A trial that was three years in the making ended abruptly Monday with a plea deal.
Former Asotin County Superior Court Judge Scott Gallina pleaded guilty to a felony and gross misdemeanor and is now facing 13 to 27 months behind bars. He will be sentenced at 9 a.m. June 16 in Asotin.
Hundreds of potential jurors had been summoned to the Asotin County Fire Station in the Clarkston Heights for jury selection, and the trial was expected to take several weeks. Shortly after lunch, Spokane County Judge Michael Price thanked them for their service and dismissed everyone, saying the case had been resolved.
Gallina, 58, pleaded guilty to one count of third-degree assault with sexual motivation, a Class C felony, and fourth-degree assault with sexual motivation, a gross misdemeanor. All other charges, including second-degree rape and indecent liberties with forcible compulsion, both Class A felonies, were dropped.
Three years ago, Gallina was arrested at the Asotin County Courthouse and charged with multiple sexual misconduct crimes for allegations involving two former co-workers. If convicted on all of the charges, he was facing more than two decades in prison and a maximum life sentence.
Gallina’s attorney, Carl Oreskovich, said his client wanted to go to trial and clear his name, but it was deemed too risky.
“I don’t know how anyone takes a risk like that with those kinds of consequences,” Oreskovich said. “It was a hard decision to make. In my mind, he made an appropriate decision. Although he denies that conduct, this allows him to enter pleas to some simple assaults, and after he gets out, he will be able to get on with his life.”
Gallina will remain out of custody on a $50,000 bond until he’s sentenced. He is no longer employed by Asotin, Garfield or Columbia counties, where he served as a Superior Court judge for five years.
According to court documents, the attorney general agreed to the deal because the defendant has no criminal history, the victims in the case will be spared from having to testify, Gallina will serve prison time and must register as a sex offender for 10 years. The victims also agreed to the plea deal.
It was signed by Seattle attorneys Melanie Tratnik and Sean Waite, who prosecuted the case on behalf of AG Bob Ferguson.
The state’s attorneys are not allowed to discuss cases with the media and were unable to comment following the resolution.
However, in a written statement to the Tribune, Ferguson said the following:
“This case represents a grotesque abuse of power by a public official. It also represents a betrayal of trust, not only to Scott Gallina’s victims, but to the public he was supposed to serve. His victims’ remarkable courage made this outcome possible. I am grateful for their support of this resolution, which will spare them of having to recount their assaults at trial. We will argue for the maximum penalty allowed under his guilty plea.”
Gallina had to state in his own words what made him guilty of the crimes. He said on or about May 18, 2017, through April 9, 2019, he “unlawfully and intentionally” touched one of the victims, with sexual motivation. For the second charge, he wrote on or about Jan. 1, 2018, through Sept. 13, 2018, he “unlawfully and intentionally” touched another co-worker, with sexual motivation. That is the extent of the guilty pleas in the court record.
“It’s a hard fall from grace for someone who worked hard as a lawyer and became a judge and is now a convicted felon,” Oreskovich said. “It’s a harsh consequence without an opportunity to clear his name, and he really was torn, but at the same time, we have to be realists. We worked hard on the case and were prepared for trial, when a different side would’ve come out.”
Gallina must undergo a presentence investigation prior to June 16, when Price will return to Asotin County Superior Court for sentencing. At that time, his victims will be allowed to address the court.
Sandaine can be reached at kerris@lmtribune.com.