Man Held In Robbery Sues Over Extended Jail Time

A man arrested in 1996 for attempted robbery of a convenience store filed a lawsuit Monday against Spokane County officials, saying they kept him in jail two weeks longer than the law permits.

Keith Dafler, 39, is seeking unspecified damages from Spokane County Prosecutor Jim Sweetser, Deputy Prosecutor Kathryn Lee and Sheriff John Goldman.

Dafler was charged in May of 1996 for the attempted robbery of the Maid O’ Clover store on North Hamilton.

He remained in jail 74 days but was released, despite a store clerk insisting he could identify Dafler as the would-be robber.

Dafler was let go when prosecutors realized they had failed to meet the 60-day speedy trial deadline.

County attorneys say they see eight to 10 lawsuits every year from people contending they were held in custody too long.

Most are rejected. Some, however, end with a cash payout by the county, said deputy prosecutor Tim Durkin, who handles civil claims for Spokane County.

That happens “when it’s in the best interest of the county,” Durkin said.

Dafler’s lawsuit, on the other hand, “is absurd. There’s absolutely no liability here by the county at all,” Durkin said.

Dafler’s attorney, Mark Prothero, said he’s willing to drop the suit for a “fair” settlement.

Prothero first had to file a claim with the county. He asked for $150,000 in damages for Dafler’s “wrongful imprisonment and malicious prosecution.”

County attorneys never replied to Dafler’s claim, leading to the lawsuit.

Sweetser said he’s certain Dafler’s lawsuit has no merit.

Dafler, who has several felony convictions for theft, drugs and forgery, was accused of walking into the store with a shirt covering his hand. A store videotape shows a man holding the hand as though it were a gun, then demanding cash from the clerk.

When two other customers entered, the man wanting money ran.

The store clerk and police later identified Dafler as the man in the tape.

Deputy Prosecutor Lee dismissed the attempted robbery charge on July 29, 1996, saying the evidence against Dafler was “thin.”

Prosecutors later admitted the dismissal came because they had not taken Dafler to trial within 60 days of being charged.

, DataTimes