Thursday, June 30, 2011

Question for TV Tony Golik: why wasn't he fired?

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It wasn't because he was a campaign supporter, was it?


Tony Golik is congratulated by the crowd along with his wife Cathy and Jim David at the Atrium after hearing of his win for Prosecutor.


Jim David's conduct should have resulted in his termination.  But it didn't.  Today's quiz question is this: why wasn't he?

His conduct has put a huge black eye on the face of the prosecutor's office in Clark County.  And Golik has let him get away with it.  And if you don't believe it's a huge black eye, then run a google search on this guy.

Prosecutor demoted over phone message

Profanity-laced tirade against defense attorney punished

Lyle Patterson, the father of Hudson’s Bay teacher Gordon Patterson, meets Clark County Deputy Prosecuting Attorney Jim David in January 2010 after Antonio Cellestine was sentenced to five years in prison in Gordon Patterson’s hit-and-run death. David has been demoted over a voice-mail message he left on a defense attorney's cellphone.
Lyle Patterson, the father of Hudson’s Bay teacher Gordon Patterson, meets Clark County Deputy Prosecuting Attorney Jim David in January 2010 after Antonio Cellestine was sentenced to five years in prison in Gordon Patterson’s hit-and-run death. David has been demoted over a voice-mail message he left on a defense attorney's cellphone.
Deputy Prosecutor Jim David, pictured here on his Facebook page, was demoted for leaving an explosive voice-mail message on a defense attorney’s cellphone.
A 27-year veteran attorney of the Clark County Prosecutor’s Office — who has tried a number of high-profile criminals — has been demoted after leaving an explosive, profanity-laced two-minute voice-mail message on a defense attorney’s cellphone.

Clark County Prosecutor Tony Golik said Wednesday that he demoted Jim David from senior deputy prosecutor to deputy prosecutor, a move that cuts David’s salary. It wasn’t immediately clear how substantial David’s pay cut was, but deputy prosecutors generally make 5 percent less than their senior counterparts. The demotion is effective July 1.

Golik wouldn’t comment directly on David’s conduct, but said he felt the demotion was reasonable after listening to the voice-mail message and talking with David.

“I took what I felt was an appropriate action,” the elected prosecutor said, later adding: “I would expect deputy prosecutors to act in a professional manner at all times.”

The situation started May 25, when David received an email from defense attorney John Terry notifying him that the defense attorney was prepared to go to trial the following week. Terry was representing Matthew L. Coonce, arrested on March 3 on suspicion of possessing methamphetamine and stealing a car.

David was under the impression that Terry wanted to postpone Coonce’s trial, so David said he had already scheduled several conflicting appointments. The next day, he called Terry, telling him a trial would force him to “cancel my weekend.”

“You’ve been telling me you wanted a continuance on the (expletive) case, and now you are telling me you want to go to trial next week,” David said in the voice mail. “I’m (expletive) laying you out. This is absolute (expletive).”

David went on to say harsh words about Coonce.

“It’s coming out of your client’s hide if I have to go to trial next week, and there ain’t going to be no stinking offers,” David said in the message. “There ain’t going to be nothing coming other than go to prison for a very long time.”

Prior to trial, Terry filed a motion to dismiss the case because he felt David was guilty of telephone harassment and his actions unfairly prejudiced his client. Clark County Superior Court Judge Barbara Johnson denied the motion. The case went to trial and Coonce was convicted on June 3.

There wasn’t fallout — until this week when the publication Willamette Week published its regular “Rogue of the Week” column, highlighting David’s inflammatory message. Coincidentally, Golik decided on June 20 to demote David.

Asked if he expected any more fallout from the event, Golik said Wednesday: “I don’t know.”

When reached by telephone, David explained the situation as a “one-time thing of extreme frustration.” He said he was upset at Terry for wanting to rush forward to trial after first giving him the impression he needed more time on the case.

He said he’d been stressed from working long hours to open an elder abuse center for the prosecutor’s office.

“Unfortunately, I made a call and said things I shouldn’t have said,” David said. “Although inappropriate in the professional sense, there was not a legal issue with them.”
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It pays to be a campaign supporter of ol' TV Tony, eh?

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