by: Amy Clancy Updated:SEATTLE —
KIRO 7 reporter Amy Clancy was the first to report in November 2012 that Jennifer Grant, then a supervising prosecutor for the Seattle City Attorney's Office, moved her husband's Honda Pilot shortly after his arrest for rape in September 2012.
Now new documents filed in King County Superior Court show that Jennifer Grant moved her husband’s car twice.
The new documents also reveal that Jennifer Grant and prominent criminal defense attorney David Allen, who represented Danford Grant in the days following his arrest, have different recollections about why that car was moved.
Washington state’s Motion to Resolve Potential Conflict, filed last week by King County prosecuting attorney Dan Satterberg’s office, indicates a possible conflict of interest because Allen no longer represents Danford Grant, but that Allen's law partner, Richard Hansen, does.
Because of the issue of the relocation of the car, Allen could potentially be called to testify at Grant's upcoming trial.
According to the State’s Motion, Jennifer Grant told investigators that, "Allen directed her to locate, and pick up the Honda Pilot and to move it to another family member's home rather than bring it back to her own home.”
The documents further reveal that Jennifer Grant “and the family member, (her aunt) specifically went out to find the car so that they could move it to another location.”
That family member is the one who drove the Honda Pilot to her home in Auburn, according to documents also filed last week by Hansen’s office.
The Honda Pilot remained in the Auburn garage for two days. According to the motion, "Allen denied" that he told Jennifer Grant to move the vehicle to a family member's home. All this happened, despite the fact that Seattle police filed a search warrant seeking access to the Honda Pilot. According to documents, "Allen knew the warrant covered the car."
Neither Allen nor Jennifer Grant told police where the vehicle sat on a Wedgwood street one mile from the Grants' home until four weeks later, and only then through another attorney, Drue Kirby-Coats, of Bellevue.
Jennifer Grant has never commented publicly about the charges facing her husband. However, according to the just-filed documents, she admitted to investigators that she "found and removed her husband's wedding band and the key card to Grant's office building" when she moved his car.
Jennifer Grant also claimed to have returned both items - but the wedding ring was not found when the car was searched.
Also never found, a "folding knife" that victims claim Danford Grant used in three of the alleged sexual assaults. In the motion, and in prior documents filed in King County, Jennifer Grant "denies taking anything else from the vehicle." According to the Motion, Allen told Jennifer Grant “not to remove anything from the car.”
The new documents reveal that "relocation of the car and the removal of the items is potentially evidence of consciousness of guilt and/or tampering with evidence. As a witness to these events, Mr. Allen could be called to testify by either party."
Jennifer Grant most likely would not be compelled to testify, however, because of “marital and spousal privileges.”
As part of the motion, the results of the city of Seattle and Seattle City Attorney’s Office’s “privileged and confidential” investigation into Jennifer Grant’s actions in the days after her husband’s arrest were also filed.
Jennifer Grant resigned from her job at the Seattle City Attorney’s Office last summer. The investigation by private firm Garvey Schubert Barer of Seattle was finished on June 7, 2013, and determined that Jennifer Grant’s “movement of the vehicle from Greenwood to Auburn, as seen from the perspective of a reasonable person, would only hinder or delay law enforcement’s investigation into Danford’s crimes.” The investigation also determined that “Ms. Grant claims she was acting at the direction of her husband’s criminal defense counsel (David Allen) when she moved the Honda Pilot (with the aid of a family member) from the Greenwood area to the family member’s home in Auburn, Washington. According to Ms. Grant, Allen advised her that the Honda Pilot was not relevant to Danford’s case or sought by law enforcement. If Allen made such a representation, it was inaccurate… ”
Reached via email for comment about the case, Hansen, Danford Grant’s current attorney, wrote: “The more pertinent question is why the police left Dan Grant’s vehicle at the alleged crime scene where it was parked on the street in plain view for two days after his arrest, with full knowledge of the make, model, color and license plate number, and after seizing his car key incident to his arrest. The car was parked in a bad neighborhood and it did not appear that the police had any interest in it until after it was moved. A noted ethics professor and former prosecutor was consulted before the move occurred and approved of it.”
Danford Grant is currently out of jail on bail awaiting trial, which has been continued to May 5, 2014. He's charged with seven counts of rape, attempted rape and burglary. If convicted, he could face 25 years or more behind bars.
The new documents also reveal that even though a folded knife has never been found, Danford Grant did have "a black, realistic-looking pellet gun" in his car, along with a cellphone, black stocking cap, a bottle of Cialis, a video camera, two thumb drives, an iPad and a laptop.
According to the motion: "Forensic analyses of the electronics have revealed relevant evidence."