Spokane7
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February 26, 2010 in City
Memo on legal work in RPS case surfaces
It cites attorney’s ‘political cover’ concern
A lawyer with the state attorney general’s office who provided a legal review of an investigation into a fatal 2006 River Park Square garage crash believed his review was being used “for political cover,” according to a memo written by David Savage, the ex-husband of the woman who died in the incident.
In the memo to himself, Savage, an attorney who worked on the civil case against River Park Square, discusses details of a phone call between him and Scott Marlow, the lawyer who handled the examination for the attorney general’s office.
Savage’s memo indicates that Marlow felt Spokane County Prosecutor Steve Tucker’s office had done a substandard job in preparing the case for review by the state. Savage’s memo is dated March 26, 2009. It said Marlow told him: “This matter needed a more thorough review and robust development … I do not understand why this matter has not been better handled.”
Cowles Co. owns River Park Square and The Spokesman-Review.
Dan Sytman, spokesman for the state Attorney General’s Office, said Thursday that Marlow called Savage to express sympathy related to the incident and did not intend to convey that he had concerns about providing “political cover.”
A state review of a county prosecutor’s case “is appropriate when a prosecutor wants to make sure he or she is covering the bases. That’s what Scott articulated in that conversation,” Sytman said.
The memo was mailed to The Spokesman-Review last month by former Pend Oreille County Sheriff Tony Bamonte, who has argued that the crash should have sparked manslaughter charges against Cowles Co. officials. Jo Ellen Savage died April 8, 2006, after her car crashed through a wall and fell onto the entry ramp below. Witnesses told police she was driving slowly.
In 1993, engineer Richard Atwood warned River Park Square officials of problems in the walls. He recommended the garage install cables to prevent cars from hitting barriers or that the owners conduct more extensive tests. Neither action was taken, though mall officials say they made other improvements and conducted other tests.
Cowles Co.’s insurers settled the civil case in 2006 for $1.6 million, Savage said.
Tucker asked the state if manslaughter charges were applicable in February 2009, about two months before the statute of limitations ran out. He was given files related to Jo Ellen Savage’s death in September 2008 by federal investigators, who determined that federal charges did not apply.
Tucker said Thursday that no one from the Attorney General’s Office has expressed concerns to him about the review. He added that before the state examination, files were reviewed by his chief deputy criminal prosecutor, who agreed that charges shouldn’t be pursued.
“It would have been a battle of experts and there still wouldn’t have been enough to show negligence,” Tucker said.
Savage, a former president of the Washington State Bar Association, said Thursday that he stands by “my recollection of that conversation and (Marlow’s) remarks as I recorded them at the time.”
Savage said he, Robert Rembert, an attorney who worked with Savage on the civil case, and Savage’s wife, Sally Savage, a former senior assistant with the Washington attorney general’s office, met with Tucker in November 2008 about the case because they strongly believed that the details uncovered in the civil investigation pointed to criminal negligence. At that time, Savage said Tucker indicated that he had not started reviewing the case even though he had the file for two months.
Because of the delay and an incomplete investigation, Savage said Thursday, “the A.G.’s office – Marlow in particular – couldn’t render an opinion based upon a full, fair and robust development of the case.”
Tucker said the two boxes of information provided by federal investigators were thorough. Savage said he is concerned that metal plates and bars added by the mall in 2006 to strengthen the garage’s walls may not be adequate to make the garage safe.
“We felt criminal prosecution would have compelled a more thorough review of the integrity and safety of the building,” Savage said.
River Park Square spokeswoman Jennifer West said Thursday that the mall is confident that the fixes ensure safety to garage users.
“It has been inspected by both the city and independent experts they engaged,” West said in a written statement. “The safety of its customers is a priority.”
MAC faces angry crowd 
Ron_the_Cop on February 26 at 12:20 a.m.
Mr Brunt you are to be commended for running this story on this explosive memos as it confirms what Sheriff Bamonte and I have been saying all along re the Savage manslaughter case.
Readers can read the rest of the story here:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2010/01/savage-manslaughter-case.doc
In my opinion this was a whitewash/cover up. Asst. AG Marlow was rightly concerned that Co Prosecutor Steve Tucker set the AG’s Office to give Tucker political cover for his decision not to file any criminal charges.
Tucker did not compel a complete and thorough criminal investigation be done that followed the evidence given him by the feds wherever it would lead. He did nothing. Without such an investigation he review was fallacious and flawed. No one asked the probative questions - Don’t Ask - Don’t Tell. Why?
Tucker should have been pressed on his decision not to file this case at the time but was allowed to go unchallenged. This was a travesty of justice.
