{"id":10317,"date":"2013-06-10T01:34:58","date_gmt":"2013-06-10T08:34:58","guid":{"rendered":"http:\/\/amicuscuria.com\/wordpress\/?p=10317"},"modified":"2015-02-19T13:21:23","modified_gmt":"2015-02-19T20:21:23","slug":"mason-co-prosecutor-doubles-as-complaining-witness-against-nanny","status":"publish","type":"post","link":"http:\/\/amicuscuria.com\/wordpress\/mason-co-prosecutor-doubles-as-complaining-witness-against-nanny\/","title":{"rendered":"Nannygate: Prosecutor Dorcy Doubles as Complaining Witness"},"content":{"rendered":"
\"File:Vicodin5mg.jpg\"

“…two Vicodin pills belonging to the victim…” & “…was also missing some of her Tramadol.”<\/p><\/div>\n

Can a prosecuting attorney also serve as the complaining witness in a criminal action? The law in Washington State says no, for the reason it is a conflict of interest, denies the defendant a fair trial or even the appearance of one, and presumption the jury would be confused by the conflation of the two roles of an attorney advocating for conviction as well as testifying under oath as a witness.<\/p>\n

Beyond all that, Mike Dorcy is so well known in the County, after successfully running for Prosecutor, as to have an overwhelming, yet inequitable, credibility advantage against such a defendant, as appears to be the case brought as felony charges against local hometown girl, Emily Rose Worf, a 20yo graduate from Shelton High School. The underlying nuances make what might otherwise be a routine drug related criminal proceeding into something resembling Beauty and the Beast with National Inquirer overtones.<\/p>\n

\"Charity<\/a>

Charity & Mike Dorcy – 2003<\/p><\/div>\n

Hometown boy Mike Dorcy was elected as Mason County Prosecutor in 2010 when he ran against Monty Cobb. As the loser in this electoral contest, Monty was fired a few months later, though admitting he’d have done the same had he won. Dorcy ran on a platform of getting tough, while Monty opined win:win styles of justice could save taxpayers money and benefit the community at the same time through alternative sentencing programs. Cobb lost to a man intent on becoming the Rudolph Giuliani of Mason County–risking the community’s solvency in the bargain by shunning plea offers or alternative sentencing.<\/p>\n

Dorcy benefited from the tendency of County residents to vote for the familiar in the rural community in which he’d been raised, attended Church with his family, went to school (Shelton High – ’97), courted, married, and worked for years in local law firms culminating with the prosecutor’s office under Gary Burleson (R). Monty’s legal background had been more varied and in depth, but spread over a wider geographic area, which proved to be a handicap in a provincial election.<\/p>\n

The Dorcys soon had a son, Isaac, after their 2003 nuptials.<\/p>\n

\"Isaac<\/a>

Isaac Dorcy<\/p><\/div>\n

But small children need supervision. Both Dorcys led active community and professional lives. Enter Emily Rose Worf, a local girl who worked out regularly in the gym (Shelton Athletic Association) to stay trim and gorgeous, cleaned house, babysat to make ends meet, and had a genuine passion for life as a young adult.<\/p>\n

\"Emily<\/a>

Emily Rose Worf @ SHS Graduation<\/p><\/div>\n

\"Emily<\/a>

Emily Worf @ SHS Prom<\/p><\/div>\n

It isn’t known, yet, [but is now<\/strong>] what affidavits were filed sufficient to have Emily Worf charged with burglary, possession of drugs, and associated offenses. Prosecutor Mike Dorcy was quoted as justifying the video recording of her activities at\/in his home, likely as an employer’s legal prerogative, thus avoiding violating Washington’s Privacy Act (RCW 9.73.030). \u00a0Fact checking through copies of filed court documents will be brought to bear as this story continues to develop. \u00a0It’s also known, through an unnamed source requesting anonymity, Dorcy was seen paying for Emily’s manicure at Lilly’s Nails in Shelton–casting some doubt on the nature of their ’employer:employee’ relationship and further clouding the issue of a conflict of interest.<\/p>\n

Can Ms. Worf get a fair trial in Mason County under these circumstances when the department headed by the State’s complaining witness, the very one who furnished an incriminating video recording to the police, is the one prosecuting her? Allegedly, a 2nd Mason County prosecuting attorney is also counted as a victim\/complaining witness. What *is* the relationship between these public officials, Ms. Worf, and the alleged drugs involved? Have gratuities been exchanged involving more than manicures? It wouldn’t be the first time public officials have been brought low by their libidos. It would, however, be the 1st time in Mason County a “he said:she said” contest was allowed to be criminally prosecuted by one of the parties.<\/p>\n

