Beruflich Dokumente
Kultur Dokumente
June/July 2016 Vol. XXXVII, No. 3 and supporting the legal defense community through
education and advocacy.
Defense Attorney
Post-Conviction Relief
Inside What Should You Do When
4 So Long, and Thanks for All
the Fish
PCR Counsel Comes Calling?
Ed Kroll Dennis Balske Page 24
And More
Q U OTA B L E
Philosophers have merely interpreted the world in various ways, the point, however, is to
change it. Karl Marx
Board Members
Laura.J.Anson@opds.state.or.us.
Classified Ads
Deadlines are the same as publication
deadlines.
Members (up to 100 words, 3x/year).............Free
Non-members............................................. 25/word
the Fish
by Ed Kroll
Attendees enjoy the reception honoring Julie after the award presentation.
helps me give back to the
organization.
represented people in need.
Stu Sugarman
19642016
by Alicia Hercher
Richard L. Garbutt, Klamath Falls Shawn A. Kollie, Portland Nicole E. Schaefer, Lincoln City
CANDIDATE STATEMENT AND PHOTO Candidate statements (500 word maximum) and photos received by June
13 will be posted on the OCDLA website.
DEADLINES Nominations must be made by 5 p.m. on Monday, June 13, 2016, to be included on the printed
ballot which is distributed to qualified voting members at the June 1820 Annual Conference. Voting takes place
on Friday, June 17.
RETURN NOMINATION FORM TO OCDLA, 101 East 14th Avenue, Eugene, OR 97401. You may also
phone your nominations to OCDLA Executive Director John Potter at (541) 686-8716 or email jpotter@ocdla.org
by June 13.
6th Annual
Nancy Bergeson
Ardent Advocate Lecture Series
Lecturer Ron Yengich, Attorney, Salt Lake City, Utah
Thursday, July 21, 2016
Program
Emcee Lisa Maxfield, Attorney, Portland
4:30 p.m Reception in memory of Nancy Bergeson and a celebration of defense attorneys.
5:30 p.m. Nancy Bergeson Ardent Advocate Lecture Ron Yengich / Topic TBA
6:30 p.m. Lecture adjourns. Please stay for more food, talk and libations.
Registration In Memory of
$30 by July 11 ($35 after July 11). Visit ocdla.org (click Seminars), call OCDLA, 541-686-8716, Nancy Bergeson
or send payment to OCDLA, 101 East 14th Avenue, Eugene, OR 97401.
CLE Credit Pending approval in Oregon for 1 access to justice credit.
Sponsored by Pacific Northwest Law, LLP, the Federal Bar Association, Federal Public Defender, U.S. District Court Attorney Admissions Fund, Oregon Criminal
Defense Lawyers Association.
and accomplice liability.
H H H
Moderator: Aaron Jeffers, Bend
friday , june 17
12:45p Defending Medical Child
H H H
3:30p Board of Directors Meeting
8a Continental Breakfast (included) Abuse 4p Break
Exhibitors (all day) Lisa Ludwig, Attorney, Portland
4:15p BREAKOUTS
Silent Auction (West Deck, all day) Tiffany Harris, Attorney, Portland
Immigration Issues in a
8:30a Examining U.S. Supreme 1:45p Representing Veterans: Nutshell
Court CasesIncluding Defense and Mitigation Stephanie Engelsman, Metropolitan
ConfrontationandDigital StrategiesPTSD,Traumatic Public Defender, Portland
Evidence BrainInjury,MoralInjury,
Changes in Criminal
Jeff Fisher, Co-Director, Supreme Court Institutionalization,
Cannabis LawsExpunctionand
Litigation Clinic, Stanford Law School Re-acculturationandVeterans
MedicalMarijuana
ResourceCenter
9:30a Justice Scalias Legacy for Brian Michaels, Attorney, Eugene
Jesse Wm. Barton, Attorney, Salem
Criminal DefendantsChanges Persuasive and Powerful
(1 access to justice credit)
NowThatHesGone? Written Advocacy
Jeff Fisher 2:45p Break
Tony Bornstein, Federal Public
10a Break/Door Prizes 3p BREAKOUTS Defenders Office, Portland
Juvenile LawChallenging
10:15a Fighting the Exclusion of 5:15p CLE adjourns for the day
DetentionandKeepingYouthin
Defense Experts 5:15p Board Meeting adjourns
TheirCommunities
Kevin Sali, Attorney, Lake Oswego
Brian Baker, Youth, Rights & Justice, 5:15p First-Timers Reception
11:15a Business Meeting Portland
Candidate Statements 5:30- Beer, Wine & Spirits Festival
Ability to PayLitigating 7:30p Sample beverages, tasty snacks and bid in
Presidents Awards
Fines,FeesandBail the silent auction. Live music, too. Free
Ross Shepard Service
Alex Bassos, Director of Training for attendees. Guests $15.
