Monday, January 29, 2007

Grand jury indicts lawyers on theft, bribery charges

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.

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