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The Petri Dish
June 16, 2008

 
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Walser's woes make GOP feel good


Posted at 2:30 pm by Jerry Cornfield

In my Sunday column, state Republican Party Chairman Luke Esser said the GOP will be reminding voters often of Democratic candidate Fred Walser’s new conviction.

Walser pleaded guilty June 5 to providing false information to a public official. The charge, a gross misdemeanor, occurred while the Monroe resident was Sultan’s police chief

Esser said:

"This man abused one public office, and that's important information for people to be aware of when they consider if he should be elected to another public office."

Walser must do 240 hours of community service and will be on probation a year.

He also must pay the city $20,000. City officials wanted a lot more. As of Friday they had spent $168,682 on legal fees and investigation costs.

Walser is challenging incumbent Sen. Val Stevens, R-Arlington, in the 39th Legislative District.

Stevens said last week she won’t be bringing up the issue.

“I don’t have any plan to do anything whatsoever related to it,” Stevens told me.

Many others have and will. The Senate Republican Campaign Committee produced an online commercial. You can view it here.

And Chris Nandor, a Republican who lives in the district, wrote a 1-minute song that you can hear right here.
READER COMMENTS
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Re: Hidden documents?
Chad, I don't see what your point was. Yes, they saw the report, and he was convicted for it!

What are you trying to say? Perhaps you think that if everything I say is true -- and don't tell me about "my own facts," I am going by the official report -- that therefore he should have gotten a greater sentence.

If so, that's nonsense. The report laid out four offenses: lying about the ACCESS log, filing a false sexual harassment claim, telling a subordinate to file a false overtime claim, and refusing to follow orders. Only one of those, the lying, warranted a criminal charge, and it was warranted specifically BECAUSE of the CLEAR pattern of intent.

On March 9, he was given a log by Clinko that showed Pepperrell accessed Harvie's name. On March 9, he printed a NEW report that did NOT include this access. Over the next several months, he repeatedly told other investigators that Pepperell did NOT access Harvie's name, and provided this other report that purported to show that, and denied ever receiving the other report from Clinko.

And a year later when he was caught, he tried to bargain his way out of it, and said he knew where the report he "forgot about" that was missing only because of a "clerical error" was all along, and it was flagged and sitting RIGHT IN THE FILE.

Of the other allegations: Walser actually admitted he DID order the false overtime, after first denying it and trying to blame the officer. This is on the record. On the sexual harassment, one officer he said told him about it filed a union grievance, saying he never did any such thing. And the refusal to follow mayoral orders is a completely uncontested allegation; Walser never denied it for a moment, because it was facially true (the order was for him to remove Pepperell's access to ACCESS, and he simply wouldn't).

Yes, I am not entitled to my own facts. I don't need to be to make this case. The facts are clear, and Walser did some very bad things, that should disqualify him from public service in the mind of the overwhelming majority of voters.

Walser pled guilty because he knew any court would convict him, and he figured a guilty plea would get it over with, and hopefully that people like you would make it try to just go away and be ignored. That it was a "clerical error" rather than a clear and intentional coverup is yet another of many lies he's been telling.

And it's not going to work. We won't let the voters remain ignorant of his crime and other wrongdoings. We want a representative we can trust. Even Democrats who disagree with Stevens on some issues know that she will at least do what she says and say what she does, without deceit, without coverups, without lies.
pudge | Jun 18, 2008 8:53 pm | 0 replies | View all | Post reply | Request removal
Hidden documents?
pudge,


Was this report kept from the prosecuting team? I kinda doubt it. Again, my point is, the responsible agencies saw all of this information, interviewed the pertainent folks and reached their charge, accepted the plea, and set down a sentence.


As the saying goes, you and Ms. Harvie are entitled to you opinions but NOT your own facts.


Because I am finding myself now affording this story more bandwidth than it deserves, I will leave this post with this final comment:


You are a well spoken and prepared debating opponent and I am sure we shall meet again in the blogosphere.


Peace,
Chad (The Left) Shue
Chad Shue | Jun 18, 2008 7:23 pm | 1 replies | View all | Post reply | Request removal
One Example of Intent Defined
The following paragraphs are from the Everett Police Department Case #DD07-16058 Summary by Inspector Grassi and Detective Coleman. (Cheryl Beyer was one of the attorneys for the City of Sultan)

On 3/9/06 at approximately 0900 hours Detective Clinko met with Walser at Sultan PD to discuss the ACCESS violation. Clinko provided Walser with documents from Jimmy Manong at WSP and Ron Wheeler at SNOPAC, which showed that Harvie had been run from Pepperell's terminal. Walser made a copy of the documents. Clinko told Walser that he had already discussed the matter with his supervisors and that it would be up to Walser to follow up on the probable ACCESS misuse by Pepperell. (quote)

In a later interview with Clinko, he confirmed that his report was accurate. Clinko said Walser asked if he could make copies of the e-mails that confirmed that Harvie's name was run from Pepperell's computer. Walser left the office and was gone long enough to make copies. Clinko said that Walser appeared to understand what Clinko told him and did not ask any questions that would indicate that Walser was confused about what the documents meant.(quote)

