Indictment says Kennewick attorneys pocketed defendants' cash

A Kennewick city prosecutor and a defense attorney have been indicted for allegedly running a shakedown scheme in which they pocketed more than $100,000 from defendants looking to avoid jail time by giving to charity.

The scandal, investigated by the FBI, has prompted prosecutors statewide to reconsider policies in which donations to charities or law-enforcement funds resulted in defendants receiving lenient sentences, or none at all. Kennewick shut down its program earlier this year, and the state Association of Prosecuting Attorneys has called for such programs to be banned altogether.

The federal indictment, filed on Wednesday in Yakima, accuses Tyler Morris, a deputy city prosecutor, of accepting bribes in exchange for reducing or dismissing misdemeanor charges. The money was intended to go into a city social-services fund but instead was allegedly pocketed by Morris and defense attorney Jeff Finney, according to the indictment.

State Sen. Adam Kline, chair of the Senate Judiciary committee, said he plans to introduce a bill in January that would allow donations in some cases, but only if defendants who could not afford to pay also were allowed the opportunity to work off the penalty.

"When someone who has the ability to pay gets a better deal than someone who doesn't — that goes right to my concept of justice. It just isn't fair," said Kline, D-Seattle.

The case against Finney and Morris started a year ago when a tipster reported seeing an envelope of cash being exchanged between the two lawyers. To avoid a conflict of interest, local authorities called in the FBI to investigate.

Morris then resigned from the prosecutor's office and Finney's public-defense contract was yanked earlier this year after the Tri-City Herald newspaper reported donations intended for a city youth-services fund had gone missing. Finney's clients reported having charges — including drunk driving and drug possession — dropped or reduced after they brought him up to $2,000 in cash.

In a letter to Benton County Commissioners last spring, Finney denied keeping the money and said he had simply turned the cash over to Morris.

A grand jury in Yakima on Tuesday indicted Morris of theft and soliciting a bribe, Finney of bribery, and indicted both men of conspiracy. If convicted, they face up to 10 years in prison and a $250,000 fine.

Morris could not be reached on Wednesday, and his lawyer did not return a phone call. Finney, reached at his law office in Kennewick, referred calls to his lawyer, who did not return a phone call.

Bob Hammond, Kennewick city manager, called the donations program "an altruistic attempt" to give people accused of low-level crimes or first-time offenders a break. But it was never intended to be used for more serious crimes like drunken driving. Morris also exploited the city's trust by failing to account for the money, Hammond said.

"It looks like we had a corrupt employee who took advantage of weaknesses in our systems," he said.

After the Kennewick program was uncovered, a similar program in Whatcom County also was found.

John Strait, a legal ethics professor at Seattle University, said he's heard from prosecutors around the state debating the ethics of donations in criminal cases.

"It's my guess that it's more widespread in practice than you or I know of," said Strait, a former prosecutor.

The state prosecutors association wants to see a ban on all payments except for those required by the Legislature, said Pam Loginsky, staff counsel for the group. "This would allow courts to engage in more oversights: Was the money really paid, and did it go to where it was supposed to," she said.

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com