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Originally published January 14, 2008 at 12:00 AM | Page modified January 14, 2008 at 7:46 PM

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Spokane man pleads innocent to extorting legislator

A Spokane man has pleaded innocent to charges of trying to extort money from a former state legislator after a night of sex. Cody Castagna, 27, today...

The Associated Press

SPOKANE — A Spokane man has pleaded innocent to charges of trying to extort money from a former state legislator after a night of sex.

Cody Castagna, 27, today pleaded innocent to three counts of theft, two counts of extortion and one court of conspiracy to commit extortion.

Spokane County Superior Court Judge Jerome Leveque set a trial date of April 7.

Prosecutors contend in court documents that Castagna and three other men attempted to blackmail former Rep. Richard Curtis in October.

Curtis, a Republican from the southwest Washington town of LaCenter, said in police reports that he and Castagna had sex in a hotel room and that Castagna later took his wallet and threatened to expose him publicly if he did not pay $1,000.

Castagna has contended Curtis reneged on a promise to pay $1,000 for sex.

"I can't believe I'm facing six felonies and he's not facing anything," Castagna said after the hearing.

Castagna's attorney, David Partovi, called the charges "laughable" in court.

"I want former Representative Curtis to know that there are serious consequences for his false allegations," Partovi said after court. "We look forward to seeing him in cross examination."

Curtis, a married father who voted against gay-rights bills in the Legislature, resigned his office a few days after the incident became public. He is cooperating with investigators and will not be charged, prosecutors have said.

Castagna has been ordered to stay away from the three co-defendants in the case, including his brother Joseph Castagna. Partovi tried to have that order removed or modified, but the judge left it in place.

Curtis, 48, resigned from the state House after the scandal became public. He was not in court Monday.

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According to court documents, Curtis met Castagna at the Hollywood Erotic Boutique in Spokane Valley, where Curtis also engaged in oral sex with another man. Curtis and Castagna later met in the Davenport Tower Hotel, where Curtis was staying for a House Republican retreat to discuss the legislative session.

Curtis gave Castagna $100 before they engaged in sex acts, according to police reports.

Documents allege that Castagna later left the room with Curtis' wallet, credit cards and Washington State Legislature ID. He called Curtis, demanding the $1,000 that Castagna claimed he was owed for having unprotected sex.

Curtis put $200 in an envelope and left it in the hotel lobby, documents allege.

Later, Castagna called Curtis again and demanded an additional $800, according to police reports. But Spokane police detectives had already been alerted and broke up the transaction.

Also charged are Robert H. Fletcher, 20, Joseph L. Castagna, 25, and Brandon Burchell, 24. All are charged with second-degree extortion and conspiracy to commit second-degree extortion. All four defendants are free on $7,500 bond each.

Fletcher is accused of picking up extortion money from Curtis at the Davenport Tower in exchange for a share of the cash. Joseph Castagna and Burchell are alleged to have conspired with Cody Castagna to pick up more money at a second drop-off.

Partovi does not dispute that money exchanged hands between Curtis and Cody Castagna. But he said previously it was payment for prostitution, not extortion.

Copyright © 2008 The Seattle Times Company

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