Thursday, June 15, 2017
ON INLANDER.COM
NEWS: In Washington's smallest counties, elected coroners can also be the prosecuting attorney. That means people trained as lawyers must learn how to conduct death investigations on the fly. (ICYMI: Spokane County's two medical examiners are under state investigation. Grieving families say they're ignoring evidence of murder.)
MUSIC: "The band that didn't exist" but still got an invite to play one of Europe's biggest festivals, Ex Eye, is coming to Spokane.
IN OTHER NEWS
Obstructionist-in-Chief?
Robert Mueller, the special counsel appointed to uncover any links between Russia and the U.S. election, is reportedly widening the scope of his investigation into whether President Trump obstructed justice. The investigation's three prongs, explained. (Washington Post)
GOP congressman in critical condition
Rep. Steve Scalise, shot yesterday during a congressional Republican baseball practice, remains in critical condition after undergoing surgery. Three other people were also shot by a man named James Hodgkinson, who died in a shootout with police. (CNN)
Personal data stolen in April
Social Security numbers, personal health information and other sensitive data for approximately one million people was stolen from a WSU storage facility unit in April. The data was collected by Washington State University researchers and was being kept in a locked storage unit in Olympia. (Spokesman-Review)
'Everyone has to die of something'
The head of the state's health department, Nick Lyon, along with other Michigan health officials, is facing criminal charges in the water crisis that led to the deaths and illness of people in Flint. Lyon is charged with involuntary manslaughter for "willfully disregard[ing] the deadly nature of the Legionnaires' disease outbreak," court documents say. He reportedly told investigators that "he can't save everyone," and "everyone has to die of something." (Detroit Free Press)
Louisville basketball punished for hiring prostitutes
Head coach Rick Pitino received a five-game suspension, and the entire team was slapped with four years of probation for arranging strip-tease dances and hiring prostitutes for recruits. The Cardinals may also have to forfeit their 2013 national title, as the team will vacate all wins in which ineligible players were used from 2010 to 2014. (Fox Sports)
Tags: News , Washington , coroners , medical examiners , Ex Eye , Robert Mueller , special counsel , President Trump , Russia investigation , Congressman Steve Scalise , shot , Social Security information , WSU , Flint , water crisis , Louisville basketball , probation , Image
Wednesday, June 14, 2017
Empire Health Foundation is suing the for-profit company that bought Deaconess and Valley hospitals along with the Rockwood Clinic in 2008, claiming the company has shorted the community on charity care by at least $55 million.
The suit, filed in U.S. District Court in Spokane Monday, claims that Tennessee-based Community Health Systems has not been complying with state law on charity care — care provided free of cost to very low-income people — or with an agreement signed when CHS bought Empire Health Services (now called Rockwood Health System).
CHS on the other hand, argues that the complaint misconstrues the contract and state law.
When the sale was closed and Empire Health Foundation was formed, the foundation filled the shoes of the seller, and is now able to enforce the agreement, explains Ele Hamburger, an attorney representing Empire Health.
When the state Department of Health gave CHS permission to do business as a hospital through what's called a certificate of need, part of that was contingent on CHS making reasonable efforts to meet or exceed regional levels of charity care, Hamburger says.
But the foundation claims that according to publicly reported data, the two hospitals provide less charity care than other Eastern Washington hospitals on average.
From 2009 to 2015, the costs used to calculate charity care went up 14.7 percent each year at Valley Hospital, and 9.4 percent at Deaconess, compared to an average 6.1 percent per year at other Eastern Washington hospitals. Taking that into account, the difference in charity care could actually be as high as $110 million, the complaint alleges.
Tags: empire health foundation , community health systems , deaconess , valley hospital , health care , lawsuit , court , challenge , News , Image
ON INLANDER.COM
NEWS: U.S. attorneys fire back at claims that they withheld crucial evidence in a Spokane Valley marijuana grow op case; the stakes are high, as one man could go to prison for life.
NEWS: A group opposed to a "road diet" on Monroe Street has paid for a new billboard targeting two Spokane city councilmembers up for reelection in November. Just one problem: Neither Breean Beggs nor Candace Mumm ever voted for the lane reduction.