to OCDLA Award
Introduction of the New
Executive Director
and Outreach, Metropolitan Public
Defender, Portland
Healthy Sexuality in
11:45a Lunch
Children, Adolescents, &
Sponsored by TravelPro, Tigard
Adults
12:45p Voting for Board seats ends. Dr. Laura Zorich, Licensed Clinical
Psychologist, Portland
H H H
Moderator: New OCDLA President
saturday , june 18 H
10:15a Stus Spirit: Rising to the 11:55a Adjourn
H H
8a Hot Breakfast (included) Challenge and Representing Program, speakers, credits subject to change
Protestors due to trial schedules or unforeseen circumstances.
8:45a Maximizing Your Media
Kasia Rutledge, Metropolitan Public
MessagingChangingHearts,
ocdla.org
Defenders Office, Portland
MindsandPublicPolicy
I. India Thusi, Associate Counsel 1 0:35a Break/Prizes/Hawaii Raffle
& Robert L. Carter Fellow, The 10:55a Porn, Lies and Protective
Opportunity Agenda, New York, NY Orders: We Call It Ethics
Lane Borg, Executive Director, PresentedbytheOREGONCRIMINAL
Metropolitan Public Defender, Portland DEFENSELAWYERSASSOCIATION
(1 ethics credit)
Name
& register for the
OCDLA AnnuAL
COnferenCe
Bar# / DPsst#
members, other defense lawyers and
those professionals and law students Name for Badge
directly involved in the defense function.
Address
H Whats included in the fee?
seminar admission (thurs.sat.) City state Zip
Written material download in advance Phone email
friday business luncheon
friday craft beer, wine & spirits tasting
CLe tuitiOn AnD MAteriALS
Continental breakfast friday
hot breakfast saturday Early Bird (by 6/6) Standard (after 6/6)
refreshments at the breaks OCDLA/WACDL/WDA Lawyer r $355 r $380 = $_____
CLe credit
Non-lawyer r $275 r $300 = $_____
Networking, relaxing, a great time!
Nonmembers Lawyer r $435 r $460 = $_____
H Lodging at Mt. Bachelor Village Non-lawyer r $310 r $335 = $_____
fULL. Cancellations occur, call 1-877-394-
8966, ref. oCDLA/292486 Registration fee includes electronic materials; download link emailed prior to conference.
H Alternative Lodging Options Material Options
TownePlace Suites Marriott, $154, some r Add a CD of the materials and supplements for an additional $15. + $_____
pet rooms at $15 per pet per night. Reserve by May r Add a hardcopy of essential materials (without supplements) for an + $_____
25. Call 541-382-5006, mention OCDLA. additional $45. (Pre-order the hardcopy by June 8.)
Fairfield Inn, $154, a sister property of
TownePlace Suites Marriott about two miles from COnferenCe ACtiVitieS
the Marriott, similar amenities. Call 541-382-5006.
Reserve by May 25, mention OCDLA. Thursday Barbecue and Potter Retirement Party, open to all, 5:00 p.m. = free
Tetherow, $169 and $189. Great luxury option. Thursday Night Texas Hold Em Tournament, 7:3010:30 p.m.
Call 541-388-2582, ask for the Oregon Criminal
r entry fee $75/person x _____ = $_____
Defense Lawyers Association room block to receive
the discounted rate. Reserve by May 16. Friday First-Timers Reception & Job Fair, 5:156:00 p.m. = free
Entrada, $129 with one queen, $139 with two Friday Central Oregon Craft Beer, Wine & Spirits Tasting and Silent Auction, 5:307:30 p.m.
queens. Call 541-382-4080. Mention OCDLA.
r guest tickets (registrants free) $15/person x _____ = $_____
Vacation Rental By Owner, vrbo.com
Vacasa Rentals, 503-345-9399, vacasa.com BIG ISLAND Raffle Tickets r $20 each r $50 for 3 r $100 for 7 = $_____
Bend Dutch, 866-322-0218, Raffle winner receives a four-night trip for two people to the Big Island for OCDLAs November 913, 2016,
benddutchrentals.com Sunny Climate Seminar (includes one CLE registration, two roundtrip airfares from Portland)or $1,200 in cash.
