Seattle City Councilmember Richard McIver faces trial for fourth degree domestic assault Dec. 10. This week a judge ruled that the press could obtain police documents, including the recording of a 911 conversation and witness statements. The judge denied release of a patrol car recording of Councilmember McIver.
Mr. McIver's attorney, Todd Maybrown, argued against the release of the documents because the release would violate the privacy of McIver and his wife and the pretrial publicity might make the trial unfair. He says that McIver is not guilty.
Recent stories (the information overlaps, but not entirely):
- Police documents detail events that led to arrest of Councilmember McIver, Seattle Times, Nov. 29, 2007.
- Judge rules to release Councilmember McIver police report, Seattle Times, Nov. 28, 2007.
- Police release documents in McIver domestic arrest, Seattle Times, Nov. 28, 2007.
- Judge orders release of police report in Seattle city councilman's arrest, Seattle Times, Nov. 27, 2007.
- McIver trial is in doubt: Councilman's wife won't testify, her lawyer says, Seattle P-I, Nov. 27, 2007.
Seattle City Councilman Richard McIver could avoid a trial for allegations that he assaulted his wife if she remains unwilling to testify against him in court.
Marlaina Kiner-McIver knows she could be put in jail for ignoring a subpoena, but, her lawyer said Tuesday, she has held the same position since her husband's arrest.
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McIver's attorney, Todd Maybrown, said that without Kiner-McIver's testimony, prosecutors would have "no case at all," because there isn't any corroborating evidence that an assault occurred.
"It shouldn't have been filed in the first place," Maybrown said. "It's not a provable case under any circumstances."