IN OTHER NEWS
Gunman targets GOP lawmakers in Virginia
House Majority Whip Steve Scalise of Louisiana was one of at least five people injured early this morning in Arlington, Virginia, as a gunman opened fire on a group of GOP congressmen and staffers practicing for a baseball game. The gunman, who was shot by Capitol Police and has died in a D.C.-area hospital, was identified as 66-year-old James Hodgkinson of Belleville, Illinois. (Washington Post)
Crunch time in Olympia
Washington Governor Jay Inslee, vowing to "kickstart" stalled negotiations, has ordered the state legislature to come up with a two-year budget plan by the end of the month; if they can't, a government shutdown looms on July 1. (KUOW)
New era for CdA Ironman
This August's Ironman triathlon in Coeur d'Alene will be the last as a full 140.6-mile race, ending a 14-year run. A smaller half-Ironman will continue to be conducted in CdA. (Spokesman-Review)
Mariners draft Zags' Mills
Gonzaga's Wyatt Mills, a right-handed pitcher who played his high school ball at G-Prep, was selected by the Seattle Mariners with the 93rd overall pick in the third round of major league baseball's draft. (Spokesman-Review)
Will the Warriors pass?
The Golden State Warriors, NBA champions for the second time in three years, say that talk of refusing a trip to Donald Trump's White House is premature, although at least one Warrior has made it clear where he stands on the subject. (Los Angeles Times, CBS Sports)
Tags: Morning Briefing , news , U.S. attorneys , Monroe Street , lane reduction , shootings , Steve Scalise , Jay Inslee , legislature , budget , government shutdown , CdA Ironman , Wyatt Mills , Gonzaga baseball , Mariners , Warriors , White House , Trump , Image
Tuesday, June 13, 2017
Accusations that federal prosecutors withheld evidence in the case that could send one man to prison for life for a marijuana grow operation are not true, according to recently filed court documents.
Last month, defense attorneys for Jerad Kynaston of Spokane Valley and four co-defendants suggested that United States attorneys neglected to hand over "freetalk" reports in the 5-year-old case, and that those reports could show that the men were operating within the state's medical marijuana laws.
But in court documents filed last week, Assistant U.S. Attorney Russell Smoot writes that the reports do not contain new information. He fires back at defense attorneys, saying their claims "relied on a vague, speculative proffer invoking discovery and aspersions of 'Brady' violations."
"Indeed, the defendants have not, because they cannot, demonstrate that the United States has failed to meet its Brady obligations," Smoot writes, referring to the U.S. Supreme Court case Brady v. Maryland, which requires the government to turn over all evidence that could point to a person's innocence.
Federal defender Alison Guernsey says she disagrees with the U.S. attorney's recent statements in court documents, but declined to elaborate before the defense team's June 28 deadline to file a response with the court.
The reports in question document "freetalk" interviews in 2012 with at least four defendants. Federal prosecutors say information contained in those reports is duplicative of other reports handed over in 2012. Generally, a "freetalk" is an opportunity for suspects or defendants to give law enforcement information without incriminating themselves, or in exchange for a potentially lighter sentence.
In this case, Assistant. U.S. Attorney Patrick Cashman has described the freetalks in court as conversations between at least four defendants, the police and at least one federal prosecutor.
The defense team has now received the freetalk reports, attorneys confirm, but they've been filed under seal and are not publicly available.
Tags: News , Jerad Kynaston , Alison Guernsey , U.S. Attorney's Office , marijuana , medical marijuana , mandatory minimum , Jeff Sessions , Image
The opportunity for opponents of the city's plan to reduce the number of lanes on the 1.12-mile stretch of North Monroe Street between Kiernan and Indiana avenues appears to have already passed.
"We announced back in April that we are moving ahead with the project. It’s now in design. We’re moving ahead," city spokeswoman Marlene Feist says. "We're not going back to this discussion again."
That doesn't mean that the opponents to the lane reduction are giving up. If anything, they're upping their rhetoric, attempting to attach a political price to supporters of the North Monroe road diet project.
The Monroe Street Business Association has put up a billboard urging voters to "Remember in November!" that Councilmembers Breean Beggs and Candace Mumm "do not support business" and that they "advocate wasteful spending."
"We're just putting councilmembers on notice who don’t believe in businesses that they're going to have a hard time getting re-elected in the fall," says Gary Jarvis, president of the Monroe Street Business Association, a group that formed in opposition to the lane reduction. For more than a year, they've been warning of traffic jams and shuttered businesses if the five lanes on that section of Monroe are reduced to three.
The billboard is just north of the corner of Monroe Street and Northwest Boulevard, above Bellwether Brewing — which is one of the businesses ardently backing the Monroe Street road diet.
But here's the thing: Beggs — whose first name is spelled wrong on the sign — and Mumm didn't technically vote for the Monroe Street lane reduction.
"It’s an administration initiative. The council hasn’t proposed or led or asked to vote on anything," Beggs says. "All I can imagine is whoever paid for [the billboard] is not happy, and we’re the two who are up for election."
Tags: News , North Monroe , Emerson Garfield , Gary Jarvis , Candace Mumm , Breean Beggs , Image
A Spokane judge declared a mistrial Monday in the sexual assault case against a former Spokane police sergeant, who is accused of raping a female officer after a drunken house party.
