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Originally published Tuesday, June 17, 2008 at 12:00 AM

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Ex-legislator's extortion case dropped

A former state lawmaker's reluctance to testify led the Spokane County prosecutor's office to drop all charges Monday against a man who...

The Associated Press

SPOKANE — 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.

Copyright © 2008 The Seattle Times Company

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