Deputy jailed on rape charge will ask for lower bail

YAKIMA, Wash. -- An attorney for Yakima County sheriff's Deputy Sean Moore says his client will plead innocent today to charges that he raped a woman while on duty.

Moore, 37, is scheduled to be arraigned in Yakima County Superior Court in connection with an Oct. 24 incident in which he is accused of breaking into a Selah home and forcing the woman to perform a sex act.

He's also accused of assaulting the woman and threatening her male friend at gunpoint earlier the same day at the house. Moore was on duty and in uniform when the first contact happened, according to the police report.

Bellingham attorney Jeffrey Lustick, who represents Moore, said the seven-year deputy is prepared to take the case to trial. Moore remains in custody on $500,000 bail.

In a news release issued Thurs-day, Lustick said Moore had been moved from Yakima County to the Kittitas County jail, where he is being held in solitary confinement because he is a law enforcement officer. Jail records show Moore was booked at the Ellensburg facility on Monday.

Lustick said he would ask for Moore's bail to be reduced, calling the amount excessive under the circumstances. Prosecutors had sought the high bail because of concerns that Moore remained a threat to his accusers.

Lustick said he would also ask that Yakima County prosecutors be ordered to recuse themselves.

Prosecutor Jim Hagarty said Thursday that he continues to search for a special prosecutor. He reserved comment on the bail amount for the court hearing.

Sheriff Ken Irwin said a separate personnel investigation into the allegations against Moore is expected to continue for some time.

Moore has been on paid leave since his arrest.

Irwin also said Thursday that he had reviewed Moore's personnel file since the arrest and found no discipline against him.

The woman Moore is accused of attacking sought a temporary protection order against him in 1995. The request was dropped when she did not show up for a subsequent court hearing.

That situation was discussed with Moore as part of the background investigation before he was hired, including a standard polygraph examination and psychological review, Irwin said.

"There were no issues that came up that would restrict him in any way in properly handling his job as a law enforcement officer," Irwin said, although he did not immediately recall whether the 1995 allegations were discussed with the woman.

* Mark Morey can be reached at 509-577-7671 or mmorey@yakimaherald.com.