Attorney wears Purple Heart during trial

Attorneys argue issue in court

EPHRATA - A Grant County deputy prosecuting attorney will be allowed to wear a Purple Heart lapel pin during a DUI trial.

The defendant's Moses Lake attorney, Garth Dano, claimed the opposing attorney and pin-wearer Angus Lee is placed in higher esteem with the jurors.

During pretrial motions on Tuesday, Dano said he thinks Lee is a patriot and doesn't have a problem with him wearing the pin outside of trial. He said his motion to prevent Lee from wearing the pin during trial wasn't intended as a personal attack on Lee.

Dano also said he thought it was "inappropriate" for Lee to wear the pin during trial. It would be similar to Dano wearing a large cross on his lapel, he added.

Lee served in Iraq with the U.S. Marine Corp from late 2005 to early 2006 and was wounded during a gunfight with insurgents, he told the Columbia Basin Herald on Wednesday.

"It is a reminder to me of my fellow servicemen and friends who are currently deployed in Iraq and Afghanistan," he wrote in an e-mail to the newspaper. "On a day-to-day basis, it is easy to get caught up in normal life and forget those who are serving for us abroad."

"It is a reminder that if you want justice you need to fight hard and be willing to make sacrifice," he added.

Grant County District Court Judge Richard C. Fitterer said he wasn't aware of the pin and wasn't going to make Lee remove it. He denied Dano's motion.

"Mr. Lee is already dressed," Fitterer said.

Lee described the pin as three-quarters of an inch wide and an eighth of an inch thick.

He called it an "itty-bitty medal" and pointed out that Dano wears a bracelet with the initials "WWJD" (what would Jesus do?).

Lee added that he didn't have a problem with Dano wearing the bracelet and asked for evidence showing how wearing the pin would impact the jury.

Lee said having the pin likely hasn't made his trial results different from other attorneys. He later said he's returned a guilty verdict in 17 of his 18 jury trials.

Case law regarding a witness' court attire doesn't apply to him because he's not a witness in the trial, Lee said.

The jury will base its decision on the facts of the case, he added.

Dano said he thinks Grant County residents will recognize the pin for what it is and in jest, added he should bring his certificates and plaques into the courtroom for display.

Dano has received multiple awards for his work. He was presented with the Washington State Bar Association's Courageous Award in 2000. His firm was given the National Crime Victim Law Institute's 2006 Victim Right's Partnership Award.

Lee claimed Dano has an advantage with jurors because of his name recognition in Grant County.