Bend Vacation Rentals, 541-385-9492,
bendvacationrentals.com CAnt AttenD?
Bend Chamber of Commerce,
bendchamber.org Save $: Download materials and MP3 audio following seminar, $350, members only, ocdla.org
VisitBend.com r Written materials (CD only) plus audio for credit, $365, members only = $_____
H registration r Written materials (hardcopy and CD) plus audio for credit, $395, members only = $_____
online: www.ocdla.org
Phone: 541-686-8716 OCDLA DOnAtiOnS
fax: 541-686-2319
Mail: 101 east 14th Avenue, r Scholarship Fund assists members who are otherwise unable to attend. = $_____
eugene, or 97401 r Legislative Advocacy Fund supports OCDLAs lobbying efforts. = $_____
Postmark by 6/6 for early Bird Discount. r General Fund supports office operations. = $_____
H Scholarships/Volunteer r Building Fund, to help retire the OCDLA building mortgage. = $_____
Contact oCDLA by June 6 concerning
partial scholarships based on financial MeMBerShip register for Conference, join oCDLA: save $
need, volunteer opportunities to reduce
tuition, extended payment plans or Bar entry 2012 to 2015 r $255 membership, through June 2017 = $_____
creative payment arrangements. Bar entry 2011 or earlier r $360 membership, through June 2017 = $_____
H Cancellations made before June 9 Nonlawyer Professional Membership r $140 membership, through June 2017 = $_____
receive a refund less a $25 cancellation Bar entry 2016New Bar Admittee r $50 membership, through June 2017 = $_____
fee. Cancellations made on or after June 9
after material download link has been Above membership fees include April, May, and June of this year at no cost.
emailedwill receive a refund less a $150
cancellation/written material fee.
pAyMent infOrMAtiOn Payment must accompany registration.
New No-show Policy: Written materials
are sent in advance to all participants. r Check enclosed r VISA/MC/AMEX/Discover TOTAL = $_____
Audio materials in the form of MP3
recordings will be sent to oCDLA Name on Card Card Number
members only; nonmembers who do not
attend are ineligible to receive the audio
CVC# Exp. Date
recordings or a refund.
as crooked, the defense
by Tony Bornstein case is lost.
Alternative Lodging
Options
TownePlace Suites Marriott, $154, some pet
rooms at $15 per pet per night. Reserve by May 25.
Call 541-382-5006, mention OCDLA.
OCDLA Donations
Lodging: Agate Beach Inn
r $25 donation to the Scholarship Fund = $_____
1-800-547-3310
3019 North Coast Highway r $25 donation to the Legislative Advocacy Fund = $_____
Newport, Oregon 97365 r $25 donation to OCDLAs General Fund = $_____
Make reservations by August 15. After
that date rooms may not be available at
Not an OCDLA Member? Add a Membership Now and SAVE!
our special rate ($115 single/dbl ocean Membership effective through June 2017
view or $95 hillside). Mention OCDLA for Bar entry 2012 to 2015 r $245 = $_____
this rate. Pet-friendly rooms, additional Bar entry 2011 or earlier r $350 = $_____
fee. Non-lawyer Professional Membership r $135 = $_____
Bar entry 2016New Bar Admittee r $50 new member, includes $50 CLE Certificate $_____
To Register: Payment Information
Online: www.ocdla.org Payment must accompany registration.
Phone: (541) 686-8716
r Check enclosed r VISA/MC/AMEX/Discover Total = $_____
Fax: (541) 686-2319
Mail: 101 E 14th Ave, Eugene, OR 97401 __________________________________________________________________________________________________________________
Card Number Exp. Date CVC #
Need financial assistance? __________________________________________________________________________________________________________________
Contact by Sept. 6 about payment Name
plans or scholarships.
10:15 Sanism
Colette Tvedt Public Defense Training and
Reform Director, NACDL, Washington, D.C.
Issues of mental impairment create their
own set of biases and demand that coun-
sel evaluate those cases from a different
perspective.
