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Tuesday, February 7, 2012

Judge's Ruling on Occupy Prosecutions Threatens DA's Reliance on "Violations"

Posted by Denis C. Theriault on Tue, Feb 7, 2012 at 7:03 PM

Thanks to a potentially far-reaching ruling by Multnomah County Judge Cheryl Albrecht, a whole mess of Occupy Portland-related misdemeanor cases that had been busted down to time- and cash-saving citations, or "violations," may now have to be prosecuted as vigorously as any other criminal case.

Instead of the usual routine for so-called violation trials—hearings without a defense attorney, in front of a judge, with the threat of fine, but not jail time or probation—the Occupy defendants covered by Albrecht's ruling will now be entitled to jury trials and public defenders. And the burden of proof will rise to "beyond a reasonable doubt."

The ruling, issued late Monday, came in response to a motion by attorney Bear Wilner-Nugent, the lead attorney on a case with some 20 occupiers named as defendants. It's technically binding only on the current case before Albrecht, but it could wind up affecting dozens of other non-Occupy cases, gleeful defense attorneys tell the Mercury—under-cutting a reliable budget-stretching strategy by the Multnomah County District Attorney's office and maybe even changing the way officers interact with protesters.

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"They're going to have to give our clients court-appointed lawyers," Wilner-Nugent says, "or they're going to have to dismiss the cases."

Jeff Howes, the senior deputy district attorney in charge of misdemeanor cases, didn't return a miessage seeking comment about Albrecht's ruling. Deputy District Attorney Brian Lowney said only that "we're looking it over, and we're considering our response."

Continue reading »

Thursday, December 8, 2011

Judge Advances Trial in Campbell Shooting, but Peels Off Two Defendants

Posted by Denis C. Theriault on Thu, Dec 8, 2011 at 5:53 PM

While I was at City Hall for today's police accountability hearing, the Oregonian's Maxine Bernstein was minding the latest legal twist in the federal civil rights case filed against the city of Portland and four police officers involved in last year's shooting death of Aaron Campbell.

According to her story, U.S. District Judge Michael Mosman today turned down a dismissal motion by fired Portland officer Ron Frashour, the cop who actually killed Campbell by shooting him in the back with an AR-15 rifle.

But he did agree to drop charges against two other officers: Sergeants John Birkinbine and Liani Reyna. The sergeants were suspended last year because of communications gaffes that led to Campbell's death. One last officer, Ryan Lewton, who fired a beanbag at Campbell that caused him to flinch, leading Frashour to pull his trigger, remains a defendant.

In a rare show of discipline, Frashour was fired last November, with Lewton, Reyna, and Birkinbine each given 80-hour suspensions, for their roles in Campbell's death. The Portland Police Association has challenged the police bureau's discipline, including Frashour's dismissal. After months of intermittent hearings, an arbitrator is expected to rule as soon as January. The federal trial, filed by Campbell's family, is currently scheduled to start in February.

Monday, November 7, 2011

Michael Jackson's Doctor Found Guilty of Involuntary Manslaughter

Posted by Wm.™ Steven Humphrey on Mon, Nov 7, 2011 at 1:44 PM

Dr. Conrad Murray, the personal physician to Michael Jackson, and who was with him on the night he died has been found guilty of involuntary manslaughter in the death of the pop king. Murray was accused of poorly administering the powerful anesthetic drug propofol to Jackson on the night of his death, which the star allegedly requested to help him sleep. From the AP:

Authorities never accused Murray of intending to kill the star, and it took eight months for them to file the involuntary manslaughter charge against him. It was the lowest possible felony charge involving a homicide.

There was no law against administering propofol or the other sedatives. But prosecution expert witnesses said Murray was acting well below the standard of care required of a physician.

They said using propofol in a home setting without lifesaving equipment on hand was an egregious deviation from that standard. They called it gross negligence, the legal basis for an involuntary manslaughter charge.

Wednesday, July 13, 2011

Blogtown Challenge! Watch This Video and Guess Who Got Charged With What

Posted by Denis C. Theriault on Wed, Jul 13, 2011 at 10:59 AM

On May 31, a passerby shot some footage of a fight at Portland State University between a musician selling CDs and another man who apparently didn't care for the music the first man was selling. Eventually, after filming stops, the cops got involved, reports were taken, and charges were filed.

Your mission! In the comments below, tell us anyone and everyone who you think might have been charged, and with what. Then, to see how well you did, pick up this week's paper when it hits the stands, or click over here once this week's stories go online sometime tonight.

No prize, other than feeling smart.

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Tuesday, July 5, 2011

Best Celeb Tweets about the Casey Anthony Verdict

Posted by Wm.™ Steven Humphrey on Tue, Jul 5, 2011 at 2:14 PM

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[Author's note: Lo Bosworth is one of my favorite characters from The Hills, who I once compared to "a rabbit receiving a surprise prostate exam."]
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More fun/sad/dumb celeb tweets here.

Thursday, May 12, 2011

New Derogatory Term for Gay People: Sweet Smellin' Jockstraps!

