Police made report on judge’s park behavior

City Councilwoman Cherie Rodgers questioned Monday why the Spokane Police Department initially told journalists last month that no report was filed about an encounter in Riverfront Park involving lewd conduct accusations against a visiting federal judge.

A couple jogging in the park on July 21 encountered the federal judge with his pants askew. The man was looking at an image on his cell phone and his right arm was moving in such a way that indicated to the witness that he was masturbating, according to the police report obtained later by the newspaper through a records request.

The judge said last week that the couple simply misconstrued his actions. He told police that he was checking a mark or mole on his leg that he feared could be cancerous.

Hours after the incident took place, Deputy Chief Al Odenthal told a Spokesman-Review reporter that no report was taken because the officer could not find any evidence that a crime occurred.

About the same time, Rodgers said city spokeswoman Marlene Feist told her and other city hall employees about the incident and that children may have been present.

“So many people heard about this and then we didn’t see anything more about it,” Rodgers said. “I assumed somebody was looking into it and would file a report. Then I started getting calls from the media on Monday, and they said they were told by the Police Department that there was no report.

“That’s why I made the comment that I thought they were trying to cover this up.”

However, Deputy Chief Bruce Roberts on Monday said a report was taken that was later reviewed by himself, Assistant Chief Jim Nicks and three prosecutors. All agreed that the officer didn’t have enough probable cause to charge the judge with lewd conduct.

“If it occurred, it’s an embarrassing thing for the city, so let’s make sure it’s documented completely,” Roberts said, explaining their thinking. “We tried to go the extra step in that process.”

Because of all those steps, Odenthal may not have known a report had been filed, Roberts said. Plus, the case involved only a misdemeanor investigation.

“That’s not something we make a press release out of,” Roberts said. “That’s treating somebody differently just because they were a federal magistrate as opposed to a private individual.”

Last week, Odenthal said he has since learned that a report was taken.

He also told a reporter on July 21 that the judge claimed that he was checking a bee sting near some shrubbery when questioned by officers. However, the report makes no mention about a bug bite or bushes.

Asked about the discrepancy, Odenthal said: “That was the information relayed to me in the hallway from someone who had not been at the scene. I would stand by the statements made to the officer.”