Attorneys for Terry Bean, the Portland real estate developer and Democratic Party fundraiser facing sex abuse charge in Lane County, today filed a motion seeking to exclude evidence about a payment of $220,000 made to the alleged victim in the case.
On Aug. 30, the Lane County District Attorney's office filed a motion seeking to include details of alleged collusion between an attorney representing Bean, Derek Ashton, and Lori Deveny—an attorney representing the alleged victim, who is referred to in court documents by the initials M.S.G.
Bean's filing today said whatever the lawyers may have done in a settlement should have no bearing on the criminal case against him.
There is no evidence that Bean's entry into the civil settlement agreements was for the purpose of "obstructing a criminal prosecution," the motion states. "The state's attempts to criminalize lawful settlement activities or hold Bean liable for the conduct of others lacks any foundational or legal support."
Prosecutors are seeking to argue in a scheduled Nov. 13 trial that Bean sexually assaulted M.S.G. in 2013 in Eugene when the young man was 15 and then paid him $220,000 not to testify at a scheduled 2015 trial.
When the young man indeed refused to testify, the case was dismissed. Charges against Bean were re-filed earlier year, however, when M.S.G decided to cooperate, after alleging the his attorney, Deveny, had stolen most of the $220,000 he was due.
In a statement, Bean's attorney, Clifford Davidson, says the state is engaged in a "witch hunt" against Bean and the details of any civil settlement he may have reached with the alleged victim are irrelevant to the criminal case and could prejudice a jury against him.
"There is absolutely no evidence that Bean paid M.S.G. $20,000 to avoid service, or that he ultimately paid him $200,000 as a "reward" for not testifying as the state suggests," Davidson said in a statement. "The only evidence is that Bean entered into legitimate, run-of-the-mill civil settlement agreements with an individual threatening civil claims against him. That is not extraordinary, and it certainly is not criminal."
Lane County Judge Charles Zennache will hear arguments on the competing motions Sept. 5.