Trooper Reinstated, But Still Not Off The Hook Jackstadt Still Faces Hearing For Stopping Couple On The Way To Abortion

A Washington State Patrol trooper, fired for cheating on an exam, has won back his job. But he could be fired again over claims he harassed a couple seeking an abortion, patrol spokesmen said Friday.

A patrol arbiter, taking over for a deadlocked disciplinary review board, on Tuesday suspended Lane W. Jackstadt for 30 days without pay for the cheating incident, but threw out his firing on grounds the punishment was too severe given lesser actions taken against cheaters in the past.

That means Jackstadt will receive back pay and benefits owed since his Jan. 10 firing, minus the 30 days of pay lost due to his suspension, officials said.

“There is no dispute that Trooper Jackstadt committed the primary act with which he was charged … He readily admitted during the investigation that he recorded the questions and answers to an official examination using employerowned equipment,” arbiter Jack H. Calhoun said in a written opinion.

But “the evidence on the record in this case compels the conclusion that the patrol did not consistently enforce its rule against cheating on examinations. The penalty imposed on Trooper Jackstadt was altogether inconsistent with penalties imposed on other employees for the same and for similar offenses,” Calhoun said.

But Jackstadt, 34, still faces an administrative investigation of his alleged behavior after stopping Justin Cooper, 20, and Deanna Thomas, 18, on July 27 for speeding in the east Seattle suburbs. The investigation could lead to sanctions ranging from suspension to firing, said Lt. Mike Dubee, a patrol spokesman.

The couple alleged that when Jackstadt learned they were hurrying to an appointment at an abortion clinic, he forced them to accompany him to an anti-abortion counseling service run by his church.

Jackstadt, who describes himself as a Christian, said the couple accompanied him willingly.

Thomas had the abortion the next day.

A King County Superior Court jury last month failed to reach a verdict and a mistrial was declared on charges that Jackstadt illegally detained the couple and committed official misconduct. Prosecutors decided not to seek another trial.

But Dubee said the patrol will resume an administrative investigation of the allegations now that the criminal case has ended and the cheating incident has been resolved.

Jackstadt was fired after officials decided he had cheated on a 1992 promotional test for sergeant by secretly taperecording the exam beforehand. The incident was revealed by fellow troopers in October.

Jackstadt is now on administrative leave with pay while the patrol investigates the abortion-stop incident.

Jackstadt’s attorney in that matter, Jerry Karstetter, said Jackstadt had been unfairly singled out for discipline because of publicity generated by the abortion-stop case.

Karstetter said Friday that Jackstadt was elated over news of his reinstatement.

“He was really excited. He’s going to go out to celebrate with his wife tonight. This closes the second chapter in this ongoing saga,” Karstetter said.

The attorney added that he expects the patrol investigation to clear Jackstadt of any wrongdoing in the traffic stop incident.

The arbiter decided the cheating case after the four other members of the review board deadlocked, the two troopers backing Jackstadt and the two command officers supporting the firing.