Gallina trial may face further delay

ASOTIN — Scott Gallina’s trial for alleged sexual misconduct may be delayed yet again, more than two years after his arrest.

The Walla Walla County judge assigned to the former Superior Court judge’s case recused himself, and state court officials are searching for a new judicial officer to preside at the trial.

Judge Brandon Johnson indicated he would not be on the bench for the August proceeding because he recently worked with some of the alleged victims while handling a court matter in Asotin.

Gallina, who was arrested at the Asotin County Courthouse on April 10, 2019, pleaded innocent to second-degree rape, indecent liberties with sexual motivation and four counts of third-degree assault for alleged crimes against two women in the workplace.

He is represented by attorneys Carl Oreskovich and Andrew Wagley, both of Spokane. Seattle attorneys Melanie Tratnik and Sean Waite, are handling the case on behalf of the attorney general’s office.

Spokane County Judge Michael Price initially was appointed to oversee the case against Gallina, who served five years as the Superior Court judge in Asotin, Garfield and Columbia counties. Following the 2020 election, Price recused himself because a new judge was elected to oversee the three-county region.

However, the new judge, Brooke Burns, could not preside at Gallina’s trial because of conflicts of interest, so the file was sent to Walla Walla County. Judge Scott Wolfram took the assignment, but he was bumped at the request of the defense. In Washington state, parties are allowed one opportunity to seek a new judge.

From there, it went to Johnson’s desk this spring.

As of Wednesday, no judge had been appointed to hear the Gallina matter, and the 58-year-old Clarkston resident remains free on bond awaiting his day in court, which is on the calendar for Aug. 10-31 in Asotin County Superior Court. The latest change-up could postpone the trial, depending on how long it takes to get the case assigned.

Earlier this year, officials predicted hundreds of jury summons would have to be mailed to Asotin County residents to seat a fair and impartial panel for the lengthy trial. It has already been delayed several times, because of the COVID-19 pandemic and requests from attorneys for more time to prepare and interview witnesses.

In an email to the Lewiston Tribune, a spokeswoman from the attorney general’s office said the state’s attorneys are hoping the trial stays on schedule and a new judge is appointed as soon as possible. Oreskovich was unavailable for comment.

The Washington state Administrative Office of the Courts has been contacted and will conduct the search.

Gallina’s charges are based on two alleged victims, but multiple women reported incidents involving the former judge during an investigation by the Washington State Patrol. 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.”

Oreskovich has said their “fragmented and inaccurate history” should not be allowed at trial, and the testimonies would be “extremely prejudicial” to his 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, he said.

No ruling on those issues has been made.

Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.