Sunny Climate
Director of Center for Justice, ACLU
A strategic road map: What to ask, why to
ask it, when to object, and the impact of the
Seminar
lawyers behavior.
$999 Seattle
1:00 An In-Depth Conversation
Masterfully lead by Jeff Robinson, and
ppdo from Portland, supplemented by Cynthia and Colette and
or LA issues from the audience, participants will
learn how to best address bias, communi-
($1,099 from Eugene, other departure cities
availablesee reverse.) cate better with the client, the judge, and
the prosecutor. From the multi faceted his-
Includes tory of bias to real life example of what do
you do when, this conversation will amaze,
Roundtrip airfare stimulate and provide tools that will make
Four nights lodging you a more effective lawyer.
Wireless internet
2:30 Break
Snorkel equipment up to
ocdla.org 2:45 An In-Depth Conversation,
four hours per day continued.
Fitness club access
4:00 Adjourn
Parking
CLE credit pending approval in OR, CA, ID, WA and UT.
Call regarding other states.
Plus, add additional nights at unbeatable rates.
OCDLA, 541-686-8716, 101 East 14th Avenue, Eugene, OR 97401, info@ocdla.org, ocdla.org. For program updates visit ocdla.org.
by Dennis Balske
Introduction raised on appeal. But PCR usually means examining trial counsels
work. Im familiar with its demands. Thats one reason I chose to The Cooperation of Counsel
transition out of it. Now I concentrate my defense work on state Because trial counsels investigation, performance, and
post-conviction and federal habeas corpus cases. strategies serve as the focus in PCR, trial counsels cooperation
During my younger days, I tried capital murder cases in the is crucial. The cooperation starts with providing the clients file
Deep South. I was motivated by the excitement and challenges to PCR counsel. The file belongs to the client, and trial counsel
capital litigation brought. I confess that I concentrated on the is obligated to provide it in its entirety. Or Bar Assn Formal
cutting-edge issues and the development of creative strategies, Op 2005-125 (2005).2 Most trial counsel do so willingly. All
perhaps more than the possible fates faced by my clients. As a should.
result, even though my clients lives literally depended on my Keep in mind that a PCR proceeding is not an adversary action
performance, I remained cool, calm, and collected. by the client against previous counsel but by the client against his
But a funny thing happened along the way. The stress hit like or her custodian (acting on behalf of the state). Trial counsel are
a brick wall after I represented my all-time favorite client, Mitchell not parties to the PCR, they are witnesses. Their availability to the
Rutledge, not once but three times before convincing an Opelika, state is limited by their ongoing duties of loyalty and confidentiality
Alabama, jury to spare his life.1 to the client. Trial counsel owes a duty of allegiance to the client.
But I digress. Mitch was not the only one who changed. I Just as trial counsel fought for the clients acquittal or the best plea
became more concerned about my clients than the challenges deal during the trial stage, so too trial counsel should continue to
or the nuances of capital litigation. That concern in turn made support the client (within ethical bounds) when the client considers
representing them at trial more stressful. Hence, my eventual turn or brings a PCR action.
to post-conviction work and the subject of uniting trial and PCR If you are contacted by PCR counsel, be aware that just as
lawyers. you had a duty to investigate at trial, counsel has the same duty in
Generally speaking, there is only one issue in PCR cases PCR. Under Martinez v. Ryan, 132 S.Ct. 1309, 1316 (2012), PCR
whether trial counsel provided effective representation. Occasionally counsel can be found to have provided ineffective assistance if they
the effectiveness of appellate counsel is questioned, and sometimes fail to raise a meritorious claim of trial counsels ineffectiveness.
other claims arise, such as Brady claims that could not have been
2
Oregon is in the majority of jurisdictions that require counsel to provide
Mitch is now the subject of an excellent new book, Death on Hold, by
1
former clients with their entire files. ABA Formal Op. 471 at 3, n. 12
Burt and Anita Folsom (Nelson Books 2015). The authors describe (2015).
Mitchs transition from illiterate street thug to poet and man of
principle, thanks to the saintly helping hands of strangers. These
strangersespecially a very conservative Kentucky professor and an
enthusiastic Los Angeles Catholic nunread Times claim that Mitch
wasnt worth anyones concern after he was initially sentenced to death,
and they befriended him, taught him to read and write, and significantly OCDLA Member Dennis Balske practices law in Portland. He is co-chair of
changed his life. the Capital Defenders Executive Committee.