Posted by Wm.™ Steven Humphrey on Thu, May 12, 2011 at 10:44 AM

This news story depicts Judge Phillip Kirk of Waupaca, Wisconsin giving a school bus driver the verbal smackdown for sexually abusing some kids—WHILE trying out his his new comedy act! Apparently he's one of those people who think that child molesters are also automatically homosexual... or as he puts it, "Gayer than a sweet smellin' jockstrap." He has more to say on the subject, too... and exactly what did homophobes do with people's penises back in the '40s??

Dear Mr. Judge: Don't quit your day job. Or on second thought, do.

Wednesday, March 23, 2011

You're Better Off Bringing Your Teeth to a Knife Fight

Posted by Denis C. Theriault on Wed, Mar 23, 2011 at 3:44 PM

The state appellate court published an interesting ruling today, clearing up a question I'm not sure I'd ever thought about: Should your teeth—if you use them to, say, gnaw on someone's ear—be considered a "dangerous weapon" under Oregon law?

Saying yes would open chewers and biters to first-degree assault charges—with a mandatory minimum sentence (thanks, Measure 11!) of 90 months. Saying no would mean only a second-degree assault charge—with the difference being nearly two fewer years behind bars.

The question came before the court after a defendant in Marion County appealed his first-degree ear-snacking sentence last summer. In appealing his circuit court conviction, defendant Scott Russell Kuperus looked to the law's definition of a "dangerous weapon," which relies on terms like "weapon, device, instrument, material or substance."

And a panel of appellate judges, saying only "scraps" of evidence suggest lawmakers ever intended otherwise, agreed.

A "weapon" should be viewed as something with which a person could be armed or fortified. Because a defendant does not arm himself with his own body and parts thereof, including his teeth, his own teeth cannot be considered a dangerous weapon for purposes of first-degree assault.

The lesson for all you brawlers out there? Stow your switchblades and start sharpening those canines.

Continue reading »

Monday, March 7, 2011

Yes, Even the Mayor Has to Sit Through Jury Duty

Posted by Denis C. Theriault on Mon, Mar 7, 2011 at 3:44 PM

On a break from jury duty.
  • On a break from jury duty.
Anyone poking their heads into courtrooms around the fifth floor of the Multnomah County courthouse this morning would've seen an all-too-democratic sight: Mayor Sam Adams, sitting in his windbreaker and slacks, answering attorneys' questions with a bunch of other prospective jurors.

When I found him, he was in Courtroom 528, part of a group of some two dozen people enduring interviews for a negligence trial involving a woman who was suing an attorney over what she alleges was faulty advice. In the few minutes I sat in the back of the courtroom, attorney John Tollefsen spoke with much of the group, including a commercial property landlord, a retired nurse, a Siltronic accountant, a former jury foreman, and a human resources executive.

After about 15 minutes or so, he finally acknowledged the familiar face in the room, asking "Mr. Mayor" whether his busy schedule and pile of responsibilities would make jury duty difficult.

"It's manageable," Adams answered. "Except for Thursday. It's the second city council meeting of the week. I have to attend. I can miss the first one."

(My ears perked up. Thursday's the day council, if Adams' office can put its proposal together in time tomorrow, is next scheduled discuss the Joint Terrorism Task Force.)

Later Tollefsen asked if anyone in the room had ever hired a lawyer for advice, kind of an important issue for the case at hand. Naturally, Adams' hand was among those raised.

"Mr. Mayor, I sort of assumed," Tollefsen said to laughs. "I'm not going to ask you about your issues."

During a break, I caught up with Adams, who said this was his third time slogging through jury duty since working at City Hall. I asked him if his comment in the courtroom was an indication his JTTF proposal—expected to be something like a memorandum of understanding with the FBI—was on track. If the proposal is late, his office said it would cancel Thursday's hearing.

He raised his eyes from his iPhone, offered a Cheshire grin, and said he couldn't discuss it. Fine. But I still wouldn't start making other plans. Oh, and no, the mayor was not picked.

Thursday, February 17, 2011

No Case Yet, but Fraud Complaint by PGE Park Gadfly Under Review

Posted by Denis C. Theriault on Thu, Feb 17, 2011 at 2:44 PM

Peter Apanel has been louder than most in Portland when it comes to questioning whether the renovations of PGE Park for the Portland Timbers will actually make the place comfortable enough for the kinds of sellout crowds that city officials are hoping to attract.

In airing his claims, we haven't always treated him so kindly. But he's determined, and now he's turned to the Oregon Department of Finance and Corporate Securities (DFCS), based on the fact that municipal bonds are central to the upgrades. Apanel has filed a complaint that accuses the city council and Timbers of fraud: hiding "material facts" during the public process leading up to the bond sale—specifically that the renovations fall short of Major League Soccer's design guidelines for its stadiums.

Still, it's a long-shot complaint, even if people who don't want to wait in line for toilets at the stadium might be sympathetic.

