State probe clears DA Flaherty
Published 2:23 pm Monday, April 28, 2014
An investigation by the Oregon State Police and Washington County District Attorney’s Office has cleared Deschutes County District Attorney Patrick Flaherty of criminal wrongdoing in a grand jury investigation last year.
Flaherty said he was vindicated by the investigation. He also said the OSP probe, which was requested by the Oregon attorney general, raised more questions about how Deschutes County handled the public records request at the heart of the grand jury inquiry.
“This investigation was triggered by false allegations and encouraged by those who are driven by politics or their own agendas, rather than the principles that guide the DA’s Office: truth and justice,” Flaherty saidWednesday. “When county public servants are not properly supervised and allowed to abuse their position, the public should hold the county responsible. I leave it to county administration to address the issues identified by the investigation.”
Flaherty initiated a grand jury investigation into Deschutes County’s release of deputy district attorneys’ job applications to The Bulletin in February 2011, in response to a public records request. Flaherty believed that Mark Pilliod, the county’s top civil attorney, knowingly released more information than required under state law in an attempt to harm Flaherty or other prosecutors in Flaherty’s office.
Flaherty ended the grand jury investigation on March 25, 2011, in exchange for Pilliod issuing a mea culpa and paying the county $100 toward the cost for county staff to comply with subpoenas.
On Wednesday, interim County Administrator Erik Kropp declined to comment because he had not read the Washington County district attorney’s letter.
Commissioner Alan Unger defended the county’s handling of the public records request.
“It seems like there is a difference in interpretation of the requirements of public disclosure,” Unger said. “We see it differently in administration than the DA’s Office does.”
County Commissioner Tony DeBone declined to comment, and Commissioner Tammy Baney did not return a call for comment.
The Oregon State Bar is still investigating Flaherty’s actions with the grand jury, and Flaherty faces two lawsuits, one filed by Pilliod and the other filed by several prosecutors whom Flaherty fired upon taking office in January 2011. An investigator whom Flaherty laid off last fall and a DA’s trial assistant have also filed civil rights complaints with the Oregon Bureau of Labor and Industries.
In a March 4 letter to Attorney General John Kroger, Washington County Chief Deputy District Attorney F. Robert Bletko wrote that Flaherty’s actions were reasonable.
“Under all the circumstances Mr. Flaherty could conclude good reason existed to believe that Mr. Pilliod had committed the crime of Official Misconduct in the First Degree and as such he had the legal authority to issue subpoenas and present the matter to the grand jury for their consideration,” Bletko wrote.
Some of the information in the job applications was exempt from disclosure, so the county was not required to release it, Bletko wrote. The applications contained prosecutors’ addresses and telephone numbers, which are exempt from disclosure under state law.
Flaherty announced in late November that the Oregon State Police were investigating his office for its handling of the grand jury and for the termination of investigator Sharon Sweet last fall. Bletko did not specify the other allegations the OSP investigated. However, he wrote that they were unfounded.
“Any other allegations of criminal conduct against Mr. Flaherty were based on unsubstantiated rumors or otherwise determined to be frivolous by the Oregon State Police during their investigation,” Bletko wrote.