Three attorneys readily come to mind: Steve Houze, Shaun McCrea, and
Arson 1 164.325 (CS 10 only) 90 10
3
Crime Seriousness
person felonies felony or adult adult misdos than 3 felonies Departure Super-
or one Assault 1 163.185 90 10, 9*
felonies (juvenile plus one juvenile non- non- adults or adult Maximum vision Assault 2 163.175 70** 9
(juvenile or adult) adult
or more person person person non- A A Sentence Att Agg Murder 120 10
or adult) non- felony felonies felonies person misdos misdos (for 163.095, 161.405
person and no felony or two presumptive Compelling Prostitution 167.017 70 8
felony other or 3+ juvenile probation Conspiracy Agg Murder 120 Unranked
juvenile non- 163.095, 161.450
felony cases) Att Murder 163.115, 161.405 90 9
David McDonald.
non- person
person Conspiracy Murder 90 Unranked
felonies 163.115, 161.450
felonies
Kidnapping 1 163.235 90, 300*** 10
Kidnapping 2 163.225 70** 9
A B C D E F G H I Prob
Term
Manslaughter 1 163.118
Manslaughter 2 163.125
Murder 163.115
120
75**
300
10
9, 8*
11****
11 225- 196- 178- 164- 149- 135- 129- 122- 120- Rape 1 163.375 100, 300***10, 9*
4
Three immediately come to mind. Tim Lyons readily admitted he
Rape 2 163.365 75** 8
269 224 194 177 163 148 134 128 121 Robbery 1 164.415 90 9
5 3 Robbery 2 164.405 70** 9
10 121- 116- 111- 91- 81- 71- 66- 61- 58- Sexual Abuse 1 163.427 75** 8
130 120 115 110 90 80 70 65 60
years years Sexual Penetration 1 163.411
Sexual Penetration 2 163.408
100, 300***10, 9*
75** 8
(levels (levels Sodomy 1 163.405 100, 300***10, 9*
9 66- 61- 56- 51- 46- 41- 39- 37- 34- 911) 711)
Sodomy 2 163.395 75** 8
erroneously believed that his objection had fully protected his client
72 65 60 55 50 45 40 38 36 Use Child Display Sex Act
163.670
70 8
* See Crime Categories on back side for Crime Seriousness
8 41- 35- 29- 27- 25- 23- 21- 19- 16- Level criteria.
** ORS 137.712 may authorize court to impose sentence of less
45 40 34 28 26 24 22* 20* 18* than Measure 11 minimum.
*** 300-month minimum applies only to adult defendants and for
3
7
crimes committed on or after April 24, 2006. See ORS 137.700
31- 25- 21- 19- 16- 180 180 180 180 18
for complete information about 300-month minumum.
years
90 90
from the prejudicial effects of the vouching, an admission that led the
**** If defendant at least 15 and knew victim was pregnant, then
36 30 24 20 18 90 90 mos.
unranked.
(levels 7 FI
Elections Fraud 247.125, 247.171(5), Unranked
6
68)
25- 19- 15- 13- 10- 180 180 180 180 6 FI 247.420(2), 253.710
30 24 18 14 12 90 90 90 90 5-F
Encouraging Ch Sex Abuse 1 163.684 8
2 Encouraging Ch Sex Abuse 2 163.686 5
5
Escape 1 162.165 7
15- 13- 11- 9- 6- 180 120 120 120
12
years Escape 2 162.155 6
16 14 12 10 8 90 60 60 60
mos.
