Report critical of Pierce County prosecutor

TACOMA — Pierce County Prosecutor Mark Lindquist retaliated against employees and urged “no good deals” for a group of defense attorneys who were critical of him, according to an investigation into whistleblower complaints.

The report describes an overriding concern with Lindquist’s public image, and efforts to consolidate political power by retaliating against his perceived enemies, The News Tribune reported. It says he promoted favored colleagues with an eye toward getting them elected as judges, and reassigned others who criticized him.

A retired judge, unnamed in the report, recalled Lindquist saying, “I elect judges, the people don’t.”

The report refers to a statement by Lindquist, confirmed by several witnesses, that the 2009 shootings of four Lakewood police officers were worth “$100,000 of free publicity” for his pending re-election campaign.

The 67-page investigation by attorney Mark Busto was released to The News Tribune Friday. It stems from whistleblower complaints filed with the county’s Human Resources Division by Steve Merrival and Steve Penner, two veteran prosecutors on Lindquist’s staff.

Busto dismissed several complaints against Lindquist, concluding, for example, that he does not preside over a racially hostile workplace. On other questions, the investigator took no position. The report finds that Lindquist did not initiate a large-scale prosecution of gang-related cases for racial or political reasons.

“I am committed to maintaining high standards of public service and making improvements, including better internal communication to avoid misperceptions,” Lindquist said. “I will work with our leaders to move forward with the goal of focusing the office on public safety and public service.”

According to the report, Penner described an order from Lindquist to tell other prosecutors that “no good deals” should be given to a group of defense attorneys who filed declarations in a lawsuit that criticized Lindquist’s office in 2014.

Penner disagreed with the instruction and said so, the report states. After complaining to the office’s human resources director, Penner raised the issue again with Lindquist, asking whether he really intended to say defense attorneys shouldn’t get good deals.

“Well, you don’t say that out loud,” Lindquist reportedly replied. “You use subtext.”

Lindquist retracted the directive after speaking to Penner again, the report states. Busto, who spoke to other prosecutors, concluded that the allegation had merit.

Several prosecutors said they were reassigned to less desirable positions after they spoke critically of Lindquist.

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