Cell Phone Vancouver

Clark County prosecutor demoted over phone message

A 27-year veteran attorney of the Clark County Prosecutor’s Office — who has tried a number of high-profile criminals — has been demoted after leaving an explosive, profanity-laced two-minute voice-mail message on a defense attorney’s cellphone.

Clark County Prosecutor Tony Golik said Wednesday that he demoted Jim David from senior deputy prosecutor to deputy prosecutor, a move that cuts David’s salary. It wasn’t immediately clear how substantial David’s pay cut was, but deputy prosecutors generally make 5 percent less than their senior counterparts. The demotion is effective July 1.

Golik wouldn’t comment directly on David’s conduct, but said he felt the demotion was reasonable after listening to the voice-mail message and talking with David.

"I took what I felt was an appropriate action," the elected prosecutor said, later adding: "I would expect deputy prosecutors to act in a professional manner at all times."

The situation started May 25, when David received an email from defense attorney John Terry notifying him that the defense attorney was prepared to go to trial the following week. Terry was representing Matthew L. Coonce, arrested on March 3 on suspicion of possessing methamphetamine and stealing a car.

David was under the impression that Terry wanted to postpone Coonce’s trial, so David said he had already scheduled several conflicting appointments. The next day, he called Terry, telling him a trial would force him to "cancel my weekend."

"You’ve been telling me you wanted a continuance on the (expletive) case, and now you are telling me you want to go to trial next week," David said in the voice mail. "I’m (expletive) laying you out. This is absolute (expletive)."

David went on to say harsh words about Coonce.

"It’s coming out of your client’s hide if I have to go to trial next week, and there ain’t going to be no stinking offers," David said in the message. "There ain’t going to be nothing coming other than go to prison for a very long time."

Prior to trial, Terry filed a motion to dismiss the case because he felt David was guilty of telephone harassment and his actions unfairly prejudiced his client. Clark County Superior Court Judge Barbara Johnson denied the motion. The case went to trial and Coonce was convicted on June 3.

There wasn’t fallout — until this week when the publication Willamette Week published its regular "Rogue of the Week" column, highlighting David’s inflammatory message. Coincidentally, Golik decided on June 20 to demote David.

Why do vandals ¨riot¨ in Vancouver despite videos on cell phones ...

The traditional media have broadcast cell phone videos of young men vandalising police cars and looting department stores in Vancouver, following the failure of the Canucks to win the Stanley Cup.

Surely these young men knew that their actions were being recorded on cell phones and that this would lead to punishment.  Some of the looters even advertised the goods stolen from shops on facebook using their own names.

One of the well established facts in criminology is that it is certainty of detection that deters -  not the severity of punishment but this behaviour runs counter to this.  These vandals acted even though they will be arrested and punished.

One other well established fact in criminology is that young men are disproportionately involved in offending and being victims of violence.  In addition to testerosterone and alcohol, it is known that the part of the brain that helps make sensible decisions does not mature in men until 25.

Not only have the Vancouver police accessed these cell phone recordings but social media sites on facebook have facilitated people posting their cell phone videos.   The cell phone has become a tool to be used by the public to increase certainty of detection.  We will have to see whether it increases certainty of conviction as the cases go through the Vancouver courts.

Scientific evaluations of the impact of closed circuit television (CCTV) in the UK on young men fighting are very clear – more arrests but rarely less crime.  CCTV is used in entertainment districts where young men come fighting out of pubs as often as they did before but this time get charged.  CCTV even recorded the young men going to blow up the London subway but did not stop them killing and maiming people.

The cell phone videos also empower good Samaritans and the public who want to stop the vandalism.  They have recorded young women and other men acting against the vandals.  Hopefully the City of Vancouver will recognise their actions and the Province will award criminal injuries compensation to any one hurt.

Now academics are concerned about privacy as they have been with public closed circuit television.  Somehow, public actions in public places should not be recorded because it violates some arcane notion of privacy.

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