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Charles O. Bonet (WSBA No. 19717, admitted 1990), formerly of Tacoma was disbarred , following a hearing, by order of the Supreme Court, effective April 1, 2003. For additional information please see In re Bonet, 144 Wn.2d 502, 29 P.2d 1242 (2001). This discipline was based on his offering a prohibited inducement to a witness.
Mr. Bonet, a Thurston County prosecutor was assigned the prosecution of Mr. M. Before the trial, Mr. Y, a defense witness and potential co-conspirator made conflicting statements about whether he would testify as a witness for the defense. Mr. Y was charged as a co-conspirator before the M trial began. During the trial, Mr. Y sent a message to Mr. Bonet, asking if the charges would be dropped if Mr. Y did not testify for Mr. M. Mr. Bonet spoke to Mr. Y on the telephone and told him that if Mr. Y did not testify, they could “work something out,” and that Mr. Bonet would wait to see what Mr. Y decided. Mr. Bonet told Mr. Y’s lawyer that he had agreed to dismiss the charges if Mr. Y did not testify for Mr. M. Mr. Bonet declined to reduce this agreement to writing. When Mr. M’s lawyer learned that Mr. Y would not testify, he asked the judge to look into the circumstances. Mr. Bonet told the judge that “we have made no offer or inducement to this witness. . .in this matter, concerning this trial.” The judge held an in camera hearing, during which Mr. Y testified that the final deal was that Mr. Bonet would make the charges go away, if Mr. Y took the stand and pleaded the Fifth Amendment. After the hearing, Mr. Bonet dismissed the charges against Mr. Y and Mr. Y testified for Mr. M. The jury found Mr. M guilty and the Court of Appeals upheld the decision.
Mr. Bonet’s conduct violated RPCs 3.4(b), prohibiting lawyers from falsifying evidence, counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law; 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; and 8.4(d), prohibiting conduct that is prejudicial to the administration of justice.
Sachia Stonefeld Powell, Marsha Matsumoto represented the Bar Association at hearing. Douglas Ende represented the Bar Association on appeal. Robert A. Roden and Robert A. Wright represented Mr. Bonet at hearing. Mr. Bonet represented himself on appeal. Michael Riggio was the Hearing Officer.
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