the attack at the federation's downtown offices on July 28.
If convicted, Haq would face life in prison without parole. He also faces charges of kidnapping and malicious harassment, the state's hate-crime law.
Haq, 31, a U.S.-born Muslim, is accused of opening fire with two semiautomatic pistols at the Jewish center. He told authorities he was angered by the war in Iraq and U.S. military cooperation with Israel.
According to a statement of probable cause, Haq told a 911 dispatcher: "These are Jews and I'm tired of getting pushed around and our people getting pushed around by the situation in the Middle East."
Haq had been treated for bipolar disorder, deputy prosecutor Don Raz said. A family friend has said Haq had been getting psychiatric help for 10 years and hadn't been able to hold a job.
"We're certainly glad the prosecutor recognized there are significant mental health issues in this case and that the death penalty was just not appropriate under these circumstances," Richards said.
He declined to say whether his client still wishes to plead guilty _ as he tried to at a hearing this summer. The judge postponed the hearing on the plea, and Haq eventually pleaded not guilty.
Prosecutors said Haq waited in the vestibule of the downtown Seattle building until 14-year-old Kelsie Burkum arrived to visit her aunt, Cheryl Stumbo. Prosecutors allege he put a gun into the girl's back and told her, "Open the door." He followed her up the stairs to the second floor, keeping the gun in her back, and started shooting when a woman tried to call 911, prosecutors said.
The shooting ended when Dayna Klein, then 17 weeks pregnant, persuaded the gunman to speak with an emergency operator after he shot her in the arm. He agreed to surrender, put his two guns down and walked out, hands on his head.
Klein gave birth to a healthy boy last month.
Waechter's grown children, Nicole and Mark, said in a statement that they would not dwell on Maleng's decision or on the defendant.
"We choose instead to spend our energies trying to mend our lives in a way that honors our mother and all she meant to us," they said.
Haq's parents, Mian and Nahida Haq, issued a statement expressing thanks for Maleng's decision. Mian Haq helped establish a local Islamic Center.
"While we are relieved that our son, Naveed Haq, has been spared from the ultimate penalty, the death sentence, we mourn over the death of Pamela Waechter and we share our grief and sorrow with the wounded victims of a very tragic shooting," they said.
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