Exporting Unprocessed Logs 526.992(2)(b) Unranked
4
Failure to Maintain Drug Records 475.914 1
10- 8- 120 120 120 120 120 120 120 4 CI Fail to Reg Sex Offender 181.599 4
years
11 9 60 60 60 60 60 60 60 3 AF False Info Environment Agency 468.953 1
(levels False Peace Officer ID 162.367 3
2 90 90 90 90 90 90 90 90 90 18 year
False Report Tobacco Products Tax ORS ch 323 1
1&2 False Swearing/Vehicle Business 822.605 1
30 30 30 30 30 30 30 30 30 mos. (levels Felon in Possession of Body Armor 166.642 2
13) Felon in Possession of Firearm 166.270 6
Geoff Gokey admitted that he should not have elicited one witnesss
Crime (Non-Measure 11) Crime Seriousness Cheating at Gambling 167.167 2 Hit & Run/Boat 830.475 6
Abandon Child 163.535 7, 3* Child Neglect 1 163.547 6 Hit & Run/Vehicle 811.705 8, 6*
Abuse of Corpse 1 166.087 5 Coercion 163.275 7, 6* Identity Theft 165.800 Property*
Abuse of Corpse 2 166.085 3 Computer Crimes 164.377 Property* Impersonate Officer/Judge/JP 162.365(2)(b) 3
Aggravated Animal Abuse 1 167.322 3 Conspiracy 161.450 Unranked Incest 163.525 6, 1*
Aggravated Driving While Suspended or Revoked 7 Criminal Mischief 1 164.365 Property* Inmate/Poss Firearm/Weapon 166.275 8, 7*
163.196 Criminal Mistreatment 1 163.205 7 Interfere w/Ag. Research 164.889 Property*
Aggravated Harassment 166.070 6 Criminal Nonsupport 163.555 3 Interfere w/Livestock Prod 167.388 Property*
FSTs
bookings
sentencing/fines
retrograde extrapolation
implied consent hearings
diversion agreementsincluding costs,
eligibility, and the commercial drivers license
motions to suppressincluding the voluntariness of
statements/confessions, compelled evidence, the
right to counsel and exigencies
Library of Defense
Instantly access, from any device, all the cases,
creative arguments and resources you need
to make the best possible case for your client.
Library of Defense.
Listserves
Capital Defender Updates, tips and
encouragement for capital defenders. Email info@
SPECIAL SAVINGS ocdla.org to join.
ocdla.org
ocdla.org Job Search Find a job.
Case: State v. Teressa Raiford Ms. Raifords first volunteer lawyer. He filed a strong challenge
Defense Counsel: Matthew McHenry, Bronson Jamesprior to the charging instrument, demurring to the document as
counsel, Chris Swiftamicus counsel, Davis Wright Tremaine, for unconstitutionally vague, indefinite and uncertain. At the same
the ACLU time, the American Civil Liberties Union weighed in on the case:
Investigators: Eli Rosenblatt and Steve Wilsonalso pro bono cooperating attorney Chris Swift provided an amicus curiae brief
Court: Multnomah County Circuit Court which argued against the legal definitions used in the case and the
Judge: The Honorable Michael Greenlick mental state at issue. He entered the case because the misapplication
Prosecutors: DDA Jeff Lowe, DDA Eamon McMahon of the statute threatens the civil liberties of all Oregonians.
Date: April 1821, 2016 He urged the court to interpret the law in a way that reflected a
Charges: Disorderly conduct in the second degree legislative wish to protect civil liberties by limiting the statutes reach
Verdict: Not Guilty only to conduct that truly threatens to erode the communitys sense
of safety and security.2
A fter a trial which would have heartened our fallen colleague Stu
Sugarman, Teressa Raiford left the Multnomah County Court
a few weeks ago with a victory for the Black Lives Matter movement
When Mr. James developed a conflict of interest in connection
with another case (before he ascended to the bench), Matthew
McHenry took over as counsel for Ms. Raiford. Pretrial hearings in
and for the civil liberties of us all. the case took a full day before jury selection began. In the hearings,
Ms. Raiford was one of about a hundred activists who gathered Sgt. Jacob Clark testified that the protesters were blocking Division
on SE 82nd Avenue near Division Street in Portland last summer. Street and that all but a few left when ordered to stand on the
The group, part of the Dont Shoot PDX movement, was sidewalk. He claimed he gave Ms. Raiford two warnings to get out
protesting on the first anniversary of unarmed African American of the street or face arrest. Officer Billard then testified that she
teenager Michael Browns death when a white police officer shot saw at least five drivers stop and that the protesters kept motorists
him in Ferguson, Missouri. stopped for at least two minutes.