Judge James Triplet sent the extra-large, 120-person jury pool home on the same day jury selection was set to begin after the former cop's defense attorney scoffed at what he calls a "pro-prosecution" article that ran in the Spokesman-Review over the weekend.
"Did you see the article?" defense attorney Rob Cossey asks. "What bothered me most, is for example, the paper made a big deal about a motion not to reference the alleged victim as a 'slut.'"
Cossey says that motion filed by prosecutors contained boilerplate language for sexual assault cases, and he objects to the insinuation that his trial strategy was to attack the alleged victim's character and sexual history. He asked the judge for a mistrial on those grounds, he says. Cossey emphasized that his argument was not based on juror misconduct, which could include potential jurors talking about the case among each other and/or discussing news coverage.
"It just skewed the whole reality," Cossey says of the daily newspaper's coverage.
A new trial date has been set for August. Asked whether he expects the trial to be moved to another county, Cossey says he'd prefer it stay in Spokane.
"I don't necessarily think so, but we're going to talk more about it because over half of the jurors have been reading about [the case]," he says.
Spokane County Prosecutor Kelly Fitzgerald did not immediately respond to a phone call seeking comment.
Tags: Gordon Ennis , Rob Cossey , sexual assault , Spokane Police Department , News , Image
ON INLANDER.COM
NEWS: A group called Safer Spokane that's pushing to charge a fine for coal and oil cars that travel by train through the city without meeting certain standards turned in 5,200 signatures to Spokane City Hall yesterday, meaning there's a good chance that its ballot initiative, Proposition 6, will be voted on in November.
IN OTHER NEWS
What happens when a 73-win team adds Kevin Durant
One year after giving up a 3-1 series lead and losing the NBA Finals, the Golden State Warriors finished off the Cleveland Cavaliers last night in Game 5 to reclaim the title. Golden State's newest addition, Kevin Durant, was Finals MVP. Sports Illustrated's Lee Jenkins has a great breakdown of how the Warriors' Draymond Green recruited Durant to the team immediately after last year's Finals loss.
Spokane County Superior Court Judge James Triplet declared a mistrial in the rape case against former Spokane police Sgt. Gordon Ennis; his attorney requested the mistrial during the jury selection, apparently because of a Spokesman-Review story he considers biased toward the prosecution, according to the newspaper. Other news outlets, like KXLY, say the mistrial was declared because it was impossible to seat a jury unfamiliar with the case's details.
False promise?
Community Health Systems, owner of Deaconess and Valley hospitals, promised to meet or exceed the average level of hospital charity care spending in Eastern Washington, but has failed to meet that promise, according to a lawsuit filed by the Empire Health Foundation. The lawsuit accused CHS, which is in the process of selling both hospitals, of not providing $110 million worth of charity care promised to low-income patients. (Spokesman-Review)
Quiet down, Coeur d'Alene!
If there's one thing you'll notice in downtown Coeur d'Alene, it's that people really love driving loud vehicles. The CdA Press says a city ordinance will try to quiet those cars, targeting "tricked-out cars, pickup trucks and motorcycles that spew smoke and noise just for the fun of it."
Not so special
After President Trump said he was considering dismissing special counsel Robert Mueller, the former FBI director appointed to oversee the investigation of the Trump campaign's connection to Russia, Deputy Attorney General Rod Rosenstein says there is no basis to fire Mueller, and that he's the only person who could do so. (Associated Press)
Tags: morning briefing , News , Safer Spokane , oil trains , coal trains , Golden State Warriors , NBA finals , Kevin Durant , Sgt. Gordon Ennis , Spokane police , Community Health Systems , Empire Health Foundation , lawsuit , Coeur d'Alene , President Trump , Robert Mueller , Image
Monday, June 12, 2017
Dozens of oil and coal trains roll through Spokane every week, something that Safer Spokane organizers worry puts the city at undue risk.
That's why the group is promoting a citizens initiative, which they're calling Proposition 6, that would essentially levy a $261 fine (per car) on the owners of uncovered rail cars full of coal, and tank cars carrying unconditioned crude oil.
Organizers turned in 5,200 signatures at Spokane City Hall on Monday afternoon, more than the needed 2,585 signatures, which means city voters will likely be asked to decide on the measure in November.
It's still got a ways to go, though.
First, the County Auditor's office will verify that at least the minimum number of signatures match registered city voters and aren't duplicated, and then send that back to the city clerk.
Then, the City Council has to agree to put the measure on the November ballot by Aug. 1, according to the Auditor's office.
Along the way, it's likely to face heavy criticism, as it has already.