I will post more on this in the morning.
Det. Ron Wright (Retired)
Truthhurts on February 26 at 6:35 a.m.
Tucker has given endless cover to local wrong-doing.
It is why he gets to “cruise” in his job.
liarsinnews on February 26 at 7:05 a.m.
Tucker has the reputation of spending too much time at the 19th hole. Tucker should have been voted out long before this injustice took place. I think he is guilty of a cover-up, protecting the River Park Square parking garage owners who were responsible for allowing (decay) a unsafe condition of the garage. Had the Cowleses made the necessary repairs it would have prevented the tragic death of Ms. Jo Savage.
steveeugster on February 26 at 7:35 a.m.
It is “time to go” for County Prosecutor Steve Tucker and his top civil deputy, Jim Emacio. For more on the subject see http://www.washcourts.com/?p=461
Hank_Tingler on February 26 at 8:13 a.m.
Emacio refused to investigate our auditor Vicky Dalton for doing personal work on County Time,lfor falsifying court documents a perjury. Its all there in the records folks
horse_feathers on February 26 at 9:19 a.m.
Is anyone else getting sick of Ron the cop self promoting under the guise of making comments?
Ron_the_Cop on February 26 at 9:57 a.m.
[Continued from above]
Detective Wright:
Thank you for sharing with me this “request” that AP report ethically and responsibly on what you allege is the organized crime ring operating in Spokane, WA. At a time when rampant corruption infects every level of government in America, I find it quite newsworthy that an impeccably credentialed retired economic crimes detective, you, and arguably one of the most distinguished sheriffs in U.S. history, Tony Bamonte, are serving notice that you will not tolerate it. You are methodically calling upon individuals and institutions with legal and ethical duties to act on the evidence that you are presenting. Your evidence is such a withering indictment of public corruption that I think any reasonable person would have to conclude that, serious as the dangers are that are posed by many of America’s foreign enemies, the threat to our nation of the domestic enemy of corruption is far greater. You and Sheriff Bamonte are presenting irrefutable evidence that organized crime involving public officials at the highest levels of American government defrauded citizens of tens of millions of dollars and led directly to the death of an innocent woman, Jo Ellen Savage. (“Death by Parking” and “Deathtrap,” www.girlfromhotsprings.com). Your conduct reminds me of the courtesy police officers extend to motorists whom they pull over. “May I see your license, sir/ma’am?” Given the authority society vests in police officers to enforce the law, and the social contract it reflects, I think we all understand that to be a request for which the answer “no” is not acceptable to society itself. I continue to watch your efforts with keen interest. For members of the media receiving your emails I would suggest this story peg: “Two distinguished retired cops kicking down the doors of criminals who have taken America hostage.” I, for one think it’s a great story. I’ll do my best to report it. Thanks for keeping me informed. Happy hunting,
Larry Shook
liarsinnews on February 26 at 10:24 a.m.
I`ve noticed from time to time, when horse feathers doesn`t agree with who ever, he stoops to name calling, I remember he called someone an idiot once and another time, a person stupid. I think Detective Ron Wright has provided an outstanding service to the citizens of Spokane. Not many have the intestinal fortitude to call a spade a spade in Cowlesville.
zelda on February 26 at 11:42 a.m.
Since the statute of limitations has run out, I can’t imagine that this story has any place further to go other than providing impetus for voting Tucker out of office. Jo Savage’s family took a settlement and the garage is still operating (I won’t park there anymore, BTW) .
I admire Tony Bamonte for his persistence, but in this particular tilt at a windmill, what kind of ultimate justice outcome is he looking for? No further criminal charges are possible against the garage’s owners, right?
That said, it would be wonderful if Spokane could find some people besides fools and tools to run for prosecutor. Is the job that thankless because it serves mainly to prosecute lowlifes while protecting the interests of Spokane’s oligarchy? From the looks of things, it would seem so.
addyh on February 26 at 12:19 p.m.
Ron the Cop, I deleted both of your comments. Please refresh your memory on the commenting guidelines.
Addy Hatch, city editor
Ron_the_Cop on February 26 at 12:19 p.m.
Zelda,
Here’s the answer to your question - it’s the Cowles’ Family Trusts pocket book re our $87 that we were robbed of.
