Bulletin Column

LAZCANOS ALLOWED JOINT MEETINGS

A defense motion to allow a joint meeting by the Lazcano brothers and their attorneys was allowed Friday morning in Whitman County Superior court. Spokane Defense Attorney Eric Christianson filed the motion which said he was denied a joint meeting involving his client, Daniel Lazcano, and Frank Lazcano with his respective attorney Nov. 15.

The Lazcano brothers face charges of murdering Marcus Schurr last December in Malden.

In presenting his motion in court Friday morning, Christianson said he has been allowed joint meetings with defendants in three other counties in the state during 20 years of law practice. They contended the attorneys should be allowed the joint meetings to fully investigate the charges faced by their respective clients.

Christianson also said the Lazcano brothers and their attorneys had conducted joint meetings before he was informed by jail staffers Nov. 15 that the prosecutor had instructed jailers to prohibit the sessions.

Prosecutor Denis Tracy said the state objected to the joint sessions because they would provide the defendants with the opportunity to intimidate one another and also the opportunity to conspire to alter testimony to exonerate them from the state’s charges.

Judge David Frazier ruled the joint sessions could be conducted as long as attorneys for both defendants are present. He said the defense attorneys would be allowed the sessions under a condition that they prevent their respective clients from conspiring to alter evidence or attempting intimidation.

Frank Lazcano, 24, was not present in court, but his attorney, Steve Martonick, was present and participated in the hearing.

Daniel Lazcano appeared in court in handcuffs.

The Lazcano brothers have been scheduled for separate trials with Daniel’s trial date now slated first, in late February.

The judge pointed out each brother will have attorney-client confidentiality rights with his own attorney, but not with the other attorney.

After the ruling, Tracy was granted a request for a court order which prohibits the brothers from handing letters or notes to one another during the sessions.

At the end of the hearing Tracy presented Daniel Lazcano and Christianson with a sealed plea agreement offer and requested a change in the pre-trial hearing schedule.

FLOOD FOLLOWS WATER LINE BREAK

Colfax street crews, officers and fire volunteers responded to an emergency break in a 10-inch water main on Harrison near Taco Time Tuesday night. The break in the pipe flooded streets in the neighborhood and resulted in a shutdown of water service to the north end of Colfax.

Crews worked until after 12:30 a.m. Wednesday to repair the water main and restore service.

The break was on a 10-inch water line which runs along Harrison. Pressure from the break, which was about three feet below the street surface, pushed up gravel fill and paving in the parking lot at Taco Time.

City crews had to close off a main supply line from the Big Blue system on the east hill to shut down the water service at the main. Booster pumps in the supply system were also turned off to leave the system on the north end of town with just static pressure.

Depth of gushing water on the surface meant they were unable to locate cutoff valves in the immediate area next to Taco Time.

After the flooded area drained off, city crew members were able to shut down valves and isolate the ruptured segment of the main along Harrison.

Water flow from the break went in the direction of Mill Street. The flood water did get into the Four Star Supply auto shop at Mill and Harrison, but Taco Time and the Four Star Supply store were not flooded.

Colfax fire department volunteers, who were attending their weekly Tuesday training session at the fire station, were the first to respond to the scene and help block off the street in the area and control traffic.

Much of the drain off from the water main failure went to the S. Fork of the Palouse River via the now-cleared outlet next to Rosauers. The drain system earlier this year had been plugged by mud left by runoff flooding which hit the Park and Clay Street neighborhoods.

The response to the emergency and five hours of repair work was done in sub-freezing conditions, and state DOT crews assisted by sanding the area.

The water main failure hit while the last round of pre-holiday basketball games were underway against visiting Ritzville teams in the Colfax High School gym.

FIRE DESTROYS RYAN BARN

A fire Sunday night, Dec. 9, destroyed a barn at Ryan ranch in the Ewartsville area. Fire crews from Pullman-Johnson District 12 and Colton District 14 responded to the scene on Ryan Road in the Ewartsville area at the home place of the late Jack Ryan.

In addition to the barn, the loss included approximately 30 tons of hay, five saddles, and harness equipment, according to Bill Ryan. Also, 10 head of hogs which were being raised in the barn were lost.

Seven fire rigs responded to the fire scene and kept the fire from spreading to other buildings at the ranch.

Ryan said the cause of the fire has not been determined, but the electrical system or a heat lamp are the suspected causes.

RESTITUTION SET AT $500

Jared Wold, Endicott resident who was convicted of possession of stolen property in a plea bargain agreement Nov. 30 in superior court, was ordered to pay $500 in restitution after a hearing last Friday in superior court. The sum was ordered paid to Ridge Slater, a neighbor who reported property missing.

The $500 restitution sum was added to the $2,950 in other financial obligations Wold was ordered to pay at the Nov. 30 court sessions. Wold was sentenced to 360 days in jail with all but seven suspended. He was also fined $5,000 with $3,500 suspended.

STORM LEADS TO ACCIDENTS

Washington State Patrol troopers Wednesday afternoon, Dec. 19, responded to four non-injury accidents as driving deteriorated with the onset of a winter storm.

A 2003 Ford F250 pickup truck driven by Eric N. Lewis, Spokane, rolled on its top after going out of control just north of Colfax on Highway 195. According to the Washington State Patrol report, Lewis was driving northbound at 4:20 p.m. and lost control of the pickup in the snow and ice conditions. The truck went across the oncoming lane, struck the ditch and rock embankment and then rolled onto its top.

A 1992 Chevrolet C15 pickup truck towing a trailer went out of control at 3:35 p.m. and part of the trailer came to a halt and blocked the eastbound lane of Highway 26 about eight miles west of Colfax. According to the WSP report, Dan R. Meredith, Lewiston, was driving westbound on Highway 26 and lost control of the truck and trailer on a hill. The truck struck the guardrail and went over the top with the trailer blocking the eastbound lane.

Victoria J. Wilkes, Rosalia, lost control of a 2006 Dodge Ram pickup at 4:30 p.m. Wednesday while driving in icy conditions on Highway 195, 10 miles north of Colfax. According to the WSP report, she was driving northbound when the pickup went out of control on the ice and rolled on its top in the ditch on the northbound side of the highway.

Alexander Abbruzza, Redmond, lost control of a 2004 Jeep Wrangler on Highway 195 21 miles north of Colfax at 2:49 p.m. Wednesday. The Wrangler crossed the highway and struck the guardrail along the northbound side of the highway.

Assistant Chief David Szambelan was called to the scene of an accident involving a snowplow at Main and Canyon that same day. The plow operator had stopped at the signal of Main and Canyon and the driver of a vehicle behind the plow truck was unable to stop in time to avoid hitting the back of the truck.

SCHOOL MANDATE IN MAYOR’S REPORT

Colfax Mayor Todd Vanek reported the state supreme court mandate on state school funding was a top concern for an Association of Washington Cities session he attended. The mayor told the city council Dec. 17 AWC officials and others at the session were concerned that the state supreme court’s ruling on school funding shortages will have an impact on the state budget. He added they were concerned the school funding factor has not been included in budget projections which were announced before the upcoming session of the legislature.

Mayor Vanek said attendees at the WAC session believed when the legislature begins to come to terms with the court-ordered school mandate, it will have a major impact on the amount of state funding support for cities.

Last January the high court ruled that the legislature has not met its obligation to fund education as mandated by the state constitution. A report yesterday from Olympia said the court has subsequently ruled the legislature was not making satisfactory progress in the wake of its January ruling.