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Speeding Ticket Fines Diverted To Politician's Pet Project

UPDATED: 3:36 pm PST November 15, 2005

You might be able to get out of an expensive speeding ticket along I-90 by donating money to the prosecutor's favorite cause.

A KIRO Team 7 Investigation exposes a tax-diversion program that's raising both legal and ethical questions.

If you're heading towards Spokane -- maybe to a Washington State Cougars football or basketball game -- you're going to travel through Adams County. If you're speeding, you'll probably going to get a ticket, too. The Ritzville area is notorious for that.

However, don't worry about it. The Adams County Prosecutor may offer to waive that ticket if you give a "donation" to a local museum.

Michael Lillie hasn't had a traffic ticket in 27 years. He wasn't too thrilled when a State Patrol officer handed him a citation near Ritzville a few months ago.

Lillie wanted to go to court and fight the $122 ticket. Then, a letter from Adams County Prosecutor came in the mail.

It reads: "The State will move to dismiss your ticket in full with a $125 donation to the Frank R. Burroughs Museum."

Lillie says it sounded a lot like a payoff to make his ticket disappear.

"I was personally insulted and it also made me furious," Lillie said. The whole situation all over was like red flags everywhere, unless laws have changed that much over the years. I'm, like, what's going on here?"

We wanted to know too, so KIRO Team 7 Investigators traveled to Ritzville and toured the museum.

It's curator, Ann Olsen, says the historic home is that of a turn-of-the-century doctor who delivered some 3,000 babies in Adams County.

She declined an on-camera interview, but says she has been "pleasantly surprised" by the amount of money the speeding ticket program has generated for the museum. The famed rocking chair collection here, however, has nothing to do with justice or traffic tickets unless you count the fact that the curator, Ann Olsen, says she used to work for the Adams County prosecutor Randy Flyck.

"It is a form of extortion," said Seattle University law professor John Straight.

Straight says the Adams County prosecutor is violating ethics rules.

"He's using his discretion to fund something which he thinks is attractive," Straight said. "It's a personal interest. He likes the museum, so he uses his power given to him by law to benefit a charity, as opposed to doing what he's supposed to be doing: representing the public interest."

Flyck didn't want to defend his practices on camera, but mailed us a statement saying, "Such dispositions provide a fair resolution for drivers with good records, promote fiscal restrain through efficient use of scare prosecution resources, and assist the local community."

Legal expert John Straight is not impressed with the explanation.

"I think this would be troubling to anybody," Straight said.

"The situation is just very odd," said Lillie.

As for our speeder, Michael Lillie, he refused to donate money to the Burrough Museum and lost his case in Adams County Court. Lillie says he'd rather pay the fine and risk higher insurance than get bullied into a charitable donation.

We've discovered traffic fine money is not only diverted to the Burrough Museum, but also a local animal shelter and a D.A.R.E. program. Prosecutor Flyck has so far not been able to account for how much money his office has collected in this manner. Based on our investigation, the state auditor's office is now interested in finding out.

We called the Attorney General's Office to see if it was legal for a prosecutor to divert traffic ticket money. That agency says judges are clearly prohibited from doing so, but it can't find any laws that stop prosecutors.


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