Peninsula Daily News

http://www.peninsuladailynews.com/article/20110116/NEWS/301169993/trial-in-evidence-room-theft-reset-for-february

PORT ANGELES -- The trial of a former Clallam County Sheriff's Office employee accused of stealing $8,644 from the evidence room has been rescheduled for Feb. 14.

Clallam County Judge Ken Williams last week reset the trial, which was scheduled for Jan. 24, to allow more time for two motions to be heard.

The motions, filed by Staci L. Allison's attorney, seek to dismiss the case entirely and to remove county Prosecuting Attorney Deb Kelly from the case.

Allison, a former evidence technician who now lives in Montesano, is charged with first-degree theft and money laundering.

The Sheriff's Office in November 2006 found 129 empty evidence bags -- which once contained $51,251 -- stuffed in a plastic tube in the evidence room.

Authorities alleged that Allison stole the money and deleted computer records to cover the thefts. She is charged with stealing $8,644 because that's the amount prosecutors have said they think they can prove was stolen.

Allison's attorney, Ralph Anderson, moved for dismissal of the case in October, citing late disclosure of evidence.

Anderson maintained that the late discovery of evidence -- including a box of documents from the State Patrol, which investigated the theft -- the week before the case was set to go to trial in September shows that the Prosecuting Attorney's Office has mismanaged the case.

Anderson also is seeking to remove Kelly from the case. A hearing on that matter has been set for Jan. 27.

Anderson alleged a conflict of interest because the Sheriff's Office hired the prosecuting attorney's husband, Don Kelly, to organize the evidence room after it became aware of the missing money.

During that work, Don Kelly, a former sergeant with the Sheriff's Office, found $5,000 in an envelope apparently hidden in the evidence room, said Sheriff Bill Benedict, who took office in January 2007.

The prosecuting attorney said it doesn't pertain to the case because that missing envelope isn't included in the charges. She said she would move for dismissal of her husband as a witness if she stays on the case.

Anderson said he plans to call Don Kelly as a witness if the matter proceeds to trial.

Benedict said two people work in the evidence room to help prevent evidence from being stolen.

The missing money made it harder to prosecute cases, he said.

"There were some we didn't file on or dismissed," Benedict said.