Judge issues order in Gallina case
Dec. 7—Spokane Judge Michael Price is back on the bench for the case of a former Asotin County Superior Court judge accused of sexual misconduct.
Scott D. Gallina, 58, and his attorneys appeared before Price on Friday, seeking an evidentiary hearing before trial. Price took the issue under advisement and issued his ruling Monday, denying the defendant's request.
Gallina, who has denied all wrongdoing, is expected to go on trial this spring in Asotin County. He is charged with second-degree rape, indecent liberties and third-degree assaults while working as a judge in Asotin, Garfield and Columbia counties.
Seattle attorneys Melanie Tratnik and Sean Waite are handling the prosecution on behalf of the Attorney General's Office, and Spokane attorneys Carl Oreskovich and Andrew Wagley are representing Gallina.
The Washington State Patrol arrested Gallina at the Asotin County Courthouse on April 10, 2019. The Clarkston resident is no longer on the county payroll and remains out of custody on bond.
Gallina's charges are based on two alleged victims, but multiple women reported incidents involving the former judge. Inappropriate sexual comments and unwanted touching were part of the judge's routine at the courthouse on a consistent basis, according to the attorney general. Tratnik has argued the other women should be allowed to testify about Gallina's "widespread and pervasive behavior."
However, the state argued against an evidentiary hearing, saying it would amount to a "mini-trial," and subject the witnesses to an unnecessary public interrogation by the defense.
Oreskovich and Wagley have argued the women's "fragmented and inaccurate history" should not be allowed at trial, and the testimonies would be "extremely prejudicial" to their client. Only two women are connected to the charges, and the others are an "inadmissible pile-on" that will not give Gallina a chance at a fair trial.
The alleged power disparity between Gallina and the alleged victims also will be challenged, Wagley said Friday. As a judge, he had no hiring or firing power over the women in question.
Judge Price said he considered the matter in detail before denying the defense's request for a hearing involving the state's witnesses before the trial begins. Whether the additional women will be allowed to testify when the jury is seated has yet to be decided.
Sandaine can be reached at kerris@lmtribune.com.