On August 9, 2015, the protesters stepped into the busy city Judge Greenlick watched significant portions of a bystanders
intersection, briefly bringing lines of cars and a TriMet bus to a halt, YouTube video during the hearing. He found that Billards
before returning to the sidewalk. A short time later, Ms. Raiford was testimony was not credible and that it was just not possible
part of a smaller number of protestors who walked, chanting, along that vehicles were stopped a minimum of two minutes as she
the sidewalk and briefly into the street during the demonstration. had claimed. The judge pointed out that the videotape directly
Five police officers suddenly crossed Division Street behind hera contradicted her testimony. (The arrest occurs shortly after the
lot of big blue as she put it during the trialand arrested her. She 20:30 mark on the 22 minute video.) He also found that there was
was one of only two among the group to be arrested and charged no probable cause to arrest Ms. Raiford, thus preventing any police
with the misdemeanor crime of disorderly conduct.1 As the arrest testimony about events which occurred after her apprehension.
occurred, a puzzled Ms. Raiford said that she would not resist Continued on next page
but did not want to engage in a debate with officers. As she later
testified at trial, however, Officer Susan Billard verbally abused her, OCDLA Life Member Susan Elizabeth Reese practices law in Newport. She
berating her for being out here protesting the police when were serves on OCDLAs Education Committee.
trying to help you youre killing each other. OCDLA Member Matthew McHenry practices law in Portland. He serves on
Ms. Raiford insisted she had done nothing wrong. She chose the Education Committee.
to go to trial to focus on the movement to end racial profiling, Bronson James was a longtime OCDLA member and is now a Multnomah
County Circuit Court judge.
targeting Black folks, and police excessive use of force. She
vehemently refused to consider a plea offer. Chris Swift practices law in Portland.
Bronson James, one of a group of pro bono attorneys Eli Rosenblatt is an investigator in Portland.
coordinated to jump into the defense of these protesters, was OCDLA Member Steve Wilson is an investigator in Portland.
Order online.
How to Help
Richard A. Cremer Braulio Escobar
Foundation
Chris & Suzanna Greg Hazarabedian
Joe Conyard
Hansen John Henry
Jenny Cooke You may send a check in the mail, donate online, or
Gordon Mallon Hingson, III
Alice D. Ellis Gaut
Lawyer, P.C. Megan L. Jacquot contact our office at 541-686-8716 or info@ocdla.org.
Guy Greco
David McDonald Peter A. Ozanne
Adam Greenman
Mary Potter Robert Schrank
David A. Hill Scholarship Fund Assists members who otherwise
John & Beverlee Potter Spence & Sabitt, LLP
Robert & Jessika
Susan Elizabeth Reese Karen Stenard are unable to attend OCDLA seminars.
Kaiser
& John Painter Jr. David G. Terry
Steven J. Sherlag Walter J. Todd
Chris L. Lillegard Legislative Advocacy Support OCDLAs lobbying
Tracye May effort which focuses on securing public defense
Law Office of Terri John Tyner
Keith B. Rogers funding, promoting legislation beneficial to
Wood, P.C. William Uhle
Jennifer Root the criminal justice system, and protecting the
Campaign Supporter
Geoffrey S. Silver
constitutional and statutory rights of those accused of
Friend Up to $499 crime. This is not the OCDLAPAC.
Dixie Adams
Carol J. Andersch Building Fund Accelerates the retirement of
Karl G. Anuta OCDLAs mortgage.
M. Janise Augur General Support Supports office operations and is
Linda G. Beloof
applied where most needed.
Katherine O. Berger
Gary Berlant Door Prizes OCDLA always appreciates the help it
Thaddeus A. Betz receives from business owners who are invaluable in
Kelsyn Bevins making our seminars and events more enjoyable.
Janet M. Boytano
Guardian $7,500+ Associate $1,000+ Mary Bruington Do You Have a Financial Plan? Contact info@ocdla.
Jim Hennings Fred W. Anderson Erik M. Bucher org for materials to take to your financial planner. Plan your
McCrea PC James A. Arneson Bradley A. future, and help OCDLA at the same time! Charitable gift
Law Office of Robert Ann S. Christian Cascagnette annuities, charitable remainder annuity trusts, and other
Raschio Eve Oldenkamp & Jesse Coggins
Mark Costello planned giving vehicles are a great way to get where you
Creighton & Rose, Richard Cohen
P.C. Steven H. Gorham want to be.
Joseph M. Connelly
Cynthia Hamilton Nancy J. Cozine
Pacesetter $5,000+ OCDLA is a 501(c)(3) nonprofit educational association, governed
DeAnna M. Horne Robert Crow
Angeli Ungar Law by a 14-member board. Check with your tax advisor regarding
Bronson James Shannon Rae whether or not your contirbution to OCDLA is tax deductible.
Group
Eric Johansen Douglass OCDLA Tax ID#: 93-0743226.