Cheryl Beyer handles the majority of the Public Disclosure requests for the city. Beyer spoke to Walser about Harvie's request and asked for any and all documents that pertained to the request. On or about 5/18/06, Beyer met with Walser and City Clerk Laura Koenig to prepare the response to Harvie's request. Walser provided a copy of what he called an "ACCESS log" that showed that harvie's name had not been run. The log was time and date stamped 3/9/06 at 11:55:39. That would have applied to when the log was generated, which would have been approximately 2-3 hours after Clinko and Walser met that date. The log encompassed the dates 3/14/05-5/16/06. (quote)

Beyer who did not know about the meeting between Clinko and Walser , accepted the log that Walser presented as a legitimate document. Beyer also asked Walser about the SCSO report regarding the dog poisoning incident and Walser claimed that he had reviewed the report with a deputy but then gave the documents back after he was done reviewing them. (quote)

On 10/3/06 Beyer talked with Swainson. It was during this phone call that Swainson told Beyer outright that Clinko's report said that he personally made contact with Walser on 3/9/06 and that he provided Walser with documentation that Pepperell ran Harvie's name in ACCESS on 6/27/05. Swainson read the applicable part of the report to Beyer, who asked Swainson to read it again. Swainson told me that he would not have normally done this, but he knew that Sultan was looking at potentially devastating financial penalties for not responding accurately to Harvie's public records requests. Swainson said that it was obvious that Beyer was shocked and even angry. Beyer told me that she was upset because it was now obvious Walser had purposely concealed the information all that time and had made her part of it. She realized during the phone call with Swainson what the ramifications of Walser's omission were.[(quote
_____________________________________________________
I ask you to step into the shoes of the victims for a moment. How do you think the City of Sultan feels? Think of the time and money it cost everyone involved. The WSP administrative investigation didn't just find one incident of database abuse. See Carole Pepperell's statement to WSP. There were other victims, trust me. Who and what was Chief Walser protecting?

You toss around that he only committed a misdemeanor like it is nothing. By the way you forgot to include the word GROSS. I challenge you to read ALL the documentation from the investigations and then tell me what you think.
gayle harvie | Jun 18, 2008 3:00 pm | 0 replies | View all | Post reply | Request removal
Intent and Impartiality
Pudge,
You said:

To be convicted of a crime, the prosecution shows that you intended to do what you did. Whatever it is.


That is not necessarily so. “Intent” has very specific legal implications. The conviction only says you did what you did. It is the charge itself that goes to the degree of intent. As I suggested to Ms. Harvie, the fact that Walser was only charged with and convicted of a misdemeanor would suggest that those responsible for this case believed Walser’s explanation of clerical error. Again, the charge would have been more severe if there was any real evidence that Walser intentionally lied or obstructed an investigation.

As to the question of impartiality, I have no issue with Ms. Harvie’s point of view or her access to the same media outlets as anyone else. However, I do believe that it only serves the public’s interest when a person’s personal involvement in the story is fully disclosed. As to your assertion that Jerry Cornfield may be the only impartial person here, I stand by my first post when I question why he has found this story to be so important as to merit so many mentions by his news paper, both in their main pages and his Blog.


Peace,
Chad (The Left) Shue
Chad Shue | Jun 18, 2008 12:32 pm | 0 replies | View all | Post reply | Request removal
Re: Chad Shue
The following was posted originally as a reply to the post by Chad Shue which was posted originally as a reply to the post by Gayle Harvie:

Wait, let me see if I follow this.

To be convicted of a crime, the prosecution shows that you intended to do what you did. Whatever it is.

So you're saying the fact that he was convicted of a crime shows that he actually didn't intended to do it. Even though he admitted he did it. Even though the facts of the case clearly show a pattern.

Specifically, we know he was given a document on March 9, and that he printed up another document on the SAME DAY that showed something different.

And we know that Walser did NOT produce this original document, and denied HAVING it, or KNOWING about it, for about a year, and then when he realized he was in trouble, he said he knew exactly where it was, and knew about it all along, and tried to get Tolson to drop the investigation, and tried to convince the Sheriff to help cover it up.

Those are the FACTS.


As to Harvie's involvement, get a grip man: she (whom I have never had any contact with until I replied to her post this morning) knows (obviously) more about the case than anyone here, and yes, she is not impartial, but as a Democrat and Stevens-hater, neither are you, and as a Republican and Stevens-supporter (and the person who set up http://www.fred-walser.com/ (glad you approved, Gayle, I worked hard to get it right) and wrote a song about him), neither am I.

