Wednesday, December 7, 2011

Tucker's Woes

The woman who took down Jim West has set her sights on the county prosecutor.

Chris Stein
Shannon Sullivan files a recall petition against Spokane County Prosecutor Steve Tucker [Photo: Chris Stein]
Shannon Sullivan files a recall petition against Spokane County Prosecutor Steve Tucker [Photo: Chris Stein]
Shannon Sullivan files a recall petition against Spokane County Prosecutor Steve Tucker [Photo: Chris Stein]

Just like the last time she tried to recall someone, Shannon Sullivan began her attempt to recall Spokane County Prosecutor Steve Tucker with a visit to the elections office.

After handing over a packet listing four allegations of malfeasance against Tucker, Sullivan, the woman behind the successful 2006 recall of Spokane Mayor Jim West, turned to a battery of cameras and reporters and explained herself.

“I’m a little older, I have a little more wrinkles, but I have to do something,” Sullivan says.

Her petition lays out her beef with Tucker, including the accusation that he aided a cover-up of the 2006 death of Otto Zehm after a confrontation with Spokane police, and that he made a vow not to prosecute any public employees. (Tucker, meanwhile, was out of the country on vacation last week and unavailable for an interview as of press time.)

“No one is above the law,” Sullivan says.

But while several of Tucker’s associates and former political opponents faulted his tendency to be aloof from the public, there was doubt over whether Sullivan’s allegations would hold water.

According to state law, the petition has to be reviewed by the state Attorney General and a Superior Court judge before it can be put out to the public for signatures. David Stevens, an attorney with the U.S. Department of Justice who lost to Tucker in the general election last year, doubts it will make it past the judge.

“I don’t think as currently drafted that the petition is going to go anywhere,” Stevens says. “I understand why people want him gone. Just not liking what the guy’s doing… that’s not malfeasance.”

Chris Bugbee also ran against Tucker in 2010, but didn’t make it past the primary. He, too, had his doubts about the petition’s validity, specifically its allegation that Tucker vowed not to prosecute public employees.

“There’s a real fallacy in that. I’m aware of at least seven that he’s prosecuted in the last five years, three of whom have been my clients,” Bugbee says, pointing to the prosecutions of Spokane Police Officers Rob Boothe, Jay Olson and Jay Mehring, among others.

Tucker has been repeatedly criticized for being inaccessible to the public and opaque when it came to explaining his actions.

As evidence of Tucker’s malfeasance, Sullivan pointed to an incident last month in which Tucker refused a judge’s request to appear in court and explain a plea agreement that he had brokered. The deal reduced seven felony charges to two misdemeanors against a man accused of shooting at a house during a dispute. The judge in the case refused the deal, in part because of Tucker’s absence.

“On the face of it, that case seemed to require some sort of explanation,” Bugbee says. “The public needs to be educated, and it was the prosecutor’s job to explain the criminal justice process. … [That’s] never really happened on Steve’s term.”

Spokane County Sheriff Ozzie Knezovich says he applauds Tucker on his resolve to stand up for victim’s rights and fight domestic violence. But asked if Tucker has been successful in communicating with the public, Knezovich says, “He hasn’t.”

“If there are concerns, you have to step out and talk to the people who elected you,” Knezovich says. “I just don’t see Steve very active out addressing some of the issues. I think when you don’t do that, you end up with people thinking you’re disengaged.”

But maybe that’s what voters want, says Bugbee.

“I didn’t win on that platform” of transparency, Bugbee says. “So there’s apparently plenty of people in the public who don’t think it’s necessary.”

Stevens, who worked in Tucker’s office before being fired when he decided to run against Tucker in 2010, maintained that his former boss shouldn’t be in office any longer. But he held no illusions about the petition’s success.

“They got a tough row to hoe,” Stevens says. 

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Tucker needs to go! See my blog for more information. This is a political action and not a legal action. As long as the charges are appropriate for this office, it will be the voters who will decide whether the charges are true or not.

Here´s some excerpts - http://tinyurl.com/7lccajv

. . .Of course I disagree for the reasons I’ve outlined below re the Zehm case and Tucker’s inability to ferret out that an ongoing overt cover-up was in the works in the Zehm case. He sanctioned the rat holing of the video for a number of months until the CFJ/S-R pried it loose and Asst. Nicks had to admit he misled the press and didn’t correct this mistake. Tucker and his office either knew or should have known that this cover-up was in the works. Instead they went with the flow. In my opinion if not malfeasance in office was misfeasance and or a violation of his oath of office. The case against Tucker is additive/cumulative over his three terms in office . . .

. . . From the Zehm case it is clear in some of these deaths police leaders will attempt to conceal mistakes in order to limit potential liability. In the Zehm case there was an active cover-up by high ranking police officials, the City Attorney’s Office and the Office of the Mayor. This is UNACCEPTABLE as the necessary changes will not occur and the liability to the taxpayers will only grow. . .

. . . A otherwise popular mayor was not returned to office because of her disingenuous statements and failure to act decisively in the Zehm case. What remains to be done is to hold others in the criminal justice system that failed to act as well. In the case of Tucker he may be beyond the scope of the current federal criminal investigation. . .

. . . IMO Steve Tucker abdicated his office and violated his sworn oath to the people. More so than anyone else it is the County Prosecutor’s duty and responsibility to ensure these OIS/OID investigations are thorough and a real search for the truth. Tucker more than anyone else could have raised the professional bar in these investigations. Instead of accepting at face value these investigations from the police by sending these investigations back for further work and and forcing the HARD QUESTIONS to be asked. Not that this would have resulted in criminal charges be filed but it would have helped uncover mistakes when they were made so they could be addressed and dealt with openly instead of sweeping them under the rug. Instead Tucker deferred to those police leaders that swept these incidents under the rug. . .

Det. Ron Wright (Retired - Riverside PD, CA)
Principal, Ron Wright Investigations LLC ( License in WA and CA)

Dec 07, 2011 | Reply to this comment

 

In this article Mr. Bugbee´s observation that Tucker has attempted to prosecute police officers there´s more to this story. Tucker´s office was back into these cases and in the Olsen case it can be argued that they threw this case by not recalling certain key rebuttal witnesses and not excusing certain jury members.

Brian Breen a former SPD Major Crimes detective who now testifies as a police expert in both state and federal cases made this comment in the S-R article thread on this recall:

http://www.spokesman.com/stories/2011/dec/01/recall-effort-will-target-tucker/?comments#c379743

brianrbreen on December 02 at 6:15 a.m.

@HippoCritzGalore

Since you opened the door, you forgot Officer Rob Boothe. The only problem with mentioning those cases is zero for five isn’t a very good record against cops, and in some of those one could sure make a case for lousy prosecutorial discretion. As a matter of fact apparently Lindsey who tried Mehring didn’t even want “to file this stupid case”. I don’t think opening the door on Olsen is a very good idea either. As far as Harvey is concerned he can thank his lucky stars the case was brought, had it not been, and Kirkpatrick knew what she was doing, he wouldn’t be on his way to being wealthy.

I agree, I’ve got too much time on my hands, and even though this isn’t my deal I thought in the interest of fairness someone should bring it up. Dec 07, 2011 | Reply to this comment

 

 
 
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