TACOMA, Wash. — A Kitsap County judge threw out all but one of the charges proponents presented as a legal basis to recall Pierce County Prosecuting Attorney Mark Lindquist. A recall attorney said that's a victory.
"Depending on whether or not he appeals, that will determine when we can start to gather signatures," said Recall Mark Lindquist attorney Jeff Helsdon.
Lindquist said Judge Jay Roof determined 11 of the 12 charges were what he called absurd. "As to the 12th charge, he did not find that it was true, but rather that voters should be able to take a look at it," Lindquist said.
The recall now hangs on a single allegation.-- a child rape case against Lynn Dalsing filed in 2010 that was thrown out of court by a judge accusing Lindquist and a deputy prosecutor of vindictive prosecution.
"That's the charge that is the most significant because it shows the significance of his abuse of power as prosecutor," Helsdon said.
Lindquist stands by Dalsing's prosecution, saying it was based on evidence.
"The evidence showed that she assisted in the crimes of child rape, molestation and sexual exploitation of a minor. Judges repeatedly found probable cause for the charges."
Lindquist has not said whether he will appeal the remaining allegation. Helsdon said if it goes to appeal, the special election would likely take place next spring, if enough signatures can be gathered from Pierce County voters.
KIRO
