Washington Courts

It is time to replace Spokane County Prosecuting Attorney Steve Tucker and his Chief Civil Deputy, James Emacio. Mr. Tucker is in charge of the entire office of prosecuting attorney but he defers completely to Mr. Emacio regarding the civil side of the office. We now know there are grave problems in the Office of the Spokane County Prosecuting Attorney. Here is a listing of a few of these problems:

Morning Star Boys Ranch – Fraudulent Claims? Mr. Tucker has been asked to seek a special inquiry judge to look into whether there is not a conspiracy to defraud Morning Star Boys Ranch with false sex abuse claims. See this letter to Mr. Tucker.

River Park Square. River Park Square has been a critical point in the history of the city and county of Spokane. Mr. Tucker was asked to take action, to call for a special inquiry judge, to cause a grand jury to be empaneled, to explore whether the state RICO act had been violated, was implicated. He failed to take action. He failed to even really consider taking action. See this Brief Summary of River Park Square dated May 14, 2007.

The Yates Case – for years we had a serial killer of young women in our midst. Mr. Tucker avoided the serious issue of the death penalty in the matter, passing it on to others.

The Death of Jo Ellen Savage. Without a doubt there were strong indications that a crime had been committed regarding the tragic death of Jo Ellen Savage at the River Park Square Parking Garage. The facts were clear that the spandrels did not act as safety barriers, that they were defective, that they had failed in the past, that the owners knew of the failures, that the owners had been advised by engineers that the spandrels were a danger, and it was apparent that the spandrel which failed was improperly designed or manufactured. Mr. Tucker was asked to take action. He did not. Now he is being asked again. He will not act. See materials under the heading Jo Ellen Savage Death at River Park Square at this link.

Prosecution of Eileen Jensen, Yet No Prosecution of RPS Garage Owners. See this letter regarding the disconnect of prosecutorial morality. Letter to S. Tucker of February 9, 2009.

Mortgage Skimming and Fraud. Over the past several years there has been a good deal of mortgage fraud taking place in Spokane County. Mr. Tucker has turned a blind eye to the problem and has relied on the United States Attorney to take action.

Conservation Futures Taxes and the Downtown YMCA. The law of the state of Washington does not allow precious conservation futures tax revenues to be used for the purchase of developed property which is to be torn down. Yet, Mr. Tucker and Mr. Emacio think it does. When they should be enforcing the law and protecting tax resources and ensuring they are used for proper purposes, they wish to bend the law and help who?– a politically correct faction in Spokane which thinks tax revenue can be spent for any “Government Party” purpose? Just how much political correctness, political faddishness, can our community sustain? See the materials at this link. Mr. Emacio is at the heart of this Machiavellian power grab.

The Spokane Airways Case – a great deal of trouble is brewing regarding the Spokane Airport Board, a joint venture of the County of Spokane and the City of Spokane. Spokane Airways has filed a claim with the County for the ill treatment it has received and which it is enduring. At the center of the complaint is a host of attorney conflicts of interest which have cost the city and the county hundreds of thousands of dollars – Mr. Emacio is in the center of this dust-up. See the Claim Filed by Spokane Airways dated January 11, 2010.

The Orville Moe Raceway – this property never should have been purchased. It is an environmental hazard, the business the county seeks to be in with regard to it is simply not the sort of business a public entity should be involved in, it is a vanity project on the part of county commissioners drunk with the power to spend public money, and it is a project Mr. Tucker and Mr. Emacio have no business providing legal services for – it is way out of their league. Way out of their realm of expertise. You may ask, why is the county on the hook for debts the previous operator ran up? That’s bad legal work folks.

Land acquisitions in the West Plains Area. What is this all about? As best one can tell, the land acquisition and new railroad is a highly expensive open space which will be kept out of the hands of private capital. But, I forgot, it looks as though the railroad line is being used as a storage yard for various railroad cars which are not in use – many are tankers (one wonders whether they are filled with something?). Senseless, all unless of course one thinks that the legal leadership of the county should be actively involved in helping the county take more land out of the hands of private property owners. The public as entrepreneur? Heaven help us all!

Generally, attorney Tim Kosnoff appears respectful of the judge, jurors and opposing counsel. He even appears respectful of witnesses, or at least some of them. But, beneath the surface, one must wonder whether Mr. Kosnoff might have a mean streak – a character of disdain and arrogance for witnesses and others whom he dislikes, who contradict his purposes. One must also wonder whether — when he shows this aspect of his personality, his lawyer way of being — he might be trying to manipulate the jury or some of the jurors, into thinking ill of the witness he is addressing.

His cross-examination of Father Weitensteiner Thursday morning (Feb. 4, 2010) seemed to me to be an obvious effort to show to the jury Mr. Kosnoff thought Father Weitensteiner was a bad man, that the whole of Morning Star Boys Ranch was bad.

Here is what he did: Toward the end of his cross-examination he asked Father Weitensteiner what the name of Morning Star Boys Ranch was when it was started. Father Weitensteiner said, “Spokane Boys Ranch.”

Mr. Kosnoff found his hook. He said something to the effect that there was something wrong if the name of the corporation was Spokane Boys Ranch and they used the name of Morning Star Boys Ranch.

When did you start that he said? Father Weitensteiner said “right from the beginning the ranch was also known as Morning Star Boys Ranch.” He said “we used Morning Star from day one.”

Mr. Kosnoff went on. He asked something about where the term Morning Star can be found in the bible.  I knew he was up to something.

Father Joe was caught off guard for a moment. Kosnoff had his hook.

It comes from the book of Isaiah doesn’t it? He pointed out, staring at Father Weitensteiner and looking over toward the jurors.

Father Weitensteiner immediately responded that he knows the term from the Book of Revelations.

Kosnoff stopped at that point.

But, his effort to demean, to diminish, to disdain Father Weitensteiner, and the whole of Morning Star Boys Ranch, might have been understood by some. At least, perhaps he hoped people who heard of his reference to the Book of Isaiah would cause them to read the Book of Isaiah.  Or, maybe remember how the term Morning Star was used in the book.

Kosnoff had done some biblical research and he thought he would be able to use it, to manipulate the minds of jurors a bit.

The term “Morning Star” is pretty much found in two places in the Bible. In the Book of Isaiah where it  means evil, the devil, Lucifer – bad stuff.

And, it is used in the Book of Revelations where it means Jesus Christ. Revelation 22:16. Where it means hope, new birth, re-creation.

At Father Joe’s response, Mr. Kosnoff said “no further questions.”

Inside, I think he was snickering. Or, maybe he figured out Father Weitensteiner is a good man and that he knew the bible truth better than he, and obviously more innocently.

In trying to use this cynical little trick,  Mr. Kosnoff appeared to be on the sleazy side of things.