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Castagna charged with extortion

Thomas Clouse and Amy Cannata
Staff writers
December 13, 2007

Spokane County prosecutors charged a 26-year-old waiter and part-time porn model with extortion Wednesday in connection with a sexual encounter in October that ended the career of a Washington state representative.

Cody Michael Castagna, of Medical Lake, faces four felony charges after he received money from then-Rep. Richard Curtis, R-La Center. According to police records, Curtis met Castagna Oct. 26 at an adult book store on East Sprague and later at a downtown hotel during a taxpayer-sponsored trip to Spokane. Curtis resigned Oct. 31, due to fallout from the scandal.

Curtis, 48, could not be reached for comment, but Spokane County Deputy Prosecutor Larry Steinmetz said Curtis is cooperating with the investigation and has not been charged with solicitation. Three other defendants are also charged in the case.

Castagna's attorney, David Partovi, said he now will start the process of researching all of Curtis' past votes, acquaintances and other encounters.

Curtis was "a state employee. It's the state versus this kid," Partovi said. "Are we going to drag Curtis through the mud for a year? I'm going to make this one hurt."

Castagna, who pleaded guilty to forgery in 2001 in King County and has an extensive juvenile record, had turned himself in to authorities Wednesday evening and was released on $7,500 bond.

It was the second time in two days Castagna had been booked into Spokane County Jail. Tuesday he was there on an unrelated misdemeanor charge.

Partovi said he recently sent Steinmetz a letter asking him not to charge his client.

"I had my head in the sand. I was really hoping this was going to go away," Partovi said. "It seems to me they are going on the facts we already know, which is a complete waste of taxpayer money."

Lisa Fenton, communications director for the House Republican Caucus in Olympia, said she had not been in recent contact with Curtis.

"We have no idea how to get ahold of former Representative Curtis, so we have no comment," Fenton said.

According to court records, Curtis met Castagna at the Hollywood Erotic Boutique in Spokane Valley where Curtis engaged in oral sex with another man. Curtis and Castagna later met in the Davenport Tower, where Curtis was staying for a House Republican retreat to discuss the upcoming legislative session.

Once in the hotel room, Curtis gave Castagna $100 before they engaged in sex acts, according to police reports.

After Curtis fell asleep, police reports allege that Castagna left the room with Curtis' wallet, credit cards and Washington State Legislature ID. He later called Curtis, demanding the $1,000 that Castagna claimed he was owed for having unprotected sex, the reports allege.

Curtis – who voted against gay rights bills as a legislator – put $200 in an envelope and left it in the hotel lobby.

Later, Castagna called Curtis a second time and demanded an additional $800, according to police reports. But by then, Spokane police detectives had been alerted to the case after Curtis called an acquaintance with the Washington State Patrol in the Vancouver area in an attempt to keep the matter out of the press, according to police reports.

Also charged in court documents are 20-year-old Robert H. Fletcher III, Joseph L. Castagna, 25, and 24-year-old Brandon D. Burchell, who face charges of conspiracy to commit second-degree extortion and extortion in the second degree.

Fletcher is accused of picking up extortion money from Curtis at the Davenport Tower in exchange for a share of the cash. Joseph Castagna, who is Cody's brother, and Burchell are alleged to have conspired with Cody Castagna to pick up more money at a second drop-off.

Partovi does not dispute that money exchanged hands between Curtis and Cody Castagna, who faces three counts of second-degree theft of a credit card and one count of second-degree extortion.

"It wasn't extortion money. It was prostitution money," Partovi said. "Clearly that is bad action, but it is not extortion."

On Oct. 29, Curtis told the Columbian newspaper in Vancouver that he is not gay and did not engage in sex with Castagna. But Curtis told Spokane police detectives a different story and resigned his position on Oct. 31.

At one point, the legislator said he wished he had "just paid the additional money to the suspect because he didn't wish the case to be prosecuted," reports state.

Partovi said he wishes that, too.

"Curtis should have just paid the money," Partovi said, "and he would have been gone."

Staff writer Amy Cannata contributed to this report.

Reporter Thomas Clouse can be reached at (509) 459-5495 or tomc@spokesman.com

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