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Trooper acquitted on all charges

By Thomas Clouse
Staff writer
June 15, 2007

Trooper Mark Haas leaves the courthouse after verdict. (Dan Pelle)

The clinched jaw muscles of Washington State Patrol Trooper Mark Haas began to tremble Thursday as the judge read the not guilty verdict, ending a 10 month ordeal that sullied his reputation and could have put him in prison for up to two years.

Haas wiped away a tear after the jury of seven women and five men acquitted him of the charges of unlawful imprisonment and official misconduct in connection with a traffic stop last summer in which two women exposed themselves. One of his supporters whispered, “Hallelujah.”

The two women claim Haas used a flashlight to direct them to expose themselves during the Aug. 18 traffic stop along North Market Street.

But the jury didn’t buy it.

“Obviously, I am pleased,” said Haas’ attorney, Richard Bechtolt. “I expected this verdict, but you never know.”

Haas, a 23-year veteran, did not comment as he left the courtroom, where he hugged fellow troopers and family members.

Deputy Spokane County Prosecutor John Love said that regardless of the outcome it was important that the case be adjudicated publicly.

“This was a case a jury needed to hear,” Love said. “We knew it was a difficult case. We knew we were accusing a cop of inappropriate behavior.”

As the packed courtroom emptied, one of Haas’ supporters confronted Love and told him the truth had finally come out.

“Believe what you want to believe,” Love responded.

On the back bench, victim-witness coordinators consoled one of the accusers, who hung her head and wept.

“We are not the final deciders,” Love said as he looked at the crying woman. “We can only present it to the community. The community should be the final decider.”

Shortly after the verdict was read, an announcement was sent over a law enforcement dispatch frequency: “Not guilty on all three.”

The case started at about 2 a.m. on Aug. 18 when Haas pulled over a Ford Explorer on Market Street. He testified that he paced the Explorer at 44 mph.

But when he contacted the driver, Haas obtained her name but didn’t walk back to his car to check it against computer records. Hass, who has been on more than 2,000 DUI stops, also didn’t ask to see her registration or proof of insurance, which is standard procedure.

Haas said he didn’t notice the smell of alcohol even though the passenger said they had been drinking and later investigation showed the driver to be legally drunk two hours after their encounter.

The passenger testified that Haas mentioned a sticker that indicated gay pride and then said something about a hard nipple. Feeling at ease, the passenger testified that she reached over and pinched the driver’s breast.

It was then Haas began to direct them to show various body parts by shining his flashlight, both women alleged.

About eight minutes after the stop, Haas let them go without issuing a ticket, conducting sobriety tests or calling a supervisor. He made no mention of the bizarre encounter in his hand-written action report.

But 24 minutes later, the women called 9-1-1 to report their contact with Haas.

The agency’s internal investigators concluded only that Haas mishandled the traffic stop and docked him two vacation days. He was initially placed on administrative leave, but has since returned to desk duty, Bechtolt said.

Throughout the three-day trial, several troopers attended the hearing to show support for Haas.

WSP Sgt. Ken Wade was the lead detective. As such, he was forced to investigate one of his own co-workers. Wade said he did not receive any negative feedback from Haas supporters.

“They are all professionals,” Wade said. “They all understand how this works.”

WSP Detective Major Bambino attended the trial. He said he served as Haas' representative from Washington State Patrol Troopers Association.

“We were here to support him because we knew from day one that the allegations against him were not true,” Bambino said.

However, he wasn’t as kind to Love. Bambino explained that Wade sent the case over suggesting that prosecutors charge Haas with official misconduct. But it was Love’s decision to add the two counts of unlawful imprisonment with sexual motivation.

“I have the utmost respect for the prosecutor’s office and other attorneys, but I’m not impressed with John Love’s decision-making abilities,” Bambino said. “He should have never bumped it up.”

Bambino added that while the WSP has no policy that requires troopers to make a report when someone flashes them during a traffic stop, most troopers are now reporting any activity of flashing or exposure as a result of the Haas case.

“People always hear the bad and it sticks to their minds,” Bambino said. “It will take years to get his reputation back with the public.”

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