The jury that hears the case against Pierce County Superior Court Judge Michael Hecht won’t get information on the complete criminal records of some of the prosecution’s chief witnesses if assistant state attorney general John Hillman gets his way.
In a motion filed last week, Hillman asked the King County judge presiding over the case, James Cayce, to exclude portions of those witnesses’ records from the trial.
Hecht is charged with one count of felony harassment and one misdemeanor count of patronizing a prostitute. He’s pleaded not guilty and is to go to trial in September.
The assistant attorney general wrote in his motion that some information about his witnesses’ criminal pasts should be kept away from jurors because it is too old, too prejudicial or irrelevant.
Such requests are common in criminal matters where people convicted of crimes are called to testify. Opposing attorneys often try to use a witness’ criminal history to attack his or her credibility.
The law allows testimony about a witness’ criminal past if the conviction is for a felony or any kind of “crime of dishonesty.” In both cases, the conviction must be less than 10 years old. Crimes of dishonesty include theft and forgery.
At least seven of the state’s 32 listed witnesses have criminal pasts.
They include Joseph Hesketh IV, who accuses Hecht of threatening to kill him, and Joseph Pfeiffer, who told police and The News Tribune that Hecht paid him for sex on numerous occasions during the past two years.
Pfeiffer since has changed his account, saying he’s had sex with Hecht and received money from the judge but that the money was not in return for the sex.
Hesketh has convictions for creating a public disturbance, vehicle prowling, petty theft, escape and driving without a valid license, all misdemeanors. Hillman said in his motion that the convictions for vehicle prowling, theft and escape arguably are admissible but the other two crimes should not be admitted.
Pfeiffer has adult convictions for misdemeanor theft, unlawful use of drug paraphernalia, criminal trespass, felony theft and drug possession as well as juvenile convictions for malicious mischief and theft, according to Hillman’s motion.
The assistant attorney general argued that only Pfeiffer’s adult convictions for misdemeanor theft and felony theft are arguably admissible.
Hillman’s request to suppress some of his witnesses’ criminal records comes at the same time he is asking that Cayce admit as evidence prior “bad acts” allegedly committed by Hecht even though the judge was never charged with crimes.
Hillman said the evidence is necessary to show Hecht had a motive to threaten Hesketh and to show a pattern of the judge cruising downtown Tacoma picking up young male prostitutes.
Hecht’s attorney, Wayne Fricke of Tacoma, said last week that he plans to fight the motion to admit evidence of his client’s alleged bad acts.
“It is a bit amusing that (Hillman) should be able to get in all these allegations about my client, but he thinks he should be able to present a clean case,” Fricke said.
In another motion filed last week, Hillman opposes Fricke’s request to move Hecht’s trial out of Pierce County. Hillman said the lawyers won’t know whether they can seat an impartial Pierce County jury to hear the case until they try.
Fricke contends that coverage of the case in The News Tribune has poisoned the local jury pool.
Arguments on the change of venue and Hillman’s request to admit Hecht’s alleged bad acts are scheduled for Thursday. Arguments over the suppression of the witnesses’ criminal records likely will come closer to the trial date.
Adam Lynn: 253-597-8644
adam.lynn@thenewstribune.com
blogs.thenewstribune.com/crime
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