No one is impartial here, except for MAYBE Jerry. And why would he explicitly mention Harvie's involvement? Her comments were posted late last night and here it is early the next morning! You expect him to watch this site every second, setting his alarm to go off every half hour so he can tell us whether a commenter on the site is involved? And even then, anyone actually following the case or reading about it at http://www.fred-walser.com/ will see that she is involved: it's not like she is hiding her identity, and she probably assumed everyone reading her post on this story would recognize her name.
pudge | Jun 18, 2008 9:11 am | 0 replies | View all | Post reply | Request removal
Reality Check! More than a clerical error!
Former Sultan Police Chief Fred Walser pleaded guilty today to providing false information to a public servant, a gross misdemeanor. (from Herald article)

A Whatcom County district court judge ordered Walser to do 240 hours of community service and pay the city of Sultan $20,000. Walser also will be on probation for a year and be required to check in with the court periodically, said Warren Page, the deputy prosecutor who handled the case in Whatcom County. (quote from Herald article)

He said he admitted to a clerical error which led to the charge. He should have produced a document when a public records request was filed when he was police chief in Sultan, Walser said. (quote from Herald article)

“I had a sheriff’s report in my file that I absolutely forgot about,” he said. “I accept responsibility for losing track of the report.” (quote from Herald article)
_____________________________________________________
Common sense tells us Mr. Walser would not have been charged criminally nor sentenced $20,000 restitution to be paid to the City of Sultan, assigned 240 hrs community service and a year of probation for a small clerical error or because he merely forgot. As well, it is possible Walser's charges may have been reduced by the prosecutor in exchange for a plea deal. Voters need to check up on the Senate hopeful by reading the Everett PD Internal Affairs report and check out the 800 pages of supporting documentation which lay out the facts involved in the cover-up of the Clinko (Sheriff)report and misleading officials during an investigation. Then ask yourself why would the Chief of Police who was originally assigned as the appointed authority contact in the investigation forget a pertinent sought after report involving the investigation of his administrative assistant. The Everett PD Internal Affairs report includes an All Star cast (city attorneys, Sheriff Bart, Mayor, Det. Swainson of WSP, Snopac personnel) of witness statements who tell quite a different version of events.

After reading the WSP and Everett PD investigative findings (neither mentions a clerical error) followed by Mr. Walser's guilty plea to providing false information to public officials, it is disconcerning to see his continued spin of events to media and the public.

Integrity is a life quality one should start and end with, especially public servants!
gayle harvie | Jun 17, 2008 1:59 pm | 2 replies | View all | Post reply | Request removal
Not an impartial actor
The following was posted originally as a reply to the first post by Gayle Harvie:

Actually "common sense" tells us that, if this "incident" were as dire as some would have us believe, Chief Walser would have been charged with the much more severe Obstruction of Justice. The FACT that he was only charged and convicted of a misdemeanor indicates that the people responsible for investigating and prosecuting the charge believed Walser's explanation of events.




In reading Ms Harvie's 2nd post and following the link provided, it has now become apparent that, as a principal player in this story her perspective cannot be viewed as being in any way subjective. I also find it a bit troubling that Jerry Cornfield and the Herald would not feel a bit obligated to advise the readers of Ms Harvie's interest in this story.


Peace,
Chad (The Left) Shue
Chad Shue | Jun 18, 2008 8:02 am | 0 replies | View all | Post reply | Request removal
Walser Website
The creators of this website get a Gold Star for their interpretation of the investigative findings from the Walser/Pepperell cases. Good job laying out the facts of the case. It is a tough case to understand because of all the diversions that occurred, but once you find the trail and follow the timeline it all falls into perspective.

"I have nothing to hide, she has nothing to hide." Walser said to KIRO TV.

Right!

Check it out....

http://www.fred-walser.com/2008/06/fred-walser-pleads-guilty.html
gayle harvie | Jun 17, 2008 9:35 pm | 0 replies | View all | Post reply | Request removal
Val Stevens = Worst legislator in the state
Val Stevens may well be the most ineffective legislator in the of Washington other than the repulsive Rep Dunn from Vancouver. Is there a place to check what Sen Stevens has delivered for her district/constituents versus other legislators? How many bills has she sponsored that have actually passed?
I really think that in spite of the fact that Sen Stevens represents a district that sometimes votes republican, that she is the underdog in this race because she doesn't have a record to run on in spite of being in the legislature for x number of years. The only thing that this criminal conviction of Fred Walser has served to do is level the playing field for Sen Stevens. This will be a great race to watch unfold. Hopefully the Dems take the gloves off and hit her on her record or lack there of.
Chris Hamilton | Jun 17, 2008 10:48 am | 1 replies | View all | Post reply | Request removal
Why should she bother?
Jerry,


Why should Val have to bring this up during the campaign? You have already run no less than three pieces on the same subject. I know things are usually pretty slow here in Snohomish County but really....three hit pieces on the same guy? Over a gross misdemeanor??? With friends like you to carry their water I'm surprised Esser and company feel like they have to do any advertising. By the way, which issues of major importance to the district are they doing advertising on?


I guess I could understand your concern here if there were any sense of outrage on the part of the citizens in the district but I can't recall seeing one letter to the Herald from a constituent complaining about Fred's clerical error.


You don't think you might be able to spare some ink on the number of folks who have lost their lives on US 2 or 522 during the years of Republican inaction and neglect in that district - while Fred was taking action as Chair of the Hiway 2 task force?


I'm not saying that Fred's conviction isn't a legitimate topic of interest but.....really is it worthy of this much of your time?


Peace,
Chad (The Left) Shue
Chad Shue | Jun 17, 2008 7:39 am | 2 replies | View all | Post reply | Request removal
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