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DPA Merrival is concerned about his colleagues being further intimidated and retaliated against
by virtue of being identified in this document. If personally interviewed, he will give further
specific instances for investigation.
This complaint only covers a limited number of examples of misconduct within the Pierce County
Prosecuting Attorney’s Office. Further investigating will likely disclose even more egregious
examples.

TABLE OF CONTENTS
I.
II.

Cover Page
Complaint
A.
Governmental Misconduct and Retaliation
1.
Violations of state or federal law or County ordinance
a.
“Brady” Violations
i.
Conduct at Issue
Untimely
No Training No Access to Information
Retaliatory and Vengeful Application
ii.
Authority Violated
b.
Intimidating Public Servants/Witnesses
i.
Conduct at Issue
- Demonstrate Disdain for Declarants
- Corrective Measures for Non-compliant DPAs
ii.
Authority Violated
c.
Failure to Preserve Public Record/Exploiting Public Record
i.
Conduct at Issue
-Prohibiting e-mail communications on public technology
-Permitting and protecting government related
communications on private technology
-Preparation of prejudicial public records
ii.
Authority Violated
2.
Abuse of Authority
a.
Media statements Conveying Guilt
b.
Exercising Undue Influence with Media - excessive use of
staff time, attempts to control content, confidential
disclosures, inaccurate disclosures
c.
Conflicts of Interest
d.
Improper Use of Public Resources
3.
Substantial and Specific Danger to the Public Health or Safety
a.
Vindictive Not Vigorous Prosecution - Dalsing, Tacoma
Hilltop Crips Gang Cases, England - deadly weapons
enhancements, contrast with Kinney
b.
Inordinate Number of Cases Dismissed for Prosecutorial
Misconduct