• Home
  • News
  • Did Affair With Mom Help Prosecute Son?

Legal Ethics

Did Affair With Mom Help Prosecute Son?

Posted Aug 7, 2007 3:16 PM CST
By Martha Neil

A prosecutor in Washington state has been accused of gaining information through an affair with the mother of an arson defendant to help prosecute her 17-year-old son.

Lewis County Prosecutor Michael Golden reportedly admits he had a relationship with Kristine Wallace, but denies any wrongdoing, saying that the relationship ended when her son, Zachary Hughes, was arrested, according to the Associated Press.

However, Wallace contends, in court filings made by her son's defense lawyer, Jonathan Meyer, that she had detailed conversations with Golden about her son's case. As AP puts it, Wallace also said "she shared information with Golden about conversations she had with her son's attorney and had text-message conversations with Golden after court appearances."

Meyer has filed petitions to dismiss the case and to disqualify the county from prosecuting it. "I was shocked," he says of the allegations. "This is the first time I've heard of something like this."

Meanwhile, another AP story reports that Golden has been accused by a different attorney, in a separate incident, of having a relationship that he failed to disclose with the mother of an alleged assault victim. Golden reportedly prosecuted the convicted offender for failing to register. The accusing attorney, Don Blair, was his opponent in last year's election for the county prosecutor post.

Golden says that this second accusation is baseless.

Comments

1.

Marie Sornen
Aug 10, 2007 9:25 PM CST

Um…since when would the conversation between a non-client and an attorney be privileged? And the text-messages, so what they were about court appearances … PUBLIC appearances.  Unless I am mistaken, even ultra liberal Washington state doesn’t have a parent-child communication privilege.

Yes, what the DA did was smarmy but not illegal and its a stretch to say its even unethical

2.

James Reed
Aug 11, 2007 7:35 AM CST

One of the questions raised by this behavior would be at what point does a private actor become a government actor? In other words, at what point did Mr. Golden say to himself, or others, “This is my job. I’m a prosecutor and I’m gathering information to prosecute a crime.” Each of us has some reasonable expectation against intrusion into our homes, into our bedrooms, including Ms. Wallace. Were her rights violated? What she led to the bedroom under false pretenses? That is a separate issue, perhaps. However unless, as a society, we are comfortable with the notion that deceipt has become an acceptable tool for officers of the court to use in order to extract information from unsuspecting erstwhile paramours, then I would suggest that the issue is more about search and seizure than it is about client privilege. Mr. Golden appears to have been acting as an investigator of criminal conduct. Is the evidence gathered suspect as a result of the method by which it was collected?

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting has expired on this post.