Judge Heavy Investigated

The Columbian (Vancouver, WA.)
May 16, 1995, Tuesday

JUDGE HEAVEY INVESTIGATED

BYLINE: By BRETT OPPEGAARD The Columbian
SECTION: A section; Pg. A1
LENGTH: 488 words

    STEVENSON -- State and Skamania County authorities are in the middle of an investigation into the fraudulent use of a dead woman's credit card, and Superior Court Judge Bernard Heavey is being questioned.
    Here is what has happened:
    On April 10, The Columbian received an envelope from an anonymous source. It contained two dated and signed credit card receipts one for lunch at Denny's in The Dalles, Ore., and the other for gas at Texaco in Stevenson.
    The receipts showed charges in 1989 and 1990 made to Edna Forrest Hyde's credit card. They were signed, "Forrest Hyde," but the woman died in 1985.
    The bills were sent to a Stevenson post office box.
    According to an official in the Skamania County Prosecuting Attorney's office, the person who used the dead woman's card could face felony charges for criminal impersonation, theft, forgery and unlawful use of a credit card.
    Asked by telephone this morning if he used the credit card after Hyde's death, Judge Heavey said, "That doesn't deserve the dignity of a reply." When asked again, he said, "This is not the forum for that discussion," and hung up.
    Heavey met Hyde in the late 1970s.He was the executor and main beneficiary of the widow's estate.
    He controlled her money, her credit cards and also received more than $ 400,000 from her will.
    The credit card was finally revoked in August 1994, nearly 10 years after her death, because the annual fee wasn't paid.
    The Columbian turned the receipts over to the Skamania County Sheriff's office in mid-April.
    Chuck Bryan, chief criminal investigator for the county, has been working on the case since then.
State joins probe
    "We are continuing our investigation with the assistance of the attorney general's office," Bryan said.
    He said the state became involved because of the possible conflict of interest between Skamania County prosecutors and Heavey's position as the only superior court judge in Skamania and Klickitat counties.
    Attorney general investigator Robert Keppel, who has previously worked on several misconduct cases as well as the Ted Bundy and Green River killer cases, will head the state's investigative team, and Greg Canova, a senior assistant attorney general, would handle any prosecution.
    "We will be working closely with Skamania County," Keppel said.
    Monday, Sheriff Bryan received the last piece of evidence needed to get a subpoena for Hyde's credit report.
    He plans to interview Heavey Wednesday.
    If Heavey is found to be the one using the card, he would be in violation of the judge's code of conduct, said David Akana, executive director of the Commission on Judicial Conduct.
    "A judge will follow the law," Akana said. "It's one of the basic rules."
    A judge found in violation of that code can be brought in front of the 11-member commission, which can then recommend suspension or removal of the judge to the state supreme court.