Continue reading »

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Wednesday, January 19, 2011

Mixed Verdict in Alleged Blow Pony Gay Bashing

Posted by Sarah Mirk on Wed, Jan 19, 2011 at 12:58 PM

The verdict is in on the long-awaited trial of an alleged gay bashing that occurred outside Blow Pony back in April 2009.

I detailed the whole story in court yesterday. Local DJ and queer activist Airick Heater pressed charges against alleged basher Blake McCune, who was on trial for two crimes: intimidating someone because of their sexual orientation and interfering with a police report, for slapping a cell phone out of Heater's hand as he tried to call 911

This morning the jury determined that McCune was guilty of interfering with a police report. But they determined he was not guilty of intimidation for calling Heater a "fag" and allegedly punching him in the face.

The not guilty is probably a result of the seriously conflicting stories witnesses told yesterday about the incident. Two witnesses (who are McCune's friends) told the jury that no one was shouting gay slurs during the incident, as Heater alleged, and that no one was punched in the face. A prosecution witness (who was friends with neither side) said he definitely saw McCune punch Heater in the face, but could not speak to hearing any of the gay slurs.

Update 2:21pm— For the crime of interfering with a police report, McCune received 18 months probation and 80 hours of community service. His lawyer, Troy Pickard, says McCune plans to do the community service with some type of GLBT advocacy group.

Tuesday, January 18, 2011

Gay Bashing on Trial: Court Finally Hears Both Sides of 2009 Blow Pony Scuffle

Posted by Sarah Mirk on Tue, Jan 18, 2011 at 4:53 PM

An alleged gay bashing at a popular Portland gay dance night in April 2009 finally got its day in court today.
Update 1/19: The jury found Blake McCune not guilty of intimidation, but guilty of interfering with a police report. /end update


The case became a major discussion point last spring, when it was brought up at a public forum as a key example of gay-bashing in Portland going unprosecuted. It's a bit of a he-said-she-said case and the conflicting stories make it difficult to pin down exactly what happened. But they both paint a tense portrait of group, and one person specifically, not willing to turn their cheek to the word "fag".

Both sides agree that on April 12th, 2009 a scuffle occurred outside Blow Pony, a queer dance night at Casey's bar on NW 6th and Couch, and the word "fag" was shouted. When Blow Pony organizer Airick Heater tried to call the police, a man named Blake McCune knocked the phone out of his hand.

The prosecution says the scuffle clearly amounted to gay bashing. The defense says it was some heated words that sparked an over-reaction from a gay man burning with anger about homophobia in Portland.

What's up for debate is whether McCune shouted at Heater and hit his phone specifically because he thought Heater was gay, or just because McCune was angry. McCune and two of his friends dismiss the prosecution's claim that McCune shouted terrible anti-gay slurs at the crowd and punched Heater in the face.

This is actually the second time around for the case. The DA admitted that it screwed up when Heater originally pressed charged in 2009, copping to a clerical error that accidentally mailed Heater's trial notices to Minnesota. McCune is currently facing charges of intimidation based on sexual orientation and interfering with a police report.

After hearing testimony from both sides all day, the jury is deliberating on the case now. I'll update when they make a decision tomorrow morning.

On the one side is Heater, a well-known and outspoken activist in Portland's queer community. As an organizer and DJ for Blowpony, Heater stands out with his bright red hair and knuckle tattoos. In his opening statement to the jury today, defense attorney Troy Pickard described Heater as a "man who felt besieged by anti-gay sentiment from all sides in Portland."

On the other is McCune, a 23-year-old from Vancouver who admits that he seems physically intimidating, at a burly 6'5 ("I look like a big football player. I look like I'm joining the army," he told me in an interview) and admits that, in the heat of the moment, he got angry and called Heater a fag, but says he never punched him.

Airick Heater, at a Q Center forum last spring.
  • Airick Heater, at a Q Center forum last spring.

Continue reading »

Wednesday, November 17, 2010

Know Your Rights: What the ACLU Taught Me About Police Rights

Posted by Andrea "the Intern" Vedder on Wed, Nov 17, 2010 at 5:43 PM

Tuesday night the Center for Intercultural Organizing hosted an event called Know Your Rights, which was billed as a workshop about what to do if contacted by police while in my car, on the street or at my home. I knew that Legal Director Kevin Díaz of the ACLU would be there, and that there would probably be chocolate chip cookies too (there were!). As it seemed an opportunity ripe for the education of a budding criminal, I invited my younger brother to come along.

Unfortunately, what he and I learned is that we don't have nearly as many rights as we'd hoped. Díaz kept repeating, "It all depends on the facts of the case," but here's a short list of things you might not know about your rights with the police:

1. Officers can legally lie to you (as in, threaten you with "possibilities" of arrest, overnight detainment or K-9 units, or promise you special deals if you "make things easier" and give up information).

