Hearing reveals alcohol abuse, pornography in public defender's office
By GREG TUTTLE
Of The Gazette Staff
A District Court judge said Wednesday that Chief Deputy Public Defender Roberta Drew lost credibility when she twice failed to show up for sentencing in a drug case. Drew called in sick the second time, Judge Susan Watters said, and was seen hours later drinking beer with her boss at a downtown bar.
Watters' testimony came during the second day of a hearing into Drew's complaint to the state Human Rights Bureau against Yellowstone County. The hearing began Tuesday and is expected to last through the week.
Drew filed her complaint in December 2002 at about the same time she was fired from her public defender job. She was fired by Interim Chief Public Defender Curtis Bevolden, who was hired just weeks before. Bevolden replaced Sandy Selvey, who was forced to resign from the office when a female investigator in the office said she was harassed by Selvey after ending a three-year romance.
The investigator left the office and later settled a complaint against the county for $26,000. Bevolden served about five months before he was replaced by Penny Strong.
A county grievance committee found that Drew had been wrongfully fired and ordered her reinstated with back pay. She returned to the Public Defender Office on Jan. 1. She also has a federal lawsuit pending against the county.
At the hearing Wednesday on her discrimination complaint, a wide range of topics surfaced, including testimony from Selvey and Bevolden that was read at the hearing. Selvey and Bevolden were not present, but their testimony was taken at a previous deposition.
Selvey described the antics and foibles of several male attorneys in the Public Defender Office during his 10-year tenure as head of the department. Bevolden worked for Selvey about a decade ago, and was caught putting pornographic pictures in the case files of another office attorney, Selvey said.
"I told him privately that, you know, if I was not the one who opened the file it could be objected to," Selvey said when describing how Bevolden was reprimanded for the incidents.
In a separate statement, Bevolden described the pictures of naked women as "locker house horseplay between us guys." Bevolden said he didn't remember being reprimanded by Selvey.
"Did you find that funny?" Tim Kelly, Drew's attorney, asked Bevolden in the deposition.
"Well, that's why we did it," Bevolden said.
Another male attorney in the office, who was not identified, was not working on his cases and in one instance was preparing to have a woman who was charged with felony drunken driving plead guilty, even though the offense was rightfully a misdemeanor. After a string of similar complaints, the attorney was asked to resign, Selvey said.
"We handled this crisis internally," he said.
Another unidentified male attorney had personal problems that affected his work, Selvey said. The attorney was eventually advised to "stay sober," Selvey said, and later resigned. Another male attorney in the office got into legal trouble for writing bad checks, Selvey said.
Sue Moss, a former supervisor in the Public Defender Office who retired at the end of 2002, said Bevolden received a cold reception from the other attorneys when he replaced Selvey.
Before he was hired to replace Selvey, Bevolden most recently worked as a deputy prosecutor in Big Horn County. Moss said all the attorneys in the Public Defender Office, including Drew, didn't believe Bevolden could switch from being a prosecutor to a defense attorney.
"He had the mindset of a prosecutor," Moss said. "That's what people were thinking."
Of the nearly 20 employees in the office, only Bevolden's secretary supported his efforts to lead the group, she said.
District Judge Russell Fagg testified Wednesday that he considered Bevolden one of the "top three" criminal attorneys in Yellowstone County.
After describing how Drew lost credibility when she called in sick and was seen at a bar that day, Watters admitted on cross-examination that she did not know the reason for Drew's illness. Kelly, Drew's attorney, asked if the judge knew that Drew's mother was fighting cancer at that time. Watters said she did not know about the illness.
Drew wiped away tears as her attorney questioned the judge.
Kelly said he expects to finish his case today. Calvin Stacey, an attorney representing the county, then will present the county's side. Hearings examiner Terry Spear, a former Billings attorney, is presiding and will issue a written ruling sometime after the hearing concludes.
Drew testified briefly Wednesday, and she is expected to resume her testimony today. The hearing at the C'mon Inn starts at 8:30 a.m.