That was the first request District Court Judge Ronald H. Reynier made to defense attorney Brian Pruett in court last Thursday. Pruett represents Stevenson city council member Lucy Lauser, who faces a criminal charge for indecent exposure.
It was Lauser’s fifth court appearance since she was arrested July 4 during what she argues was a political protest in downtown Stevenson. Lauser, who is a transgender woman, says she took off her top in public to highlight the need for transgender protections and rights.
The case was first delayed due to a conflict of interest in the prosecutor’s office — Skamania County prosecutor Adam Kick brought the charges, but his office also represents the City of Stevenson, where Lauser is an elected official.
Kick tried to find a different venue to take the case but says he has had no luck, citing “political implications” of the case that “people find uncomfortable.”
In early October, Pruett told Judge Reynier he planned to file a so-called Knapstad motion, which lets defendants request a case be dismissed due to a lack of evidence. Both sides must agree on the facts of the case before a judge can consider the motion.
In court last week, Pruett blamed himself for the delay, saying he had provided a statement of the facts for prosecutors to review only a few days earlier. “I think we are going to have agreed facts,” he told the judge.
Deputy prosecuting attorney Elise Howard acknowledged she had received Pruett’s statement and is “working on our suggested edits, and what we would like to see in the agreed facts.” She also told Judge Reynier that her office has prepared paperwork to resolve the conflict of interest concern.
“That’s the first step,” the judge told her. “So your office can prosecute, rather than be in a position of not knowing quite what to do.”
He noted that he has not received any paperwork from either side so far, but suggested he’d like to see it soon. “The longer this case runs, the more problematic it starts to look to the public as to the court doing its job and getting cases resolved,” Judge Reynier said.
Arguments were set for Monday, Nov. 17 (after press deadline) — with motions due no later than the prior Friday.
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Emily Harris is a co-founder and Uplift Local’s Community Journalism Director, overseeing the local newsroom network and the Documenters program.
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