2. According to Díaz, police can ignore your refusal to consent to a search. If they find anything in their not-consented-to search of your car, home, backpack or person, they can still arrest you for it and use that evidence in court. In the end, it's up to your lawyer to get illegally-obtained evidence thrown out. Edit (11 pm): A 1914 Supreme Court ruling calls this illegal search and seizure, a 2009 Supreme Court ruling clearly defines the rules regarding car searches and the evidence from an unwarranted search and seizure almost definitely won't hold, but I suppose it could still happen.

3. If an officer asks you to step out of your car, you have to—even if you didn't do anything illegal. Recently, in the lovely state of Washington, a pregnant woman was tased three times for refusing to step out of her car, and the court deemed the treatment appropriate!

4. The U.S. border extends to 100 miles inland and "the best way to think of your rights at the border," says Diaz, "is that you have no rights." In this fun zone, Diaz says law enforcement agents can conduct body cavity searches at their whim and leave you with "no legal recourse whatsoever".

5. It's illegal to record or videotape (with audio on) other persons—including the police—without their consent. And because it's a crime to record someone without their consent, the police could prosecute you for doing it. Edit (11 pm): Check out articles on these controversial state-level rulings and whether they'll hold up to long-term scrutiny (or apply to Oregon courts) from The Boston Globe, The Washington Post, The Oregonian and The Freeman. This is also interesting (thanks to AI M).

More information I learned after the cut.

Continue reading »

Monday, November 1, 2010

Transgender Driver Accuses Portland Cop of Groping

Posted by Denis C. Theriault on Mon, Nov 1, 2010 at 4:46 PM

This just in from the Oregonian: A transgender woman is suing the city for more than $200,000, claiming a Portland police officer roughly grabbed her breasts and genitalia during a search after a traffic stop two years ago.

According to the O's story, Chloe Lucero, 27, was pulled over by officer Kevin Macho after a birthday brunch with her family. In the suit, she says Macho falsely accused her driving while drinking and and then dragged her out of the car, where he groped her roughly. The suit also says that although Lucero appears to be a man, she identifies herself as a woman on her driver's license and that Macho was aware of the distinction.

The suit was filed Friday at the Multnomah County courthouse. Lucero's attorney, Dan DeNorch, did not return the Mercury's call seeking comment, nor was he reached for comment in the Oregonian story. The city attorney's office also declined to speak to the Oregonian.

Police spokeswoman Lt. Kelli Sheffer did talk, however, but not about the specifics of the case. She told the O that patdowns are routine and that usually, but not always, they're performed by an officer of the same gender as the suspect. She also said she didn't know of any specific policy addressing transgender suspects.

Friday, June 25, 2010

Judge Stalls Release of Boy Scout Perversion Files

Posted by Sarah Mirk on Fri, Jun 25, 2010 at 1:03 PM

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  • sparrow v. swallow
Reporters from the Oregonian, AP, New York Times and lil old Mercury issued a collective groan this week when Judge John Wittmayer handed down his decision about whether the Boy Scout of America's 20,000 page "Perversion Files" used in a recent landmark sex abuse case should be made public. Judge Wittmayer ruled that, yes, the files should be public. But he placed a "stay" on the files' release, pending a Boy Scouts appeal of his decision. The files will stay sealed until he lifts his stay, which could be tomorrow. Or next month. Or three years from now.

"We won, but the order doesn't go into effect yet," explains Kristian Roggendorf, one of the attorneys working on the five local sex abuse cases facing the Scouts. "We have no idea when the stay will be lifted." There are two options here: the Boy Scouts could seek review in the state Supreme Court challenging the judge's order to make the files public, or media to appeal to the Supreme Court and say this stay is unjust.

GAAHHHHH! As I wrote about while Judge Wittmayer was mulling over whether to release the files, there's a great public benefit served by knowing the extent of abuse within the Boy Scouts. Since it has apparently been well-documented in these Perversion Files and the files were used in a court in a state whose laws promise open access to courts, the state has the obligation to release the files so we can all see, for our safety and the safety of Oregon's kids, what has been going on in the Scouts and whether they have engaged in a massive cover up of child sex abuse.

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Monday, June 14, 2010

Boy Scouts Argue to Stop Release of "Perversion Files"

Posted by Sarah Mirk on Mon, Jun 14, 2010 at 11:33 AM

Portland lawyer Kelly Clark won a landmark sex abuse case against the Boy Scouts of America last month, when a Multnomah County jury awarded his client $20 million in damages for abuse he endured as a young scout decades ago. But that's only half the battle. Clark was back in court today arguing to Judge John Wittmayer that the Scouts' 20,000 page "Perversion Files" should be made public. Local and national media have signed onto the argument, including the AP, New York Times and Oregonian.

Lawyer Kelly Clark with the Boy Scouts secret perversion files.
  • Lawyer Kelly Clark with the Boy Scout's secret perversion files.

The 1,247 files were the Boy Scouts' system to keep track of people who should be banned from volunteering with troops, including child molesters and known gay men. The files were used as evidence in the groundbreaking child abuse case, but unlike nearly all evidence used in Oregon trials, at the request of the Boy Scouts, the judge ordered the files could not be turned over to media.

