TOWNSEND OWNS UP TO DRINKING

Prosecutor Opts For Treatment Over Trial

SEATTLE -- Snohomish County's top criminal prosecutor acknowledged a
serious drinking problem Wednesday by agreeing to an intensive two-year
treatment program instead of facing prosecution for drunken driving.

Jim Townsend, 44, was granted a deferred prosecution during a brief hearing
before King County District Court Judge Darcy Goodman.

The move doesn't mean that Townsend has ducked the charge, but he won't be
prosecuted and can ask the court to remove the incident from his driving
record after two years.

The treatment alternative often is allowed for first-time drunken driving
defendants who admit they have a drinking problem and are willing to seek
help.

"We are going to treat Mr. Townsend no differently than anybody else. We
have no objection," King County deputy prosecutor Dennis McCurdy told the
judge.

Townsend was stopped by a state trooper on Dec. 13 on I-5 near south
Everett, after another motorist using a cellular telephone called to report
alleged erratic driving.

Arrest reports and most other records related to the case have not been
released by law officers, prosecutors or the judge.

McCurdy on Wednesday said Townsend's blood-alcohol content when arrested
was somewhere between .16 and .17.

It is against the law to drive with a blood-alcohol level above .10. The
Legislature recently lowered the level to .08, effective January 1999.

King County prosecutors filed the charge against Townsend in Seattle after
being asked to review the case by Townsend's boss, Snohomish County
prosecuting Attorney Jim Krider.

Krider asked for an out-of-county review because of the obvious legal
conflict the case created for his office.

Townsend has been a prosecutor in Snohomish County since 1978 and
supervises the criminal division, advising on cases large and small and,
from time to time, doing trial work, including the recent successful
prosecution of an aggravated murder case.

He had been considered a strong contender for appointment to a Superior
Court judgeship by Gov. Gary Locke, but withdrew his name in December
within days after his arrest.

Townsend left the courtroom Wednesday without speaking with reporters and
could not be reached for comment. He was on vacation from work this week.

Judge Goodman was presented a detailed accounting of the proposed treatment
program for Townsend, but she declined to permit reporters to review those
files.

McCurdy said Townsend will be required to complete two years of outpatient
treatment programs, including individual and group counseling sessions. His
treatment begins late this month.

Townsend's progress will be monitored by King County probation officials,
Goodman said.

Part of Wednesday's procedure included Townsend agreeing with police
reports pointing to his guilt. If he commits any crime or fails to complete
treatment, his deferred prosecution will be revoked and he'll be hauled
back into court for a bench trial on the drunken driving charge, McCurdy
said.

In that case, Townsend will not be able to raise a defense and the judge
will make her ruling based solely on the police reports, he said.

"You know that if you get revoked, you are going to be found guilty,"
McCurdy said.

The prosecutor added that Townsend was granted a deferred prosecution
because he is eligible for the program, and for no other reason.

"I've done everyone imaginable, from athletes to executives on down," he said.

Seattle Seahawks head coach Dennis Erickson sought a deferred prosecution
in 1995, after he was cited for drunken driving near Marysville. His
blood-alcohol content tested at .23.

Besides being ordered to have no additional offenses, Erickson was required
to attend at least 208 Alcoholics Anonymous sessions during the next two
years, according to court records.