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Albert Lin seeks $2.5 million from Grant County

by Cameron Probert<br
| April 27, 2010 9:00 PM

EPHRATA — A former Grant County deputy prosecutor is claiming he was fired after his boss allegedly asked him to take unethical actions.

Albert Lin filed a claim with the Grant County Auditor’s Office stating he was wrongfully terminated and is asking for $2.5 million in damages.

Should the county and its insurance pool decline to pay the claim, Lin can initiate a lawsuit against the county.

Lin’s appointment as a deputy prosecutor was not renewed in December after Lee swore his oath of office as an elected official. State law requires the prosecuting attorney to appoint deputy prosecutors to a term equal to the length of the elected official’s term.

The claim accuses Prosecutor Angus Lee of asking Lin to decide whether to file criminal charges in two cases involving former prosecutor administrative assistant Cathleen Neils and one involving Grant County District Court Judge Richard Fitterer.

The former deputy prosecutor claims his issues started on July 13, when Lee asked him to decide on a misdemeanor charge against Neils, according to the claim. Lin refused, citing concerns because Neils was suing Grant County and Lee in federal court, and Lin worked with and was friends with Neils. Lee reportedly continued to pressure him, forcing Lin to seek help from Seattle attorney Thomas Fitzpatrick.

A July 15 memo from Lin to Lee states the prosecutor said the Washington state Attorney General’s Office did not have the resources to review the case.

In a Sept. 4 letter from Fitzpatrick, the attorney states a conflict of interest exists since Neils was a friend and supported Lin’s campaign for the prosecuting attorney’s job.

“Because of the many years of personal friendship and association, it’s natural you (Lin) would be concerned about her personal welfare,” Fitzpatrick stated.

The behavior allegedly continued when Lee asked Lin to review a claim the Grant County Sheriff’s Office failed to file “false reporting charges” against Neils, according to the claim. After Lin refused, Lee reportedly disciplined him, warning him he could be terminated if he failed to comply.

The warning attached to the claim, stated Lin was responsible to make sure he was not in a position to have conflicts of interest.

Lin also accused Lee of trying to make him review allegations against Grant County District Court Judge Richard Fitterer, after former state Sen. Harold Hochstatter questioned the prosecutor during an October debate. Lin stated he refused.

The former deputy prosecutor claims his workload was increased, stating in a Nov. 6 e-mail to Chief Deputy Prosecuting Attorney Ed Owens he was handling 139 cases. Owens had the next-largest load with 107 active cases.

Lee allegedly told Lin another attorney might file a complaint with the Washington State Bar Association because Neils was campaigning for Lin.

The claim also alleges Lee kept asking about a whistleblower claim filed with the county about Lee’s actions.

“His (Lee’s) actions were outrageous,” the claim states. “Mr. Lee’s wrongful actions have proximately caused damages to Mr. Lin.”

Commissioner Cindy Carter said she had just received the claim and hadn’t read it yet, so wasn’t able to comment on it. The claim was forwarded to the insurance company.

Lee called the accusations in the claim baseless, frivolous and politically motivated, adding he was disappointed Lin filed the claim.