"The Boy Scouts of America does not get after all these years that healing does not start until all the secrets are out," Clark said this morning in court, his voice raised and angry. "Break the secrets! Be done with it! The Boy Scouts are asking you to put these files back in a locked cabinet!"

"And all this happens in a state where the constitution says we have open courts, were evidence should be accessible," argued Clark.

I've seen the perversion files—well, the cardboard boxes that they're stacked in, anyway. The actual files are sealed by a court protective order, open to only the lawyers involved in the case. Being able to actually see the files piled up, but not read them... you can imagine how frustrating that is to a reporter.

Below the cut: The boy scouts' opinion.

Continue reading »

Tuesday, May 11, 2010

Chasse Settlement: Case Dismissed

Posted by Matt Davis on Tue, May 11, 2010 at 9:23 AM

I've just spoken with a clerk at Federal Courthouse who says an order of dismissal was entered in the Chasse case yesterday. That means that attorneys for both sides have told the court they have reached a settlement, and that they have 60 days to "consummate" the settlement. The next step will be for city council to vote on the settlement, to consummate it. If that does not happen, for some reason, then the attorneys can ask to reopen the case before the 60 day deadline.

The amount of the settlement was not entered in the court record, meaning we'll have to wait for the attorneys to disclose it. The city attorney's office is yet to return a call for comment, while it's understood that Tom Steenson, attorney for the Chasse family, is working on a statement for release later today.

Big questions outstanding: 1.How much is the settlement for? 2.Does it include a gag order, or can the family talk about details of the case? 3.Does it include a commitment to various policy reforms at the police bureau, which the family said they were seeking when they filed the suit in the first place? 4.What will happen to Officers Christopher Humphreys and Kyle Nice, as a result of the settlement?

Friday, April 23, 2010

Boy Scouts Must Pay Sex Abuse Victim $18.5 Million

Posted by Sarah Mirk on Fri, Apr 23, 2010 at 5:34 PM

Late breaking Friday afternoon news, everyone!

The jury has returned an astounding verdict in the case of the former Oregon scout who was sexually abused by his scout master, Timur Dykes, multiple times after Dykes confessed to leadership that he was a pedophile.

Victim Kerry Lewis, right, and his lawyer in court two weeks ago.
  • Victim Kerry Lewis, right, and his lawyer in court two weeks ago.

Ten days ago, the jury found the Boy Scouts, the local scout council and the Mormon Church (whom Dykes told of his activities) liable for $1.4 million in pain and suffering. The jury's decision today slapped another $18.5 million on the scouts, finding they were criminally liable for $18.5 million failing to protect children. I wasn't in the courtroom today, check out The Oregonian for the details.

But the case is important beyond the verdict handed down today. It shines a light on decades of sex abuse among the scouts, and is only the second time that the scouts' massive "perversion files" have been hauled into the courtroom. The Boy Scouts of America, it turns out, have kept lengthy files of questionable volunteers for decades now, documenting alleged sex abuse along with issues like sexual orientation. In the next phase in this trial, Judge John Wittmayer will hear arguments on whether those files should be made public. Shouldn't we all get the chance to page through 20,000 pages documenting the Boy Scouts of America's failure to protect its scouts?

Friday, March 12, 2010

Bad Apple Humphreys: State Drops Case

Posted by Matt Davis on Fri, Mar 12, 2010 at 1:28 PM

The District Attorney's office has dropped charges against Lisa Coppock, a woman with mental health problems who is alleging she was beaten up while being arrested by Officer Christopher Humphreys—the cop at the heart of the beanbag girl incident and the death of James Chasse.

HUMPHREYS: BAD APPLE REPUTATION
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  • HUMPHREYS: BAD APPLE REPUTATION
"It's been two years, and really a challenge. It's been brutal," says Coppock's mother, Marcia Meyers.

Coppock's attorney, Lawrence Taylor, had served a subpoena on Officer Humphreys to appear in court for a trial next Tuesday. Coppock was charged with theft of services, resisting arrest, and interfering with a police officer. But the state dropped the charges yesterday.

"Our attorney said it was a game of chicken," Meyers says. "And people like Lisa, who are in the pecking order of power and control, they end up in the mental hospital, they end up on the street, or they end up committing suicide or in the penitentiary because it's too much."

"[Civil rights attorney] Greg Kafoury said there's no civil suit here, because it's the police's word against Lisa's," says Meyers. But she has been going to meetings of the Albina Ministerial Alliance Coalition for Justice and Police Reform. Meyers is also consulting with other attorneys.

"Two years they played chicken with her, and spent hundreds of thousands of dollars on this," says Meyers. "Two months she was hospitalized down in Salem. And thank goodness she showed up every time, because otherwise they could have found her guilty. Every time she was in court, that cost the taxpayer something. And not to mention all those hospitalizations, and the attorney."

Anna Griffin ran a column on this story on March 2. We first ran the story in January 2009.

