Police release documents in McIver domestic arrest

A King County District Court judge this morning declined to allow the release of an audio-video recording of Seattle City Councilmember Richard McIver's conversation with a police officer immediately after his Oct. 10 arrest for alleged domestic assault.

Judge Linda Thompson said release of the recordings would violate McIver's privacy rights.

On Tuesday, Thompson approved the release of the full police report and other documents related to the arrest of McIver. The material includes witness statements, a recording of the 911 call from McIver's wife, police follow-up interviews, e-mails between prosecutors, an evidence report and officers' statements made as part of the investigation into the alleged assault.

Thompson said because McIver is a public official, the release of the information is "not harmful to the legal process nor does it compromise the privacy rights of those involved."

The judge, however, declined to release other material, such as McIver's booking photo, his Social Security number, home address and his wife's date of birth.

Defense attorney Todd Maybrown had sought to bar the release of the documents and recordings, saying the release would violate the privacy of McIver and his wife, was inflammatory and could prejudice a jury in McIver's Dec. 10 trial. But the news media, including The Seattle Times, had requested the information under the state's Public Disclosure Act.

Some documents, including an incident report summarizing the events that led to McIver's arrest, have been previously released.

McIver is charged with fourth-degree domestic-violence assault in connection with the Oct. 10 incident that ended with his arrest and an overnight stay in jail before he was released on personal recognizance.

McIver was arrested after he allegedly grabbed his wife, Marlaina Kiner-McIver, by the throat three times.

Police and prosecutors allege McIver gripped his wife's throat with pressure as he shouted what she told police was a profane tirade. Kiner-McIver became frightened and called 911, the documents say, but she hung up when she considered the potential political ramifications for her husband's City Council career.

When the operator called back, Kiner-McIver said they both had been drinking and the fight had not been physical, charging documents say.

When police arrived, they thought McIver, 66, seemed intoxicated, and he indicated he had just come home from a restaurant. He told them he had been drinking and was probably drunk, but he denied the argument with his wife had become physical, charging papers say.

Maybrown has insisted McIver is not guilty.

According to the documents, Kiner-McIver expressed dismay when her husband was arrested and said that she would not call police if a similar situation were to occur. She has said she does not want to aid in her husband's prosecution.

Prosecutors this morning said they are aware of her reluctance but are preparing for trial nevertheless.

"A subpoena has been served, we will be ready for trial and we are expecting the witness to testify," said prosecutor's spokesman Dan Donohoe.

McIver was appointed to the City Council in 1997 to complete the term of John Manning, a former police officer who resigned his council post after pleading guilty to domestic violence. McIver was elected to a four-year term in 1997 and re-elected in 2001 and 2005.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com.