Taxpayers Paying Coroner’s Legal Fees Hasson Threatens To Make Amend Pay For His Own Indiscretions

Spokane County taxpayers have spent nearly $45,000 defending Coroner Dexter Amend, who has racked up four legal claims and lawsuits during 14 months in office.

That’s not counting a fifth claim another bereaved family is expected to file next week.

County Commissioner Steve Hasson, fearing a myriad of similar lawsuits, is threatening to make Amend pay his own legal expenses.

“He could lose everything that he and his family have ever worked for,” Hasson said. “That’s something he’s going to have to think about in the next several weeks.”

More claims have been filed against Amend than any elected official in memory, said Claude Cox, the county’s risk manager.

“I’m becoming very concerned,” Cox said. “We’re just defending him at this point. None of them have gone to trial yet.”

Amend is under fire for making inappropriate comments to bereaved family members, questioning some about the sexual practices of children and adults who died.

Most of the legal claims come from people incensed at the way Amend handled a relative’s death. Another was filed by a secretary Amend fired when he took office.

The family of an 11-year-old boy who died in a fire last month plans to file a claim next week claiming Amend asked “outrageous” questions about the dead boy’s sexuality.

Amend was out of the office doing charity work Wednesday. His secretary said he wouldn’t comment anyway.

Hasson said he wants to meet soon with Amend and fellow commissioners to discuss who’s going to pay the mounting legal fees.

“How long do we hold the taxpayer hostage to be obligated to the coroner’s actions?” Hasson said.

Commissioners can force a county employee to pay his own legal fees if the employee acted “outside the scope of his employment,” said Cox.

In such cases, Cox said, “They can say, ‘You’re on your own. We’re going to defend ourselves against you.”’ County Commissioner John Roskelley said county officials haven’t decided whether Amend’s actions meet that criteria.

“He may have said some things that are wrong, but he still acted on behalf of the county,” Roskelley said.

The county has never before considered making an elected official responsible for his own legal fees, Cox said.

Commissioners also responded Wednesday to a statement issued by the Peace and Justice Action League of Spokane, which urged city and county officials to ask Amend to resign.

“Death in Spokane now brings a new crisis to bereaved relatives,” the league stated. “A visit from Dr. Amend.”

Commissioners, a City Council member and the mayor said they have no authority over Amend, a fellow elected official.

“I’m absolutely appalled as everyone else is at both the remarks and the conduct of the coroner,” said Mayor Jack Geraghty.

But, he added, “We could call for Dr. Amend’s resignation probably until hell freezes over and given the dynamics of this situation it probably wouldn’t make much difference.”

Geraghty and Hasson said citizens who want Amend booted from office will have to rely on an ongoing effort to recall him.

That movement is in legal limbo. A local judge ruled the recall should go before voters if petitioners gathered enough signatures. But Amend appealed that decision to the state Supreme Court, and justices have yet to issue an opinion.

Taxpayers have spent $11,926 defending Amend in a lawsuit filed by former secretary Causna Albin, who claims the Republican coroner fired her because she’s an outspoken Democrat, Cox said.

More than $17,200 went to settle a claim filed by Tina Lozada, who said Amend put the wrong diagnosis on her husband’s death certificate. Mario Lozada died in the Spokane County Jail.

Attorneys for the county have spent another $15,000 on the recall effort, Cox said.

At a cost of $252, they’ve just begun dealing with a claim filed by Lori Beal, who said Amend revealed confidential information when talking publicly about her daughter’s death.

Amend told reporters 9-year-old Rachel Carver, who was murdered by her uncle, had been sodomized in the past. Amend later said he didn’t name her in the conversations.

The most recent lawsuit was filed by the mother and sister of Curtis Babcock, a Spokane cosmetologist who died from AIDS complications. The family said Amend delayed Babcock’s cremation and memorial service to pursue an autopsy to link sodomy to the death.

Attorney Frank Malone said Wednesday he is preparing a claim on behalf of Brian Himes, a 13-year-old boy whose brother, Jeffrey, died in a shed fire last month.

Amend asked Brian whether Jeffrey, 11, masturbated or had sexual encounters with another boy injured in the fire, Malone said. The two were spending the night in the shed when a space heater ignited it.

“It’s a claim of outrage,” Malone said.

Insurance covers such claims against the county, but taxpayers must pay the first $250,000 in each claim, Cox said.

Spokane County pays an average of $500,000 to $600,000 each year in claims and lawsuits.

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