Sealed records hinder probe of murder case

The state Attorney General's Office won't prosecute two defense attorneys accused of unethical conduct in a Yakima murder case, saying a full investigation is impossible because court records remain sealed.

An attorney general's report obtained by the Yakima Herald-Republic says there's not enough evidence to file criminal charges against Seattle attorneys Jackie Walsh and Steve Witchley for their conduct in a case that cost taxpayers more than $2 million.

The nearly yearlong review looked into allegations of witness tampering, intimidation of a public official and custodial interference.

Though no criminal charges will be filed, the state's inability to access Yakima County court records prevents ruling out a misuse of funds, according to Assistant Attorney General John Hillman, whose Nov. 5 report was highly critical of the two attorneys.

"They engaged in a number of instances of questionable conduct which wasted a million dollars of public money ... Walsh and Witchley had a duty to zealously advocate for their client but chose to ignore the fact that even zealous advocacy has boundaries," Hillman wrote.

The two were appointed to represent Junior Sanchez, one of two defendants charged with murder in the February 2005 execution-style slayings of 21-year-old Ricky Causor and his 3-year-old daughter, Mya.

Because prosecutors were considering the death penalty, Walsh and Witchley were selected from a short list of Washington attorneys qualified to try such cases.

After numerous delays and a huge run-up in defense costs over the course of 18 months, the case took a dramatic turn in December 2006 when Yakima County Superior Court Judge James Hutton removed Walsh and Witchley.

Hutton accused the two of unethical conduct for taking their client's teenage girlfriend -- a key witness -- and three children associated with the case to a relative's home in Stockton, Calif.

The two attorneys said they personally shelled out the money to remove the girl from dangerous living conditions in Yakima. Hutton questioned their sincerity, however, saying their actions posed a conflict of interest.

Hillman agreed in his report. Removing the children was "unprofessional and wrong," but that it fell short of meeting the legal standard for criminal charges.

After she returned to Yakima, the teen provided key testimony linking Sanchez to the murder weapon, a .45-caliber pistol. Based in part on her testimony, a jury on Dec. 10, 2007, convicted Sanchez of the murders. He was sentenced to life in prison without parole. The second defendant, Mario "Gato" Mendez, pleaded guilty and was sentenced to 30 years.

Three weeks later, Yakima County Prosecutor Ron Zirkle asked the state to review the conduct of Walsh and Witchley for potential criminal charges.

Hillman said he based his report on a review of court records and police reports, but that he needed access to Sanchez's complete court file. The file was sealed as standard procedure to keep prosecutors from gaining an unfair peek at the defense strategy. However, Sanchez's file remains sealed while he appeals his conviction.

Hillman filed a public records request on behalf of the state attorney general but was denied access to the court files by Yakima County officials -- just as the Herald-Republic was -- earlier this year.

"Waiting for the release of these documents has caused considerable delay in the AGO's charging decision ... as those records are necessary to confirm or refute Walsh and Witchley's claim that no public funds were spent ferrying the child witnesses out of state," Hillman wrote.

The Herald-Republic has waged a lengthy legal battle to open Sanchez's file. The newspaper recently succeeded in its legal efforts to open Mendez's file and is now reviewing the documents.

Hillman said the Attorney General's Office would reconsider criminal charges against Walsh and Witchley if the Herald-Republic prevails in its fight to unseal the billing records and new evidence emerges.

Interviewed Monday, Hillman said the lack of access to the Sanchez case file didn't affect his decision not to prosecute for witness tampering and had more to do with difficulties proving whether Walsh and Witchley misused public funds.

Hillman "cited a number of instances of questionable conduct" by Walsh and Witchley and said their "hollow" attempts to explain their actions could not hide a clear-cut attempt to subvert justice.

Hillman's examples included Walsh's alleged threats against Dan Fessler, head of the county Department of Assigned Counsel, and Witchley's repeated attempts to interview Mendez, his client's accused accomplice in the shootings.

"Walsh and Witchley engaged in unethical conduct in order to prevent the jury from hearing all the facts necessary to arrive at the truth, apparently for no other reason than a 'win at all costs' mentality," wrote Hillman.

Neither of the attorneys returned phone calls Monday seeking comment for this story. They maintain separate practices in Seattle.

Zirkle said he has been told a complaint against the two attorneys has been filed with the Washington State Bar Association and that he's been asked to provide documentation.

A spokeswoman for the state bar association said she could neither confirm nor deny that a bar investigation of the two is under way.

Hillman said he and his colleagues in the Attorney General's Office have been surprised by the amount of spending by defense attorneys in the case. The Mendez defense team spent more than $560,000 while the total spending for Sanchez's two sets of lawyers came to more than $1.5 million.

Hillman said he once reviewed records in a Pierce County murder case that cost taxpayers $200,000, a figure he recalled as once having seemed exorbitant.

"That person actually received the death penalty," he noted.

* Chris Bristol can be reached at 577-7748 or at cbristol@yakimaherald.com