ASOTIN — The defense scored a victory Thursday in the ongoing Scott Gallina scenario.
In his most recent ruling, Spokane County Decide Michael Value claimed the state’s proposed testimony from numerous courthouse personnel who have built allegations against Gallina will not be authorized at demo.
Gallina is a former Excellent Court docket choose who served in Asotin, Garfield and Columbia counties for five decades before staying arrested in 2019. He has been billed with 2nd-degree rape, indecent liberties and third-diploma assaults in opposition to two of his previous co-employees.
Previous Friday, Selling price read oral arguments on the testimony challenge from attorneys for the protection and condition. He also reviewed their prepared briefs and circumstance law ahead of generating a ruling about whether statements from 15 gals reporting varying degrees of misconduct would be authorized.
Proof of earlier undesirable functions is presumptively inadmissible, the decide determined, and in near scenarios, the equilibrium should be tipped in favor of the defendant.
“Careful consideration and weighing of both of those relevance and prejudice is especially vital in sexual intercourse crime circumstances, in which the possible for prejudice is at its optimum,” Selling price wrote in his order. “This is so since once the accused has been characterized as a man or woman of abnormal bent, pushed by biological inclination, it looks comparatively quick to get there at the summary he must be guilty.”
In addition, the condition unsuccessful to meet up with its stress on what is recognised as the 404(b) challenge in regard to motive, intent, and popular scheme or system, Rate claimed.
Having said that, on another problem, Rate ruled in favor of the condition. The defense needed to suppress Gallina’s statements to an investigator from the county’s insurance coverage provider, but these will be authorized at trial, the decide explained.
In the spring of 2019, several girls were being interviewed by Chad Hoff of Distinct Risk Answers after alleged sexual misconduct was noted to Asotin County human methods. The Washington State Patrol took about the investigation, which resulted in the attorney general’s fees versus the defendant.
Gallina, who denies all wrongdoing, was arrested at the Asotin County Courthouse on April 10, 2019. His demo has been delayed many situations since of the pandemic and other problems. The Clarkston resident is no more time on the county payroll and continues to be out of custody on bond.
Seattle lawyers Melanie Tratnik and Sean Waite are dealing with the prosecution on behalf of the Attorney General’s Office, and Spokane attorneys Carl Oreskovich and Andrew Wagley are representing Gallina.
No trial date has been established.