Here’s an excerpt of an email I just sent to Asst. AG Scott Marlow the party that was the subject of the Savage memo:
Dear Mr. Marlow,
As I told you on the phone I fully intend to take the Savage manslaughter case as a component of our civil RICO prosecution as an unindicted state offense re one of the two required necessary to establish a pattern and practice of criminal activity. The feds should have done so in their “review” of the RPS bond frauds et al. The statute of limitation on a RICO complaint is TEN years from the last act carried out on behalf of the criminal enterprise (See my RICO case file). Also see my criminal complaint I filed against Gavin Cooley, CFO City of Spokane, that was accepted for investigation by the WA State Board of Accountancy. BTW I still don’t know why the WSBA did not act to disbar Laruel Siddoway? She will be a principal in our RICO case as Cooley will be too. As you well know a successful RICO action brings treble damages plus attorney fees. See my attached financial analysis showing at least $87M in actual losses to the citizens/taxpayers of Spokane (Subject to my caveat of course re doing a forensic audit to establish the actual damages). This should be rich enough to attract some takers willing to take on the Cowleses.
I sensed from our telephone conversation you felt your office had been placed between a rock and a hard place in how Tucker tied your review of his material. I told you I would have had a “come to Jesus” discussion with Tucker and told him where to go if he didn’t compel a complete and thorough investigation into the death of Jo Savage that followed the evidence wherever it would lead.
In my letters to Tucker, the AG, and the Governor I said it would be fallacious to render a filing decision without the benefit of such an investigation and suggested other statutory grounds to get jurisdiction on the Savage case. As you tacitly refer to Bamonte’s and my correspondence in your case file as documented by Savage in his memo (See my case file). At least your office had the courtesy to reply. I filed a PDR with the AG’s Office to secure these documents. One thing I can say the AG’s Office is very forthcoming with PDRs unlike the City of Spokane. I found the letters and emails from the Savages very enlightening on how your office handled this review. The Governor has not responded to Sheriff Bamonte’s or my letters. Why do you suppose?
I sense you have been “put on ice” because of the truthful statements you made to Mr. Savage. I can suggest a good counsel that has a good track record in court against the Cowleses’ interests should you be muscled by your superiors with regard to your candid opinion of what Tucker did. . .
I will make this offer to anyone in the AG’s Office that has similar views as yours and may face political pressure to clam up. After all Mr. Marlow the AG’s Office represent the people of the State of Washington and not elected/appointed officials that defer to the interests of a criminal enterprise. . .
[See offer here -
http://friendsofmarkfuhrman.org/blog/?p=225]
Det. Ron Wright (Retired)
Ron_the_Cop on February 26 at 12:42 p.m.
Dear Ms. Hatch,
Thank you for confirming my post was scrubbed. Could you please be more specific with regard to what areas of your comment policy I violated. My post was well within the norms of blogging etiquette.
As I said in my post what I said was the truth to the best of my knowledge nor was it libelous or slanderous in any manner. I said I would be happy to testify on the record in open court as to the facts and evidence I possess or are aware of. I freely signed my name and address for all to see, If what I have said is factually in error, I will be happy to immediate correct the error and apologized to those who were affected if called to my attention.
If what I said was threatening to anyone, this was not my intent. I’m only speaking the truth as I see it from the perspective of a seasoned 35-year law enforcement criminal investigator. Your forum is the new town square where folks should be allowed to speak unless they violate the norms of civility.
In a free society we place great value on free speech. We also give great responsibility to those members of the free press too. The question is who holds members of the press accountable for their lapses in professional responsibilities to their readers?
After all this is the intent of these forums:
“Free speech is chic. Spokesman.com, along with its affiliated Web sites, is a place for robust debate and interaction among community users, especially through discussions about stories, multimedia and other content. But because this is a Web site owned by a family newspaper, this page contains some basic rules about sharing and posting on our site.”
In the end that’s my point re the S-R.
Det. Ron Wright (Retired)
Ron_the_Cop on February 26 at 12:51 p.m.
Correction in my note to Zelda above $87 = $87 million dollars.
See my financial summary and analysis subject to the caveat in my report re the necessity of a forensic audit being done to determine the exact amount of the losses sustained by the citizens/taxpayers of the City of Spokane:
RPS Fraud Losses Sustained by the Taxpayers of Spokane
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2010/02/rps-bond-frauds-summary-and-analysis-1.doc
Ron_the_Cop on February 26 at 1:34 p.m.
Ms. Hatch,
Re case in point re the S-R’s lack of initiative on reporting the Savage murder case. Here’s the opinion letter that Asst. Scott Marlow sent to County Prosecutor Steve Tucker. Mind you there is a page and a half of caveats Marlow gives before finding that there was insufficient evidence to file a criminal case. Tucker cherry picked from Marlow’s letter and the press did not bother to press Tucker on this or to follow up with Marlow. Why?