"I hope a light is shone on this archaic system," says Meyers, who intends to attend the meeting at 2pm on Sunday at Portland State of the Citizens' Review Committee to discuss committee relations with police.

Friday, March 5, 2010

Campbell Shooting: Details Of Sgt.Reyna's Discrimination Suit You Didn't Read in the Oregonian

Posted by Matt Davis on Fri, Mar 5, 2010 at 11:58 AM

The Mercury spent several hours yesterday rooting through the case files from the discrimination suit filed by Sergeant Liani Reyna—the supervisor on scene at the Aaron Campbell shooting—against the police bureau's Special Emergency Response Team (SERT team).

Officers are asking whether Reyna didn't call SERT to the scene on January 29 because she may have had an ongoing mistrust of the team following her six-year legal case. Bureau spokeswoman Mary Wheat has since told the Mercury that Reyna has "used Sert in the past and has a good relationship with them." But that's not what Reyna told the court in 2005, according to trial transcripts shipped down from a Seattle warehouse this week.

"After my experience on the SERT Team, I have no respect for those guys," she wrote, in a summary of her SERT experiences submitted to the court before the trial. "The team's weakness came to light and overshadowed their strengths. They lack integrity, moral standards, tolerance for different ethnicities, gender, and sexual preferences. No man on that team stood up for what is right and what is just. They are all followers and they lack leadership. They are cowards and hide behind their unity."

"I am not like them," wrote Reyna. "I do have tactical savvy and excellent firearms skills, and I am in great physical condition. But I have integrity and morals. I did not demean myself to their level...the team's image must be cleaned up so that the bureau can respect and be proud of its tactical team."

Bitter, much? The same feelings were reflected in Reyna's court testimony, according to transcripts. Much more from the suit, including some remarkable details about "butt dipping" and so-called "bullshit sessions" after the jump.

Continue reading »

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Thursday, March 4, 2010

Beanbag Girl Sets Bedroom On Fire

Posted by Matt Davis on Thu, Mar 4, 2010 at 12:43 PM

Credit where it's due to WW reporter James Pitkin for this scoop: Beanbag girl was re-arrested last night after setting her bedroom on fire while watching TV footage of her sentencing yesterday afternoon.

You go, beanbag girl! Or at least, I understand why she did it. Listening to the trial proceedings yesterday I was struck repeatedly by how little chance this girl has of succeeding in life. Her mother was sentenced for delivery of cocaine in 2007, she was raped at the age of 7. At the end of the trial I was thinking, frankly, thank God I was born white and affluent. I've been spared a lot of bad luck in my life, I'm unlikely to be profiled by police, and there are a few socially acceptable outlets for my anger. What does this girl's future hold?

I also want to stress that I found the judge's decision to try the case herself, instead of proceed with a jury trial, abhorrent. We, as a community, were charging this girl with adult crimes—felonies that will stay on her record—and yet she's not entitled to a jury trial? While the judge wasn't swayed by any of the defense's arguments about the cops lying in their reports, breaking escalation procedures and essentially causing the outcome that they did, I feel certain that a jury would have been. It's not the judge's place to make rulings like this—it's a jury's. And if the judge was thinking that by finding the girl guilty, she could use the justice system to keep a closer eye on her, well, that's not true. From the girl's perspective, or at least from mine, the judge was just out to protect the rogue officers from justice.

It's enough to make me want to set something on fire, too.

Wednesday, March 3, 2010

BREAKING: Beanbag Girl Guilty

Posted by Matt Davis on Wed, Mar 3, 2010 at 2:39 PM

Judge Paula Kurshner has this afternoon found a 13-year-old girl "within the jurisdiction of the court"—that's juvenile court language for "guilty"—of interfering with public transportation, resisting arrest, and assaulting a public safety officer in a trial at Multnomah County juvenile court.

In the end, the case came down to the word of Officer Aaron Dauchy against the girl, and footage from a TriMet platform of what went down. The girl's defense attorney, Stephen West, argued that Dauchy didn't follow police bureau procedures by pursuing the girl and escalating the situation.

"Reviewing the video makes it no doubt in my mind that the reaction of this youth resulted in what happened," said the judge. "She punched the police officer and escalated from there due to her behavior."

Judge Kurshner said that the arrest of the girl's friend, Sheldon Flores, moments earlier, was "calm, controlled, and without incident."

Flores told Dauchy that the incident had been the girl's fault, and the Judge agreed. "The fact of the matter is if this young lady had behaved the way he did, that this young lady wouldn't be here today," she said.

Judge Kurshner sentenced the girl to a probation plan for a year, she's to attend school, obey all school rules, complete an alcohol and drug screening and treatment, mental health screening and treatment, 24 hours of community service, and skill building.

"We are very disappointed with the court's decision," says her attorney, Stephen West. "This incident remains very troubling, and disturbing. It was not right, and it was not fair for the officers to do what they did to this 12-year-old girl."

West plans to appeal.

"I am disappointed," said the girl's mother, afterward. "And we're going to file an appeal."

