Judge says Hagarty can work Moore case

YAKIMA, Wash. -- A visiting judge on Tuesday refused to remove Yakima County prosecutor Jim Hagarty from the rape and assault case against sheriff's Deputy Sean Moore.

"It's his call," Kittitas County Superior Court Judge Scott Sparks said of Hagarty, brushing aside a defense motion that suggested the prosecutor's handling of the case represents a conflict of interest.

Moore, 37, is accused of entering a woman's Selah home in October and assaulting her and a male friend while he was in uniform and on duty. The woman, who knows Moore, reported that he returned later that same day and forced her to perform a sex act.

In pre-trial skirmishing, Moore's attorneys argued that Hagarty should be disqualified because he once gave Moore legal advice during a conversation at a gym one year ago. All eight Yakima County Superior Court judges have recused themselves in the case.

Moore's lawyers also argued that a sheriff's deputy who is staying with Hagarty while he goes through a divorce did some work on the Moore case and that Hagarty has other conflicts, evidenced by statements in news reports about the case.

"Something doesn't smell right here," said Mark Kaiman of Bellingham, Wash., who is representing Moore along with law partner Jeffrey Lustick.

In rebuttal, Hagarty denied any aspersions on his ethics and was especially upset at the suggestion he could be called as a defense witness in the case.

"This is surprising. This is ambush," he complained to the judge.

Hagarty said he does not "recollect" having the conversation with Moore at the gym, and added that his well-known relationship with law enforcement does not extend to legal advice.

"Most of them are my friends, but I don't give them legal advice," he said.

Hagarty also said his decision to ask prosecutors in Benton County for help with a separate sexual assault case against a Yakima police officer does not have bearing on this case.

"Deputy Moore will get a fair and impartial trial in Yakima County," he said.

In his decision, Sparks said he failed to see the conflicts and suggested the defense motion was meant mainly for appeal purposes.

Even so, he conceded that it was strange that all eight Yakima County Superior Court judges recused themselves from the case.

"Do you have any idea why?" he asked Kaiman at one point.

"No, sir, I do not," the attorney replied.

"I don't either," mused the judge, who set a new trial date of Feb. 22 amid uncertainty over whether he will be appointed the trial judge.

* Chris Bristol can be reached at 509-577-7748 or cbristol@yakimaherald.com.