by: Amy Clancy Updated:
SEATTLE - A tight-knit group of high powered lawyers came to Danford Grant's defense when he was arrested for rape.
But now one of those lawyers may have to take the stand because of the legal advice he gave.
King County prosecutors may call long-time Seattle criminal defense attorney David Allen to testify because Danford Grant's wife, Jennifer Grant, says Allen told her to move her husband's car.
Jennifer Grant --- a former supervising prosecutor for the Seattle City Attorney's Office and current pro tem judge for the Seattle Municipal Court --- was investigated for evidence tampering, but never charged with a crime.
Now, before the trial moves forward this spring, the state wants to make sure that Danford Grant knows his current lawyer, Richard Hansen, may have to question David Allen --- Hansen's own friend, neighbor and law partner for more than 30 years.
During a hearing today in King County Superior Court, Senior Deputy Prosecuting Attorney Corrin Bohn said that Danford Grant "needs to acknowledge that there is a potential for conflict. And he needs to acknowledge and waive a potential of conflict with Mr. Hansen, not just Mr. Allen."
Danford Grant was arrested in September of 2012, and charged with raping multiple massage therapists at clinics in Bellevue and Seattle. In the days after his arrest, Danford Grant's wife moved her husband's Honda Pilot to her aunt's garage in Auburn. KIRO 7 reporter Amy Clancy was the first to report that Jennifer Grant claims David Allen told her to move the car.
So now Allen may be called to testify, although Monday in court Danford Grant said he thought Allen would be protected by lawyer-client privilege, along with his wife. "The state is not able to call Mr. Allen. The state is not able to call my wife if I choose not to call them, so I'm a little confused about that," Danford Grant told the judge.
However, Judge Mary Yu made it clear that Allen may indeed have to take the stand.
"There is a possibility, without piercing any privilege, that Mr. Allen would be called to the stand and questioned," Yu said. "In that particular scenario the only concern for me is, would you feel comfortable that your lawyer representing you in this matter is his business partner, long-time friend, neighbor? And that there might be some divided loyalty?"
Hansen assured the court that his loyalty lies with Danford Grant and that he has "bent over backwards to keep my distance from that whole controversy," meaning the advice to move Danford Grant's car.
Danford Grant said he feels comfortable moving forward with Hansen as his attorney and waived any potential conflict of interest claims.