"Once again the credibility of our officers has been called into question," said Joyce Harris from the African American Alliance, who had been watching the trial. "The police are supposed to follow policy and procedure, and all of us have to do that in our line of work. But when the police break policy they seem to be able to carry on as if nothing had happened."

Beanbag Girl's Mother: "She Doesn't Like To Be Touched."

Posted by Matt Davis on Wed, Mar 3, 2010 at 11:30 AM

I'm in Juvenile Court at NE 68th and Halsey for the resumption of the trial of the girl involved in Officer Chris Humphreys' use of a beanbag shotgun last November.

jessereklaw.jpg
  • ILLUSTRATION BY JESSE REKLAW
The girl, whom the Mercury is not naming because of her age, is on medication to assist with anxiety, anger and aggressive behavior, according to her mother, who testified this morning. The girl has also been seeing a psychiatrist since 2007, said her mother.

"I think the main triggers are when she was 7 she was sexually raped and molested," said her mother this morning. "Then there was the separation of her father and I when she was 3, and she was taken away from home and put in foster homes back in 2006."

As a result, the girl doesn't like to be touched, her mother said. Her attorney asked her mother how she responds to physical direction.

"So, if I'm trying to touch her and help her, she doesn't like to be touched, and so she may be aggressive," said her mother. "And I have experienced the aggressiveness on several different occasions, and sometimes she may comply."

The girl's mother talked to Officer Aaron Dauchy on the phone on the night of the incident, and told him that she had a history of being aggressive, and "that in the past when she feels she has been violated, she responds to that." "With [name redacted], I don't touch her when I want her to do something," said her mother.

The girl also allegedly struck a Fred Meyer security guard in the face on October 29, her mother confirmed.

The girl is claiming self defense in the case, but District Attorney Michael Reidel has relied on a recent supreme court opinion to suggest that the claim of self defense doesn't apply here. Updates shortly.

Friday, February 26, 2010

BREAKING: Officer Humphreys Vs. Beanbag Girl In Court

Posted by Matt Davis on Fri, Feb 26, 2010 at 1:58 PM

Officer Christopher Humphreys and Officer Aaron Dauchy are both expected to be called to the stand this afternoon to testify against the 12-year-old girl whom Officer Humphreys shot with a beanbag shotgun late last year. Humphreys was suspended over the incident, prompting 650 police union members to rally in his defense, wearing t-shirts reading "I am Chris Humphreys." Humphreys was subsequently reinstated, but claimed job stress and as far as we know has been off work on a disability claim ever since.

OFFICER AARON DAUCHY, CENTER, AND OFFICER CHRISTOPHER HUMPHREYS (RIGHT) OUTSIDE THE COURTROOM THIS AFTERNOON
  • OFFICER AARON DAUCHY, CENTER, AND OFFICER CHRISTOPHER HUMPHREYS (RIGHT) OUTSIDE THE COURTROOM THIS AFTERNOON

Deputy District Attorney Michael Reidel opened the case against the girl in juvenile court this morning. She is being charged with assaulting a public safety officer, resisting arrest, and interfering with public transportation.

"We are all here today because of her aggressive actions. Her violence," he said. "This case is about one thing, it's about [name redacted—juvenile] attacking officer Aaron Dauchy. This case is not complicated, it's common sense. She attacked Aaron Dauchy, and it's on video. It's also important that we discuss what this case is not about: It's not about a beanbag. It's not about other officers. It's not about ad-hoc opinions and monday morning quarterbacking. It's about an attack on Officer Dauchy for doing his job up close, in person, in real life, in real time, caught on video."

"On Nov.14th, 12 year old [name redacted—juvenile] was just trying to get home," said Stephen West, the attorney opening the case for the defense. "Eventually she did get home that night, but not before suffering injuries including being shot by a beanbag shotgun. The officer had multiple choices, multiple options, but he chose to pull her off the train even though she was sitting peacefully and quietly, and then escalated the situation from there on."

"It did all happen very quickly," West continued. "But what's most important is this involved a 12-year-old girl with mental health issues as her mother will testify, and a girl that both of these officers knew in advance was a 12-year-old girl. They knew they were dealing with a 12-year-old-girl. I believe the evidence will show that the struggle only started after Officer Dauchy escalated the situation by grabbing her hair. That he was pulling her arms back up, she reacted to the pain, said don't touch me like that, the ofc'er then said "eff you," i'll just use the letter 'f' there. And the video only shows [name redacted] doing a very slight turn with the upper half of her body, not pulling away as Officer Dauchy will claim."

West said there were "numerous contradictions and inconsistencies between the officers' report and what the video recorded." He said the state could not meet its burden to prove the charges beyond a reasonable doubt.

Updates coming. The case has been going on all morning in room 356 at the Multnomah County Courthouse. No cameras are allowed in the courtroom because it's a juvenile case, but reporters from the Oregonian and Mercury have both been documenting the proceedings.

Continue reading »

Monday, February 22, 2010

BREAKING: Campbell Shooting's Missing Sergeant—Why Wasn't SERT Team Called?