[The fair trial issue appears to have been resolved with a recent change of venue to Lewis County.<\/em>]<\/p>\n

Rick Cordes, a Thurston County criminal defense attorney, is currently representing Ms. Worf. \u00a0Jonathan L. Meyer, the prosecuting attorney from Lewis County has been assigned as special prosecutor to this case (#13-1-00180-2). The level of his independence in the criminal proceedings is not known as yet. The venue appears to have been transferred to Lewis County from Mason County, currently–a decided advantage to Ms. Worf given the likely familiarity of any jury panel chosen from Mason County residents with the complaining witness(es). Links to the affidavit of probable cause and amended complaint are given below:<\/p>\n

Emily Worf Probable Cause Affidavit<\/a><\/p>\n

Amended Complaint<\/a><\/p>\n

Prosecutor’s Affidavit of Probable Cause<\/a><\/p>\n

Both sitting judges, Amber Finlay, and Toni Sheldon, have recused themselves from the case, admitting Ms. Worf cannot receive a fair trial (or the appearance of one) before them. Richard Adams, the judge pro-tem\/commissioner currently presiding is past being able to parse such complex litigation for reasons such as his inability to consistently recall what day it is. In this reporter’s opinion, Prosecutor Dorcy, et al, is well advised to move for a change of venue to a county where Ms. Worf’s right to a fair trial can be guaranteed. Additionally, he should seek to have the prosecutor in THAT venue handle decisions and the litigation in this matter. What led to Mike Dorcy’s election should not be allowed to contribute to Ms. Worf’s conviction.<\/p>\n