C
ritics of the measure, including railroad companies, say that local governments don't have jurisdiction over rail transportation, but Safer Spokane organizers argue that Congress allows local jurisdictions to put rules in place when it comes to local safety risks."The railcar owners could avoid liability by simply covering the coal cars and pre-conditioning the oil to remove the highly flammable liquid gas like they do in Texas," Safer Spokane states under the "Frequently Asked Questions" section of its website. "The law would not ban oil or coal trains, but would require modest safety measures to substantially reduce the chances of a fiery derailment in downtown Spokane."
Tags: Spokane , oil trains , oil , coal , coal trains , safety , regulation , transportation , BNSF , Union Pacific , News , Image
ON INLANDER.COM
NEWS: A Spokane public defender who helps defend poor and disadvantaged clients is recognized for his work, which among other things includes hosting a free legal clinic and being a leader in Spokane's Community Court.
NEWS: To cover it, or not to cover it? That's the question the Spokane Park Board has put off voting on until next month, while they get more information about what it would take to cover the U.S. Pavilion in Riverfront Park.
WHAT'S UP? Looking for something to do this week? We've got you covered, from baseball to music, food to film.
IN OTHER NEWS
First time for everything
Maryland and D.C. attorneys general filed a lawsuit against President Trump today, alleging that because he hasn't cut ties with his businesses, he's violating the emoluments clauses of the U.S. Constitution, which the New York Times reports is a first: "The complaint enters uncharted legal territory: No state has previously accused a president of violating the emoluments clauses."
Operation 'restoration'
Crews have finished replanting saplings where more than a mile of trees were illegally bulldozed in April, the Spokesman-Review reports. It remains to be seen if the young trees will weather the hot summer, concerned parties pointed out.
Open Sessions
Attorney General Jeff Sessions will testify before Congress on Tuesday; he'll likely be asked about what ousted FBI Director James Comey meant last week when he said the FBI had information "that would have made it 'problematic' for Sessions to be involved in the probe" into Russia and the 2016 election (before he recused himself), reports the Washington Post.
Tags: Trump , emoluments , Comey , Sessions , restoration , bluff , pavilion , public defender , Spokane , justice , events , food , News , Image
Friday, June 9, 2017
When Spokane public defender Francis Adewale first arrived in the United States — and eventually in Spokane — from his home country of Nigeria, his image of America was rocked.
"I never believed that people in America would be living under bridges," Adewale says. "The image of America is prosperity. So when I came here and saw that my clients were on the streets, I really put my heart into this."
Adewale is one of the leaders of the city of Spokane's innovative Community Court, which handles quality-of-life crimes and pushes people toward services and away from jail.
Adewale also runs a free legal clinic in Spokane Valley, and tonight he's being honored for his work with the President's Award from the Washington Association of Criminal Defense Lawyers.
The award is given for "achievement in a particular case or series of related cases, or long-time service to the criminal defense bar," according to a news release from the association.
"Francis' professional and personal life has been dedicated to community outreach to the poorest and most disadvantaged people in our communities," says Kathy Knox, who runs the city's public defender office. "And he is well-deserving of this award."
In a phone conversation ahead of the ceremony in Chelan, Washington, Adewale tells the story of his move to the U.S. Almost on a whim, a friend entered him in the application lottery for a green card. He moved here without knowing a soul.
After living in Washington, D.C., for a couple of years, Adewale took a job with the city's public defender office in Spokane. He won his first six trials, he jokes, in spite of his heavy African accent.
"Jurors were willing to give me a chance," he says. "I had DUI cases, domestic violence cases, and my accent then wasn't as good as it is now. But jurors were willing to take time and listen to me, and give me a chance to make an argument for my client."
That patience, he says, was heartening, and since 2013, he has worked closely in a team made of prosecutors, defense attorneys and judges to shape the Community Court, which has become a model for other cities.
Recently, the city announced the therapeutic court will expand into other neighborhoods. The court currently handles crimes in the downtown core.
In 2013, Adewale received the first City of Spokane Human Rights Award. In addition to Community Court, he's established the American Law and Justice Workshop to help educate immigrants about the U.S. legal system, and has served on multiple committees within the Washington State Bar Association and the Washington Supreme Court. He's also on the Governor's Statewide Reentry Council, which helps former inmates transition back into the community.
"What I'm doing now [in Community Court] is a lot tougher than going to trial," Adewale says. "I'm looking people in the eye and telling them they need to change their lives completely. Some of them have never lived in a home."
Tags: Francis Adewale , Spokane Community Court , Kathy Knox , Washington Association of Criminal Defense Lawyers , News , Image
Moonshine: Artisan Night Market & Moonlit Movie @ Commellini Estate
Wednesdays, 5:30-10 p.m. Continues through Aug. 27