Posted by Matt Davis on Mon, Feb 22, 2010 at 5:14 PM

The Mercury may be a little closer this afternoon to answering one of the most outstanding questions in the Campbell shooting. Why wasn't Sergeant Liani Reyna—the supervisor on scene at the Campbell shooting—called before the Grand Jury to testify? And why didn't Reyna call in the Bureau's Special Emergency Response Team (SERT) once a child hostage situation involving a suicidal man with a gun began to unfold?

It's extremely common to call out SERT—the Portland version of a "SWAT" team—in any hostage situation. For example, SERT was called in immediately to intervene in the 2005 incident involving Raymond Gwerder. Not that it made any difference: A sniper on the SERT team shot Gwerder in the back while he was on the phone to a hostage negotiator, just as Officer Ron Frashour shot Campbell after he had been asked to come out of his apartment by a negotiator in this latest case. But why didn't Sergeant Reyna call in SERT promptly, this time?

One possible reason has emerged from court documents obtained by the Mercury this afternoon: It turns out that Reyna has a long-standing sex discrimination beef with the SERT team, including a bitter and drawn-out legal battle with the Portland Police Bureau, which included the City of Portland placing a lien on Reyna's Tigard home and garnering $16,000 in wages in an attempt to recover costs from the case—as recently as 2006.

In 1999, Reyna became the first female police officer to join the SERT team, but resigned in 2002 and then sued the bureau, alleging sex discrimination, a sexually hostile workplace, and retaliation.

Reyna lost a nine-day Federal trial related to the discrimination suit in 2005, but she didn't end things there. Instead she took the case to the ninth circuit court of appeals, alleging that the judge did not ensure a fair trial. Reyna also alleged that the bureau had spoiled and destroyed records relating to her selection to the SERT team. The appeals court once again ruled against Reyna in April 2008.

"As the first woman on the Police Bureau's SER Team, Reyna was exposed to sexist practices that defendants admit were puerile and disgusting," reads the ninth circuit ruling obtained by the Mercury this afternoon. "It appears that she did not object to the SER Team's practices for a while and finally resigned from the Team after a health incident that raised questions concerning her fitness."

Reyna also filed a complaint of sex discrimination, harassment and retaliation against the City of Portland with the Bureau of Labor and Industries in 2004. BOLI wound up dropping the case because Reyna informed them she would be pursuing the city in civil court. Documentation from BOLI is here. More after the jump.

Continue reading »

Tuesday, February 16, 2010

BREAKING: Chasse Case Will Be Tried In Portland

Posted by Matt Davis on Tue, Feb 16, 2010 at 2:21 PM

A Federal Court Judge has this afternoon ruled against the city, which had asked for the case related to the 2006 death in custody of James Chasse to be tried outside Portland. The city had cited media articles about the case as evidence that a fair jury could not be found in Portland, and today was the date set for oral argument.

CHASSE: DIED IN SEPTEMBER 2006
  • CHASSE: DIED IN SEPTEMBER 2006
"As an example of the kind of ongoing publicity, a motion was filed on 11th January, by 19th January in the statewide newspaper we have a commentary piece by Steve Duin," said Jim Rice, an attorney for the city of Portland. "It’s the kind of non-factual reporting that I find both disturbing and prejudicial."

"It’s publicity the city has brought on by itself by the way it runs the police department, and that is just a fact of life," responded Tom Steenson, an attorney for the Chasse family. "But they have not carried the burden. The mere fact that there is publicity out there does not mean there will not be a fair trial."

"The, in my view, the pre-trial publicity is overwhelmingly hostile to the defendants in this case," said Judge Garr King, making his ruling. "There is sufficient inflammatory information out there to raise questions that prejudice exists."

But the city had not met its burden of proof to show that an impartial jury couldn't be found, said the judge. "Portland includes over 1,800,000 residents spread over 11 counties. I do not believe that conclusive presumption of prejudice can be made at this time," he said. "It’s my experience that jurors take their oath seriously, and if there is any question about a juror’s prejudice it can be inspected and challenged."

King says he intends to make use of a week-long jury selection process, during which a questionnaire will be used to determine whether jurors might be prejudiced as part of an extensive "voir dire" process, which is standard before all trials.

Judge King also pointed out that he had personally asked the 120 potential jurors in the case of Vasily Kobel vs City of Portland—which took place last December, and was won by the city—whether they knew about the Chasse case. "The jurors were surprisingly unfamiliar with the Chasse case when we picked a jury in that case," said King. "I’m hopeful that we can select an impartial jury."

King said his ruling could change "if there are inflammatory media articles, speeches, releases that I feel tip the scales," between now and the trial. "I just hope nothing occurs between now and the trial that would cause us to go off in a different direction," he said.

Chasse’s father, James Chasse senior, who bears a striking facial resemblance to his dead son, was once again present in the courtroom this afternoon in a somber dark gray suit with a hand-tied red bow tie. He sat patiently in the back of the room listening to proceedings through headphones for the hearing-impaired.

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