All charges dropped in WA lawmaker sex case

A former state lawmaker's reluctance to testify led the Spokane County prosecutor's office to drop all charges Monday against a man who had been accused of trying to extort money from the legislator after a night of gay sex.

Cody Castagna, 27, no longer faces charges of extortion, theft and conspiracy to commit extortion against former state Rep. Richard Curtis, R-La Center.

Curtis, whose political career was destroyed by the scandal, wrote to prosecutors Monday asking that the case be dropped.

"My wife, daughters and son-in-law have paid a very high price for my actions and also the actions of the defendants," Curtis wrote to prosecutors. "My family and I have found ourselves closer as a result and are settled into a new chapter in our lives and are moving past this incident."

Testifying at a trial "would be more detrimental than good," Curtis wrote. "I am sure you can understand that this has been a very traumatic event for all of us."

Deputy Prosecutor Rachel Sterett said her office could not pursue the case without Curtis' participation.

Prosecutors do not even know where Curtis is living, and communicated with him through a third party, she said. His last known telephone number is disconnected and he is believed to have left the state.

The incident came to light last October after Curtis called police to report Castagna had stolen his wallet after having sex and was demanding $1,000 to stay quiet. Castagna contended he took the wallet because Curtis refused to pay a promised $1,000 for unprotected sex.

Curtis resigned from his Vancouver-area state House seat a few days later.

Castagna, an amateur porn model, pleaded innocent in January.

His attorney, David Partovi, said Monday that he had been demanding the chance to interview Curtis.

"I got a call from the prosecutor's office that the interview with Curtis was not going to happen because he was not participating," Partovi said. "Cody's very happy."

Three people charged with being Castagna's accomplices will also have charges dismissed, prosecutors said.

Curtis, who voted against gay rights bills in the Legislature, did not face any charges.

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

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

Court documents alleged 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.

Curtis put $200 in an envelope and left it in the hotel lobby, according to court papers.

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.

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