The “insufficient evidence’ finding is because Tucker did NOTHING with the evidence he received from the feds. This evidence should have served as a starting point for Tucker to compel a complete and thorough criminal investigation that would have followed the evidence wherever it would have lead be done that was never done. Even the feds realized the Savage case needed review under exiting state law involving negligent homicide. That’s why they gave it to Tucker even though I complained to Asst. US Attorney Westinghouse at his press conference that he was in essence setting up the Savage case up for failure. Mr. Westinghouse stated at the time they had no reason to believe that Tucker would not do the investigation and review that was warranted. Well Mr. Westinghouse was wrong. Perhaps someone should check with Mr. Westinghouse on his statment after Tucker let the statute of limitation run out on the Savage case.
Read my Savage Manslaughter Case file here:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2010/01/savage-manslaughter-case.doc
Here’s Marlow’s letter to Tucker:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/04/ag-letter-03-27-09.pdf
And for that matter here’s my RICO case file:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2010/01/cowles-co-rico.doc
Please explain Ms. Hatch why is it Sheriff Bamonte, others and me that have to produce these documents and not the S-R reporters?
Det. Ron Wright
Professional Vitae
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/12/revised-resume-12-29-09.pdf
Hank_Tingler on February 26 at 3:47 p.m.
Perhaps Ms. Hatch should provide more justification for deleting Mr. Wrights postings, perhaps in an email to him so he can delete/modify what is causing the problem. Thats what “transparency” is about. Just wiping/deleting postings is rather disengenious to the public communications process and a discourtesy to the rest of us who would want to read it.
Either that or leave the posting as is and redline out the objectional parts.
Ron’s postings do tend to get a bit long and tedious. He should also start his own blob since “Mark Furhmam” has quite a lot of stigma attached go himself from the OJ fiasco of which Furhman was rather complaciant with.
Ron could give us the 25 words or less version then with a link to the rest of it.
zelda on February 26 at 4:51 p.m.
The only way to rock Spokane government on its heels is a sex scandal. Near as I can tell, there are no babes, stripper poles, porn or trading on the trappings of public office involved in this. Anything more complicated than that just makes people’s eyes glaze over.
Sadly, parking one’s butt on a case file until it goes away is a successful tactic. Gumption isn’t necessary for being Spokane prosecutor and I can see why — politically, it’s a springboard to nowhere. Much like a greenskeeper, the key skillset is battling pesky gophers. That keeps everyone at the country club content.
Ron_the_Cop on February 26 at 5:48 p.m.
Zelda,
LOL laughs I think. Unfortunately these is a very serious situation involving the death of Ms. Savage. The question that Sheriff Bamonte, the Savage? That’s the $64 question that our City refuses to address.
Hank Tingler,
Yeah you’re probably right. It’s an occupational hazard. As for FOF I started it when Fuhrman got the axe at KGA1510. I believe this was a hit much like KXLY TV Reporter Tom Grant got the boot at KXLY when he was reporting on RPS et al. Fuhrman did a stupid thing when he was led down the garden pathin the OJ Trial by F. Lee Bailey and answered a question on a non material fact in question that Bailey was able to hammer later on his credibility.
Yes I probably time to consider another blog name. I might use “Ron the Cop”. It’s an administrative hassle to set another blog because of all the post/doc archives. But I think I’ll take you up on your suggestion in the near future.
Yes I should probably post elsewhere and linking back. However on breaking stories it’s just easier to post in the S-R article threads.
Det. Ron Wright (Retired)
zelda on February 26 at 6:20 p.m.
Ron — I do take this seriously. My attempt at humor comes from feelings of futility. It’s hard not to be jaded, so I admire the doggedness and tenacity you and Tony are applying to this. There aren’t many news organizations that would pursue this much further. They don’t have the resources or the resolve. Good luck.
CalJones on February 26 at 11:40 p.m.
Pretty simple solution - electdavestevens.com
This election, let’s fire Tucker!
eagleproducer on March 01 at 7:03 p.m.
Zelda wrote: “Is the job that thankless because it serves mainly to prosecute lowlifes while protecting the interests of Spokane’s oligarchy?”
Priceless!
But just remember, Ron the Cop, et.al. blasted me recently for claiming law enforcement mainly serves the interests of the elite. I guess when that gloss applies to a current opponent instead of his professional career it’s easier to stomach.
Ron_the_Cop on March 02 at 10:13 p.m.
Spoketucky,
Ideally the people are the police and the police are the people:-)
Fix the systemic corruption problem in this city and you’ll fix the problem with the police.
Ron_the_Cop on March 02 at 10:15 p.m.
Hank Tingler,
Sorry 28 words. That’s about as short as I can make it:-)