The attorney for a former Pasco police officer accused of murder has asked for a new bail hearing over what he says is misconduct by a Spokane deputy prosecutor.

Scott Johnson is representing Richard J. Aguirre, who is facing two separate charges.  He's been accused (by way of DNA) of murdering a prostitute in Spokane in 1986.  He is also facing voyeurism charges, stemming from thousands of pictures and hundreds of recordings of sex acts made in his home - apparently without consent of the other participants. This charge stems from evidence found in his home during the investigation.

In that voyeurism case,  attorney Johnson claims Spokane deputy prosecutor Kyle Treece of falsely accusing the Franklin County Sheriff and Pasco police of leaking information to Aguirre, as he is a former officer.  The statement was made June 5th, Treece saying during a voyeurism hearing there was reason "to believe" members of the two departments leaked the information.

Because of this misstatement, Johnson is asking for a new bail hearing in the voyeurism case, and in turn, for a lower bail to make it easier for Aguirre to meet the demands.  None of the officials in Spokane or Franklin County law enforcement agencies believe any information was leaked, saying Treece misspoke.

Nonetheless, attorney Johnson says that action is cause to throw out Aguirre's old bail hearing and allow him to try again.  Aguirre resigned from the Pasco department after allegations surfaced over a sexual assault last November.  During that investigation, officials found the sex tapes and pictures.

He was also linked by a DNA hit in CODIS to the 1986 Spokane murder.