Private Dicks Win the Battle, but Not the War

In a follow-up to this week’s story “A Dick Move”, private investigators won a battle—but not the war—to ensure all their travel expenses are paid by the state when they do public defense work.

Washington County Circuit Court Judge Thomas Kohl ruled in a hearing May 10 that the state Office of Public Defense Services should pay all travel expenses for Tillamook P-I Dave Panter while he investigates an aggravated murder case for a public defender in Hillsboro.

The OPDS, which pays public defenders and the investigators they hire, had refused to pay Panter $34 an hour plus gas to travel to Hillsboro. They told the public defender, Ray Cassel, to save money by hiring a local investigator instead. Cassel challenged the decision in court and won, saying Panter was the best investigator for the job.

Private eyes from around the state were watching the case. They say in capital murder cases like this one, it’s important for public defenders to hire the best investigators available, regardless of where they live. The difference could be life or death for impoverished suspects who rely on public defense.

Investigators hoped the challenge would set a legal precedent, but Judge Kohl said his decision applies to the current case only. Cassel is defending Ricardo Serrano, a 31-year-old Aloha man accused of killing Melody Dang and her two sons in suburban Washington County last year. He could face the death penalty if convicted.

Panter told WW he’s pleased he can help defend the case, but he had hoped to accomplish more by challenging OPDS. Instead they could try to deny travel expenses for investigators again in the future.

“I was kind of hoping it would be a cause célèbre for the entire investigative community,” Panter said. “But it didn’t go there. It kind of left the door open.”