By Scott North
Herald Writer
MARYSVILLE — A high-ranking Marysville city official is questioning Snohomish County prosecutors’ decision to pursue felony charges against Tom Grady, a newly elected city councilman whose bid for office is now dogged by a criminal forgery investigation.
Mike Leighan, Marysville mayor pro tem, on Dec. 11 wrote Prosecuting Attorney Jim Krider challenging Krider’s handling of the case, including a decision not to allow Grady to participate in a special program for first-time, nonviolent offenders. The option could have spared Grady from risking a felony forgery conviction.
"Jim," Leighan wrote in an e-mail obtained by The Herald under public records laws, "I guess you folks must be slow down there, or are receiving a great deal of pressure to prosecute Tom Grady. I am at a loss as to way (sic) this entire case has been handled. There has to be other forces at work here."
Leighan told Krider he believes the decision to bar Grady from the pre-prosecution diversion program "is not in the best interest of the public, and that a trial costing taxpayers thousands of dollars is unwarranted."
Leighan signed his e-mail as Marysville mayor pro tem. In that position, he serves as a voting city council member, but also acts as the city’s top elected official when Mayor Dave Weiser is unavailable.
Grady is under investigation for allegedly forging records to hide the still-unexplained disappearance of more than $38,000 from the Marysville Albertson’s store where he worked as a manager for 13 years. Krider and other prosecutors say they expect to file charges soon.
Krider said he found Leighan’s e-mail sufficiently troubling that he wrote back the next day, telling him "this office does not make charges based on political considerations. The law should be evenly applied.
"We offered Mr. Grady diversion, but (unfortunately) he failed the conditions," Krider wrote. "Thus, like all other citizens, he will be charged with the crime we believe the evidence supports."
Doing otherwise would be a violation of the prosecutor’s duty, Krider added.
In a telephone interview Monday, Leighan said he was satisfied with Krider’s response because the main purpose of his letter was to get "assurance that political forces were not at play" in Grady’s case.
At least one city council member said Leighan should have stayed clear.
"My opinion is that it is not the city council’s, the mayor’s or the mayor pro tem’s position to get involved in this legal matter between Mr. Tom Grady and Snohomish County," councilman Jim Brennick said. "I am surprised. I am shocked at this type of a statement from our mayor pro tem."
Grady and his attorney were not immediately available for comment.
Grady won his council seat by 161 votes in November in a hard-fought election against incumbent council member NormaJean Dierck. Leighan worked on Grady’s campaign and was among those on the council who on Dec. 10 supported an aborted attempt to swear in Grady and other council members, weeks before their terms were to begin. The swearing-in ceremony was tabled by a 4-3 vote following sometimes heated public testimony.
Grady’s legal troubles became public in late November, when prosecutors revealed he has since March been the focus of a criminal investigation into allegations that he repeatedly forged armored car deposit slips and other documents to hide missing money at Albertson’s. An audit of lottery inventory at the store, for example, came up $16,000 short, according to police reports obtained by The Herald.
The investigation began when Grady left his job after he was confronted by store officials. Grady submitted a written apology, denying he took the money but also taking responsibility for what he described as a "cover-up," starting as early as 1991, documents show.
The investigation was begun by Marysville police, who handed it off to Everett detectives when Marysville officials determined they had a possible conflict because Grady then served on the city park board.
Prosecutors said they released word about the Grady investigation because he was a public official, and they were then considering him for the prosecution diversion program.
"It bothers me that they would share that before they did an arrest or pressed charges," Leighan said. He added that he’s spoken to police who share his concerns, but declined to provide names.
Leighan said he wrote to Krider, in part, because he knew that Grady detractors were urging prosecution.
Krider confirmed his office has received numerous phone calls. Records show the office also has received more than 20 form-style letters, including one signed by councilman-elect Jeff Seibert, and petitions signed by about 50 people. They urged the prosecutor to pursue the case and to try to block Grady from taking office.
Krider has made it clear that he sees no role for prosecutors in determining whether Grady serves in office.
Leighan said he signed his e-mail as mayor pro tem to show "full disclosure that I am a council member, and I am on the other end of what is going on."
He remains a staunch Grady supporter.
"I’ve known Tom Grady for over a decade," he said. "I don’t know the circumstances with Albertson’s. He has always been somebody who has been in the community, who has done a lot for the community. I am kind of at a loss as to why he wouldn’t be a good candidate for a diversion program."
You can call Herald Writer Scott North at 425-339-3431 or send e-mail to
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