Ex-cop likely to take stand in sexual misconduct trial

EVERETT — A former Edmonds police officer accused of having sex with a woman while he was on duty last year is expected to eventually testify at his felony trial, which started Tuesday.

Daniel Lavely’s attorney told jurors that his client wants to set the record straight. Lavely, 48, maintains that he didn’t have sex with the woman. Instead, Lavely is expected to testify that the woman asked him for money and then propositioned him for sex when he refused to give her any cash, Bradley Johnson said.

His client has been falsely accused of a humiliating crime by a woman who wanted to “further her self interests,” Johnson said during opening statements. Jurors were told that the woman has previous convictions for theft, possession of stolen property and making a false statement. They also were told that she was high on drugs when Lavely encountered her.

The woman is expected to testify this week.

Prosecutors charged Lavely in November with first-degree custodial sexual misconduct following an investigation by Everett police detectives. They allege that Lavely escorted the woman, 28, from a motel room and placed her in the back of his patrol car. She told police that Lavely drove her to a deserted parking lot along Highway 99 and ordered out of the car. That’s when she says he fondled her and then engaged in sex with her.

It is against the law for a police officer to have sex with somebody they are detaining, even if the contact is consensual.

Snohomish County deputy prosecutor Adam Cornell told jurors that Lavely abused his authority and selected the “perfect target” — a homeless, drug-addicted and vulnerable woman without a place in society.

“This case is about the balance of power,” Cornell said.

Lavely had all the power and the woman was powerless, the deputy prosecutor said.

The officer then lied to cover up his acts, Cornell told jurors.

Video surveillance footage proves that Lavely falsified his reports about when the woman was in his car. The video also conflicts with where he said he drove her, Cornell explained. The woman is seen in a convenience store at the same time Lavely radioed in that he’d dropped her off near a bus stop over the county line.

Johnson told jurors that Lavely “fibbed” about when he picked up and dropped off the woman only because he had forgotten to tell dispatchers that he was giving the woman a ride from Andy’s Motel. He was planning to drop her off in Shoreline because she was causing trouble at the motel and Seattle police refused to pick her up for the arrest warrant she had out of King County.

Lavely later forgot to radio in when he dropped her off because he was so “flustered” by the woman’s proposition and being “aggressively hit on,” Johnson said.

Jurors were told that the woman waved a condom around. Once she was out of the car, Lavley said the woman pulled her pants partially down, trying to seduce the officer. He left the woman standing in the parking lot, near a homeless encampment, Johnson said.

Lavley realized minutes later that he’d forgotten to call dispatch. He was worried that his chances at being promoted to sergeant would be jeopardized if his superiors found out that he hadn’t radioed in his locations, Johnson said. That’s the only reason he made up the times, the attorney said.

Lavely was put on administrative leave in May 2012 when the allegations surfaced. He resigned in January after the Edmonds police internal investigation was completed.

Lavely became an officer with Edmonds in 2004, joining the department after serving 20 years in the U.S. Navy as a naval police officer.

The U.S. Naval Criminal Investigative Service opened an investigation after Lavely was arrested. Allegations surfaced that he molested a young relative while he was enlisted in the U.S. Navy, Cornell wrote in charging papers.

The status of that investigation wasn’t immediately clear. An officer with the NCIS attended Tuesday’s court hearing.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Cassie Franklin, Mayor of Everett, delivers the annual state of the city address Thursday morning in the Edward D. Hansen Conference Center in Everett, Washington on March 31, 2022.  (Kevin Clark / The Herald)
At Everett mayor’s keynote speech: $35 entry, Boeing sponsorship

The city won’t make any money from the event, city spokesperson Simone Tarver said. Still, it’s part of a trend making open government advocates wary.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.