Court:<\/b>\u00a0Mason Co Superior Ct<\/span><\/p>\n

Case Number:<\/b>\u00a013-1-00180-2<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Sub<\/td>\nDocket Date<\/td>\nDocket Code<\/td>\nDocket Description<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n04-15-2013<\/td>\nFILING FEE ASSESSED $200<\/td>\nFiling Fee Assessed<\/td>\n<\/td>\n<\/tr>\n
1<\/td>\n04-15-2013<\/td>\nAFFIDAVIT\/DECLARATION PROB CAUSE<\/td>\nAffidavit\/declaration Prob Cause<\/td>\n<\/td>\n<\/tr>\n
2<\/td>\n04-15-2013<\/td>\nAFFIDAVIT\/DECLARATION PROB CAUSE<\/td>\nAffidavit\/declaration Prob Cause<\/td>\n<\/td>\n<\/tr>\n
3<\/td>\n04-15-2013<\/td>\nMOTION FOR ARREST\/DETENT PROB CAUSE<\/td>\nMotion For Arrest\/detent Prob Cause<\/td>\n<\/td>\n<\/tr>\n
4<\/td>\n04-15-2013<\/td>\nORD DETERMIN PROBABLE CAUSE<\/td>\nOrd Determin Probable Cause<\/td>\n<\/td>\n<\/tr>\n
5<\/td>\n04-15-2013<\/td>\nINFORMATION<\/td>\nInformation<\/td>\n<\/td>\n<\/tr>\n
6<\/td>\n04-15-2013<\/td>\nFINDING OF INDIGENCY<\/td>\nFinding Of Indigency<\/td>\n<\/td>\n<\/tr>\n
7<\/td>\n04-15-2013<\/td>\nORDER APPOINTING ATTORNEY
\nWTD0001<\/td>\n		Order Appointing Attorney
\nSergi, Ronald E.<\/td>\n		<\/td>\n<\/tr>\n
8<\/td>\n04-15-2013<\/td>\nORDER FOR PRETRIAL RELEASE
\nACTION<\/td>\n		Order For Pretrial Release 4-22-13
\nArraignment\/burg 2,poss Cont Sub<\/td>\n		<\/td>\n<\/tr>\n
9<\/td>\n04-15-2013<\/td>\nPRELIMINARY APPEARANCE<\/td>\nPreliminary Appearance<\/td>\n<\/td>\n<\/tr>\n
10<\/td>\n04-16-2013<\/td>\nORDER APPOINTING ATTORNEY
\nATD0002<\/td>\n		Order Appointing Attorney New
\nBoothe, Jeanette Whitcomb<\/td>\n		<\/td>\n<\/tr>\n
11<\/td>\n04-17-2013<\/td>\nBONDS RECEIVED<\/td>\nBonds Received A Aaa A24\/7 ($2500)<\/td>\n<\/td>\n<\/tr>\n
12<\/td>\n04-19-2013<\/td>\nRECUSAL OF JUDGE
\nJDG0001<\/td>\n		Recusal Of Judge
\nJudge Amber L. Finlay<\/td>\n		<\/td>\n<\/tr>\n
13<\/td>\n04-22-2013<\/td>\nNOT OF APPEAR AND REQ FOR DISCOVERY
\nATD0002<\/td>\n		Not Of Appear And Req For Discovery
\nBoothe, Jeanette Whitcomb<\/td>\n		<\/td>\n<\/tr>\n
14<\/td>\n04-22-2013<\/td>\nNOTICE<\/td>\nNotice Of New Address For Defendant<\/td>\n<\/td>\n<\/tr>\n
15<\/td>\n04-22-2013<\/td>\nORDER SETTING OMNIBUS HEARING<\/td>\nOrder Setting Omnibus Hearing 1:15 5-13-13<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n04-22-2013<\/td>\nORDER TO APPEAR PRETRIAL HRG\/CONF<\/td>\nOrder For Pretrial\/reset To 7-22 6-17-13<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n04-22-2013<\/td>\nORDER SETTING TRIAL DATE
\nACTION<\/td>\n		Order Setting Trial Date 7-9-13
\nTrial\/burg 2, poss Cont Sub\/arr 4-22<\/td>\n		<\/td>\n<\/tr>\n
<\/td>\n<\/td>\nACTION<\/td>\n90 Day Rule\/fsd 7-22-13<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n<\/td>\nACTION<\/td>\nContinued To 8-6-13<\/td>\n<\/td>\n<\/tr>\n
16<\/td>\n04-22-2013<\/td>\nINITIAL ARRAIGNMENT<\/td>\nInitial Arraignment<\/td>\n<\/td>\n<\/tr>\n
17<\/td>\n04-26-2013<\/td>\nRECUSAL OF JUDGE<\/td>\nRecusal Of Judge Sheldon<\/td>\n<\/td>\n<\/tr>\n
18<\/td>\n05-13-2013<\/td>\nORDER SETTING OMNIBUS HEARING<\/td>\nOrder Setting Omnibus Hearing 11 5-20-13<\/td>\n<\/td>\n<\/tr>\n
19<\/td>\n05-13-2013<\/td>\nMOTION HEARING<\/td>\nMotion Hearing<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n05-17-2013<\/td>\nCOSTS ASSESSED<\/td>\nCosts\/crt-appt Cnsl\/boothe $60<\/td>\n<\/td>\n<\/tr>\n
20<\/td>\n05-20-2013<\/td>\nAMENDED INFORMATION<\/td>\nAmended Information<\/td>\n<\/td>\n<\/tr>\n
21<\/td>\n05-20-2013<\/td>\nWAIVER OF SPEEDY TRIAL<\/td>\nWaiver Of Speedy Trial<\/td>\n<\/td>\n<\/tr>\n
22<\/td>\n05-20-2013<\/td>\nORDER SETTING OMNIBUS HEARING<\/td>\nOrder Setting Omnibus Hearing 1:30 6-17-13<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n05-20-2013<\/td>\nORDER TO APPEAR PRETRIAL HRG\/CONF<\/td>\nOrder To Appear Pretrial Hrg 1:30 7-22-13<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n05-20-2013<\/td>\nORDER FOR HEARING<\/td>\nOrder For Trial Status 9 8-6-13<\/td>\n<\/td>\n<\/tr>\n
–<\/td>\n05-20-2013<\/td>\nORDER SETTING TRIAL DATE
\nACTION<\/td>\n		Order Setting Trial Date 8-6-13
\nTrial\/res Burg X2,vucsa X2\/wvr To<\/td>\n		<\/td>\n<\/tr>\n
<\/td>\n<\/td>\nACTION<\/td>\n6-1-13 +90 Days\/fsd 9-1-13<\/td>\n<\/td>\n<\/tr>\n
23<\/td>\n05-20-2013<\/td>\nMOTION HEARING<\/td>\nMotion Hearing<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

Can a prosecuting attorney also serve as the complaining witness in a criminal action? The law in Washington State says no, for the reason it is a conflict of interest, denies the defendant a fair trial or even the appearance … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10317","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/10317","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/comments?post=10317"}],"version-history":[{"count":31,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/10317\/revisions"}],"predecessor-version":[{"id":16548,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/10317\/revisions\/16548"}],"wp:attachment":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/media?parent=10317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/categories?post=10317"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/tags?post=10317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}