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Recall hearing on
Spokane mayor delayed, e-mails to be released

Recall hearing on
Spokane mayor delayed, e-mails to be released

A hearing on the legality of an attempt to recall Spokane, Wash., mayor James E. West has been delayed by a last-minute court filing by lawyers for the mayor, who is embroiled in a gay sex scandal. Meanwhile, city attorney Michael F. Connelly said he would release as many as five large binders of West's office e-mail within several days, material drawn from as many as 12,000 messages that were found in the mayor's computer, according to reports in The Spokesman-Review on Thursday. The compendium is being prepared for release in response to requests from news organizations under the state's public records act. E-mail considered confidential under state and federal law--including material on personal health, city legal matters, some personnel dealings, attorney-client privilege, and privacy issues--will not be released, Connelly said. "We are going to try to err on the side of fullest disclosure if we can," he said Wednesday. "Anything we don't release we'll identify." In court William F. Etter, a lawyer for West, handed Shannon Sullivan the mayor's response to her recall charges moments before the hearing began Wednesday. The 14-page brief argued that the recall petition should be dismissed as "vague, imprecise, conclusory, and factually and legally insufficient." Visiting Benton County superior court judge Craig J. Matheson continued the hearing until Monday to give Sullivan time to read and respond to the brief. "I just want to make sure we get a reasonable opportunity for both sides to be heard," Matheson said. Matheson must determine whether the three recall charges against West are legally and factually sufficient to proceed. Spokane County judges recused themselves, citing West's previous work as a sheriff's deputy and his long involvement in local government and politics. Sullivan, representing herself without a lawyer, said she was surprised by the last-minute filing but grateful for additional time "to do my homework." "I have faith I can prove the allegations in my petition," she said outside the courtroom. West, who has denied breaking the law, said last week he expects the recall effort to fail. Should Matheson allow the recall to proceed, Sullivan would have six months to collect at least 12,600 valid signatures of registered voters to put the issue on the ballot. She started the campaign accusing West of misfeasance after The Spokesman-Review reported that he used a city-owned computer to interact with young men on a gay Web site. She said he solicited young men to become interns "for his own personal purposes" and hurt the city's reputation. Sullivan said she acted after finding herself at a loss to explain newspaper reports of West's behavior to her son. The Spokane city council, local and state Republicans, and some local civic and business groups have asked West to step down. Under the city's strong-mayor system of government, however, only a recall can remove him from office. In a series of articles beginning last month, The Spokesman-Review reported claims by two men that West molested them when they were children and he was a sheriff's deputy two decades ago. West has vehemently denied those allegations. The newspaper also reported that West more recently visited an Internet gay chat room and tried to entice young men he met there with offers of perks and City Hall jobs. He is also accused of sexually harassing an openly gay man he recommended for an appointment to the city's Human Rights Commission. West was elected mayor in 2003. Before that he was a longtime legislator who rose to become one of the state's most powerful Republicans as senate majority leader. West regularly voted against gay rights measures in the legislature but--after the newspaper articles appeared--acknowledged having sexual relations with adult men. The mayor, who has 2 1/2 years remaining in his four-year term, has said he does not intend to resign and will be vindicated by investigations by the Justice Department and an independent panel appointed by the city attorney. (AP)

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