Jack-Pot

Deputy prosecutor Steve Bozarth said Small's ruling deserved review by a higher court. The conflict between laws regarding found property and drug-money seizures "needs to be fleshed out," he said. Bozarth's boss, Sloan, said in a recent interview that "even given the fact these were innocent finders, it's troubling that drug money doesn't go to the agency that interdicts drugs. We felt another court should be asked whether a finder has an interest in that money."

At that point, the case seemed headed for the state Court of Appeals in Spokane, and a likely appeal to the state Supreme Court thereafter. It looked like the Gerths might not see the money for years.

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But, unknown to all but a few people, a few weeks after Judge Small's ruling, Sheriff Rogers quietly handed the money to the Gerths.

"I never announced it because they didn't want a lot of press," Rogers told the Weekly last month. The payment has not been publicly revealed until now.

Neither of the Gerths will talk about the payment today. "There's nothing more to say," Jane Gerth responds. The Gerths' attorney also would not comment.

His choice wasn't all that complicated, the sheriff indicated, once the court ruled.

"The bottom line is, the decision rested with me," says Rogers, 49, a Republican who recently was elected to a second term. "They're good folks, they did nothing wrong, and I just said, 'I'm not going to drag these people through this court stuff again.'"

On Feb. 17, Rogers signed the papers releasing the $507,070—plus about $10,000 interest—to the Gerths. "They came by later and expressed their appreciation," Rogers says. "I'd say they were pretty happy."

randerson@seattleweekly.com