Trooper cleared of misconduct

Mark Haas’ clenched jaw muscles began to tremble Thursday as the judge read the not-guilty verdict, ending a 10-month ordeal that sullied his reputation and could have put him in prison for up to two years.

The Washington State Patrol trooper wiped away a tear after the jury of seven women and five men acquitted him of the charges of unlawful imprisonment and official misconduct in connection with a traffic stop last summer in which two women exposed themselves. One of his supporters whispered, “Hallelujah.”

The two women claimed Haas used a flashlight to direct them to expose themselves during the Aug. 18 traffic stop along North Market Street.

But the jury didn’t buy it.

“Obviously, I am pleased,” said Haas’ attorney, Richard Bechtolt. “I expected this verdict, but you never know.”

Haas, a 23-year veteran, did not comment as he left the courtroom, where he hugged fellow troopers and family members.

Spokane County Deputy Prosecutor John Love said that regardless of the outcome, “this was a case a jury needed to hear.”

“We knew it was a difficult case,” Love said. “We knew we were accusing a cop of inappropriate behavior.”

As the packed courtroom emptied, one of Haas’ supporters confronted Love and told him the truth had finally come out.

“Believe what you want to believe,” Love responded.

On the back bench, victim-witness coordinators consoled one of the accusers, who hung her head and wept.

“We are not the final deciders,” Love said. “We can only present it to the community. The community should be the final decider.”

Shortly after the verdict was read, an announcement was sent over a law enforcement dispatch frequency: “Not guilty on all three.”

The case started about 2 a.m. on Aug. 18 when Haas pulled over a Ford Explorer on Market Street. He testified that he paced the Explorer at 44 mph.

When he contacted the driver, Haas obtained her name but didn’t walk back to his car to check it against computer records. Hass, who has been on more than 2,000 DUI stops, also didn’t ask to see a car registration or proof of insurance, which is standard procedure.

Haas said he didn’t notice a smell of alcohol, although the passenger said they had been drinking and later investigation showed the driver to be legally drunk two hours after their encounter.

The passenger testified that Haas mentioned a sticker displayed on the Explorer that indicated gay pride. Haas then said something about a hard nipple, she said. Feeling at ease, the passenger testified that she reached over and pinched the driver’s breast.

It was then Haas began to direct them to show various body parts by shining his flashlight, both women alleged.

About eight minutes after the stop, Haas let them go without issuing a ticket, conducting sobriety tests or calling a supervisor. He made no mention of the encounter in his hand-written action report.

But 24 minutes later, the women called 911 to report their contact with Haas.

The agency’s internal investigators concluded that Haas mishandled the traffic stop and docked him two vacation days. He was initially placed on administrative leave, but he has since returned to desk duty, Bechtolt said.

Throughout the three-day trial, several troopers attended the hearing to show support for Haas.

WSP Sgt. Ken Wade was the lead detective. As such, he was investigating one of his co-workers. Wade said he did not receive any negative feedback from Haas’ supporters.

“They are all professionals,” Wade said. “They all understand how this works.”

WSP Detective Major Bambino attended the trial. He said he served as Haas’ representative from the Washington State Patrol Troopers Association.

“We were here to support him because we knew from day one that the allegations against him were not true,” Bambino said.

He wasn’t as kind to Love. Bambino said Wade sent the case to the prosecutor’s office suggesting that Haas be charged with official misconduct. It was Love’s decision to add the two charges of unlawful imprisonment with sexual motivation.

“I have the utmost respect for the prosecutor’s office and other attorneys, but I’m not impressed with John Love’s decision-making abilities,” Bambino said. “He should have never bumped it up.”

Bambino added that while the WSP has no policy requiring troopers to make a report when someone flashes them during a traffic stop, most troopers are now reporting any flashing or exposure as a result of the Haas case.

“People always hear the bad and it sticks to their minds,” Bambino said. “It will take years to get his reputation back with the public.”