Judge Tosses Out Tampering Charge In Geiger Case Videotape Used At Hearing Not Evidence

A Spokane County judge has dismissed charges of evidence tampering against a Geiger Corrections Center employee in a case that has cost taxpayers tens of thousands of dollars and continues to grow more costly.

Michael Horstman was accused of staging events in a videotape used as evidence against corrections worker Sunny Pilkington, who was fired for allegedly hugging an inmate in 1992.

Pilkington won back her job at a 1993 arbitration hearing and this week filed a harassment claim against the county, seeking at least $500,000 in damages.

District Court Judge John Madden did not rule on whether Horstman rigged a light switch in the videotape, as special prosecutor Dan Catt alleged.

Instead, Madden agreed with defense attorney John Clark that an arbitration hearing is not “an official proceeding,” since witnesses don’t testify under oath. That means the videotape was not evidence, so the charge of tampering doesn’t apply.

Horstman could not be reached for comment Friday.

“My client is very relieved that this long ordeal may be over,” said Clark. “We feel vindicated by the court’s ruling today.”

Geiger investigator Edwin Rosario, who helped make the tape, also was charged with evidence tampering. Madden threw out the charges against him in November, when Catt didn’t show up for a court hearing.

Catt’s bosses in the city prosecutor’s office are reviewing his performance in the case. That review is not yet completed, said city attorney Jim Sloane.

According to court documents, the videotape shows a room where Horstman said he saw Pilkington and a male inmate alone in the dark. It shows him turning on lights with a switch that was never connected to them, Geiger employees said.

Pilkington contends she had no choice but to be in the dark while she searched for the real light switch, which was in another part of the building.

Arbitrator Carlton Snow wrote after the November hearing that Horstman “had strong motivation to be dishonest,” since Pilkington had reported him for allegedly drinking on the job.

Also, Snow noted, Horstman was promoted to Pilkington’s position after she was fired.

Neither Pilkington nor her attorney, Carl Maxey, could be reached for comment. Maxey has said his client will sue the county if her claim of civil rights violations is rejected.

The case so far has cost taxpayers more than $80,000.

Rosario was on paid leave for four months, at a cost of about $15,000.

Horstman also has been on paid leave since late July. Geiger officials could not be reached Friday, and it is not clear when he will return to work. His wages while on leave are at least $13,000 so far.

“He looks forward to going back to work,” said Clark.

Pilkington received back wages for the 20 months she was off work, at a cost of at least $42,000.

Those figures don’t include benefits. And since charges were dismissed against Rosario and Horstman, the county may pay their legal expenses.

That decision won’t be made until commissioners are briefed by county risk manager Claude Cox, said Commissioner Steve Hasson.

, DataTimes