No Conspiracy, Top Prosecutor Testifies About Manager’s Firing
By Adam Lynn, The News Tribune, Tacoma, Wash.
Jul. 30–Barbara Corey’s lawsuit against Pierce County is essentially a “he said, she said” case.
On Tuesday, a King County jury got to hear from the “he said” side of the equation: Pierce County Prosecuting Attorney Gerald Horne.
Horne spent the day on the stand, explaining why he fired Corey as his third in command in 2004 and why he released information to The News Tribune about her termination.
Corey has sued the county for wrongful termination and defamation, claiming Horne fired her without due process after another personnel move erupted in controversy, then trashed her reputation.
Tuesday’s testimony pitted Horne against another well-known legal figure in the county, personal-injury attorney Jack Connelly.
Horne showed his frustration several times, and King County Superior Court Judge Bruce Heller admonished him at one point when Horne told Connelly to highlight “some of the negative” comments about Corey published in a newspaper article.
“Mr. Horne, let’s not suggest how he do his job,” Heller said. “Just answer the question.”
“I’m sorry, your honor,” Horne replied.
Using a variety of internal e-mails and letters, Connelly tried to portray Horne’s actions in early 2004 as a conspiracy to get Corey out of his office and damage her reputation.
He accused Horne of going to The News Tribune with information about Corey’s firing in violation of his office’s confidentiality policy and of making disparaging remarks about her in subsequent articles.
“You went straight to the press, and you told the press you’d fired Barbara, correct?” Connelly asked a one point during the morning’s testimony.
Horne angrily denied it.
“The reporter came to me,” he said, referring to former News Tribune reporter Karen Hucks. “I did not go to her. I did not call her. She came to me.”
Connelly told Horne that the prosecutor knew newspaper articles were coming, so he pushed an internal investigation into Corey’s handling of cash raised for colleagues experiencing family difficulties so he could get it into the papers.
Investigator Frank Clark testified Monday that he tried to determine if Corey had used some of that cash for her personal needs. Charges were never filed.
Horne denied he was out to get Corey but said her actions raised questions that needed answers.
“She was borrowing money at the same time she was collecting money for these matters, and she appeared to be in a terrible financial situation,” Horne testified.
Connelly then pressed Horne on what he told the news media. He suggested that the prosecutor “contacted the press” to spread negative information about Corey. The attorney said Horne told The News Tribune that the State Patrol had agreed to investigate the case before any files were given to that agency. What’s more, Connelly said, the State Patrol declined to investigate.
“Mr. Horne, the question is, You knew it would have a substantial likelihood of heightening the public condemnation of Barbara Corey, correct?” the attorney asked.
“No, I did not,” Horne replied. “And I think it was proper for me to make those comments. We routinely tell the press when we refer an investigation to another agency.”
The two also sparred over whether Corey or Horne told the truth about who ordered the transfer of deputy prosecutor John Neeb. It was Neeb’s transfer that set off the chain of events that led to Corey’s downfall.
Corey suggested moving Neeb because he was reputed to have a bad attitude that was rubbing off on young attorneys in the sexual assault unit, Horne testified. But rather than tell Neeb that, Horne said he told Corey to put “a positive spin” on the move by touting the advantages of the transfer, including that Neeb could learn from the juvenile division’s chief at that time, Ed Murphy.
Many people in the office opposed the move, seeing it as a demotion. Neeb was the prosecutors guild president at the time, and the union was negotiating with the county on a new contract.
When the decision to move Neeb blew up, Horne, who had approved the move, was looking for “a way out” of a dispute with the guild, Connelly said, so he put the blame on Corey.
“No, I wasn’t looking for a way out,” Horne said. “I was looking to do what I feel is right and best for the office.”
The trial is set to resume today, and Corey is expected to give her side of the story sometime next week.
Adam Lynn: 253-597-8644
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