Paperwork Explains "Deal" for Lusk from Defense's Side

Paperwork Explains "Deal" for Lusk from Defense's Side

BENTON COUNTY -- Action News has new information on the Linda Lusk case.  She was suddenly slapped with additional criminal charges after an alleged deal with the Benton County Prosecutor fell through.  Now, we're learning more about that deal for the former mayor of Prosser now facing sex crimes.

Action News obtained the paperwork asking for the agreement with prosecutors to either be enforced, or thrown out.  Lusk's attorney, Scott Johson, points to an email from the prosecutor, Andy Miller, saying Lusk would only face one charge of child molestation if she gave a statement and accepted responsibility for the crime.

The tricky part is that Lusk waived her constitutional right to remain silent by providing that statement.  She and her attorney now say that the only reason she did that, is because they thought they had a deal with the prosecutor.  But it became clear in early November that the prosecutor saw the deal one way, and the defense saw it another.

Miller believed that "accepting responsibility" for the crime meant pleading guilty to it.  Lusk and her attorney didn't see it that way when they agreed to the offer.  With the deal off the table, two additional charges were filed, including rape of a child and communication with a minor for immoral purposes.

This information comes directly from documents filed by Lusk's attorney, Scott Johnson.  Prosecutor Andy Miller also had a chance to respond and filed his own side of the story, but we're still waiting for copies of those papers.

The whole thing will be debated in court on Monday, Jan. 3 when a judge will decide if an agreement will continue, and the status of criminal charges.  If you would like to read the paperwork it is uploaded here.