Pasco councilman wants molestation case dropped because of deputy prosecutor threats

The attorney for a Pasco councilman says his child molestation case should be dismissed because the investigation has been hindered by a deputy prosecutor’s threats.

Chi Flores won’t get a fair trial in Franklin County Superior Court because police never talked to his daughter, who was in the room both times the alleged victim claims she was sexually assaulted, said Scott Johnson.

A special interview by a trained child advocate was scheduled earlier this month, but Johnson said he was forced to cancel it after Deputy Prosecutor Maureen Astley “engaged in threats and bullying.”

Johnson, in his motion, said he refused to expose his client to the risk of new charges, even after he repeatedly told the prosecutor that Flores would avoid all contact that day with the girl and her family. The interview with Flores’ daughter was supposed to happen immediately after an interview with a member of the victim’s family.

“The lack of a forensic interview of (Flores’ daughter) will likely cause the jury to give (the alleged victim’s) testimony more weight than that of (the daughter), through no fault of Mr. Flores,” Johnson wrote in his motion. That situation, created by the deputy prosecutor, infringes on Flores’ fair trial rights, he said.

The defense is asking that either the case be dismissed based on prosecutorial misconduct or deputy prosecutor be required to testify at the trial.

Since the defense request was just filed Wednesday, Astley has not yet submitted a written response. Prosecutor Shawn Sant on Friday said they were still reviewing Johnson’s claims. A judge will hear arguments on the issue Tuesday.

Flores’ trial on two counts of first-degree child molestation is set to start the following day. However, if the defense request is denied, Flores likely will waive his right to a speedy trial so they have more time to prepare.

The young girl reported that earlier this year she was inappropriately touched by Flores on two separate occasions when she was at his house.

Flores, who represents District 4, was appointed to the Pasco City Council last year. His term is up at the end of December. He sought to retain his seat, but was beat out by two challengers in the August primary.

Johnson previously told the Herald “there is absolutely no truth to the allegations at all.”

In his motion, Johnson questioned why investigators and prosecutors have never interviewed Flores’ daughter. He said she “will testify in direct contradiction to the allegations made.”

The defense wanted his daughter interviewed. As the date approached, Astley asked if anyone other than Flores could bring his daughter to the interview so there would be no conflict with any other witnesses.

Johnson, who attached the email exchange to his motion, said he didn’t see the issue and that his client would stay outside until other witnesses had left.

Astley called it “curious” that Flores insisted on being there and pointed out that he could face a new charge for violating a no-contact order.

In a terse response, Johnson said it was troubling that Astley had threatened his client and said he thought she just made herself a witness in the case.

The defense motion says that “simple mismanagement is sufficient” for a judge to find governmental misconduct in a case.

Johnson said if a judge denies the dismissal, they should consider ordering Astley to testify because she’s the only one who can talk about the conditions she set for the interviews or the threats she made to Flores.

The testimony of one child compared to another is likely to decide the case before a jury, he argued.

This story was originally published September 22, 2017 at 8:23 PM with the headline "Pasco councilman wants molestation case dropped because of deputy prosecutor threats."