Pubdate: Fri, 06 Aug 2010
Source: Lynnwood/Mountlake Terrace Enterprise (WA)
Copyright: 2010 The Enterprise Newspapers
Contact:  http://www.enterprisenewspapers.com/section/ETPZoneLT
Details: http://www.mapinc.org/media/4971
Author: Diana Hefley, Herald Writer

FORMER LYNNWOOD ATTORNEY ACCUSED OF SMUGGLING HEROIN TO JAIL INMATES

EVERETT -- Detectives on Wednesday arrested a former Lynnwood attorney
after he was caught allegedly trying to smuggle heroin to an inmate
inside the Snohomish County Jail.

Patrick J. Mullen, 63, reportedly told detectives that he became
addicted to prescription pain killers after undergoing hip surgery
several years ago. Mullen said that more recently he'd become hooked
on heroin, according to a police affidavit filed Thursday in Everett
District Court. Mullen said he agreed to smuggle heroin to inmates
and, in return, he kept some of the drugs for his own use.

Mullen resigned as an attorney in March in lieu of being disbarred,
according to the Washington State Bar Association. He was first
admitted to the bar in 1976 and practiced criminal defense and civil
litigation.

The bar association took action against Mullen after allegations
surfaced that in 2006 Mullen took more than $5,000 from a client in a
child custody case but failed to do any work or communicate. The
Sammamish man wanted legal representation after his ex-wife announced
plans to take their children out of state.

Mullen failed to file any paperwork in the case or show up for court
hearings, but continued to take money, according to the complaint
against him. After a year, the client fired Mullen and the lawyer
agreed to pay back $4,190. Mulllen has never repaid the money,
according to the bar association.

His resignation was based on "conduct involving failure to
communicate, trust account irregularities, and dishonesty."

Despite giving up his license to practice law, Mullen continued to
meet with inmates at the jail and identified himself as an attorney,
according to police. Records show that Mullen visited several inmates
every five to six days from mid-May through July. Sometimes he would
have back-to-back visits.

Attorneys visit clients in private rooms that are visible to jail
staff, but the visits aren't recorded to protect client-attorney privilege.

The lawyers are screened for weapons and other contraband, but jail
staff doesn't pat them down, said Mark Baird, a chief with the
sheriff's office who oversees the jail.

"There is a level of trust. They are officers of the court," he
said.

Snohomish Regional Drug Task Force detectives were tipped off in July
by a confidential source who had heard that an attorney was smuggling
in drugs. On Wednesday, investigators learned that Mullen was planning
to return to the jail, reportedly carrying heroin.

Mullen showed up and identified himself as an attorney and filled out
a visitation form. He was escorted to the visitation room to wait for
his client to be brought down from the detention area. That's when
police moved in and made the arrest.

A small balloon believed to be filled with heroin was found in his
jacket, according to the police affidavit.

Mullen explained to investigators that an inmate had asked if he could
bring drugs to the jail. Mullen told police he was hesitant at first
and started by smuggling in chewing tobacco.

Over time, the former lawyer said he started handing out heroin. He
said associates of the inmates would meet him and provide the drug. He
said he kept some for his personal use and then would deliver the rest
during attorney-client visits at the jail, the detective wrote.

Mullen told investigators that he'd also smuggled heroin to an inmate
Tuesday at the Whatcom County Jail. That inmate had been transferred
from Snohomish County Jail.

Mullen was booked into the Snohomish County Jail for investigation of
introducing contraband and possession with intent to deliver. He
appeared Thursday in Everett District Court, where bail was set at
$2,500.

Jail officials Thursday said that once they learned of the allegations
they searched several cells but didn't recover any heroin. Mullen
wasn't allowed to visit any inmates once the allegations surfaced,
Baird said.

Corrections officers are familiar with most of the attorneys who come
to the jail. If they aren't familiar with the attorney, they require
the lawyer to show identification, Baird said. Attorneys aren't
required to prove that they are lawyers in good standing with the bar.

Sheriff's officials don't receive notification when an attorney is
disbarred or is forced to resign. That information is available on the
bar association's website. Sheriff's officials said they will review
their process to see if there is a way to work with the association to
be notified in the future.

"We get a large number of these visits. We have to balance trying to
facilitate attorneys for the justice process and controlling inmate
safety," Baird said. 
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