Russell Barnett
Barbara & Scott Jones Ben Eder
Kelly R. Beckley
Riley P. Jones Douglas M. Engle
Paul J. De Muniz
Gregory A. Karpstein Samantha R. Evans Law Office of Owyhee
Hoevet Boise Olson Duane McCabe Brian Schmonsees
Dr. Richard Kolbell Jeni Feinberg Weikel-Magden
Howes Josh McCarthy Greg Scholl &
Paul Levy & Judy Mary C. Goody Larry Workman
Edward A. Kroll Karen McCowan FFOTMEM
Jewell Terrance Gough Brian Zanotelli
John B. Lamborn, Teresa A. McMahill Mary A. Sell
Lisa J. Ludwig Kent Hickam
Attorney at Law, P.C. David M. Orf Michael W. Staropoli
Max Mizejewski William Howell
Phillip Margolin David Paul Janan Stoll
Herbert A. Putney Patricia Jaqua
Anne & Dave OBrien David M. Pebworth Suzanne Taylor
Brook & Valerie James D. Lang
Cow Creek Band of Robert N. Peters Olcott Thompson
Reinhard Rosalind Manson Lee
Umpqua Tribe of Beverlee Potter Sheri Thonstad
Ross M. Shepard Kenneth Lerner
Indians Joe B. Richards Troy & Rosenberg, P.C.
Alene & Shannon Lann & Melody Leslie
Ferder Casebeer Lore Rutz-Burri Elizabeth N.
Sybrant Philip A. Lewis
French & David & Jessica Wakefield
Bob Thuemmel Joseph G. Maier
Thompson, LLC Saydack
O C D L A S U S TA I N I N G M E M B E R S
James A. Arneson, Roseburg Daniel A. Cross, Hillsboro Danny R. Lang, Sutherlin David L. Rich, Hillsboro
Paul E. Aubry, Saint Helens Deborah K. Cumming, Grants Pass Rosalind Manson Lee, Eugene Mark N. Sabitt, Eugene
Katherine O. Berger, Portland Jenifer Feinberg, Medford Kenneth Lerner, Portland Stephen R. Sady, Portland
Whitney P. Boise, Portland Mike Flinn, Corvallis Philip A. Lewis, Portland Norman Sepenuk, Portland
Thomas K. Coan, Portland James W. Gardner, Gold Beach Kendra M. Matthews, Portland Laurie Shertz, Portland
Mark C. Cogan, Portland Laura Graser, Portland Per C. Olson, Portland Sheri Thonstad, Hood River
Jesse Coggins, North Bend James D. Hennings. Portland Randy Perkins, The Dalles Raymond S. Tindell, Portland
Brian Patrick Conry, Portland David A. Hill, Eugene William E. Perkinson, Pendleton
Kathleen M. Correll, Portland Ronald H. Hoevet, Portland Herbert A. Putney, Medford
Brian D. Cox, Eugene Celia A. Howes, Portland John S. Ransom, Portland
Strength in
handwriting, disputed signatures, years experience. Board certified.
document tampering. Testified in Government trained. Contact Jim
over 65 trials. Jacqueline A. Joseph, Green, (541) 485-0832,
CDE, D-BFDE, 503-227-3411, www.
jjhandwriting.com.
www.documentexaminer.info
CLIENTS LOVE OUR OFFICES & WE
Numbers
N.W. Professional Investigations and OFFER EVERYTHING Including a Join or Renew Today
Consulting Brian Holmes and Jessie Deal! Friendly, professional & attractive Memberships are valid through
Garcia announce the opening of office environment in downtown June 2017. Join or renew online.
their new investigative consortium in Eugene, ideal for sole practitioners or OCDLA is a 501(c)(3) tax exempt
Ontario, Oregon. Focus is on criminal small firms, ADA compliant, lots of organization. The OCDLAPAC
defense and post-conviction relief nearby parking, with close proximity is a separate entity. Call us at (541)
by seasoned investigators providing to everything! Offices include full 686-8716.
service to attorneys, defendants and reception services, building telephone,
DOC inmates since 1990. Experience DUESvalid thru June 2017
voice-mail system and security
ranges from Criminal Misdemeanor systems, use of three conference Life Member $5000/one-time fee
to Major Felony (Measure 11) cases, rooms, break room, shower, and two Sustaining Member $550/yr
including Capital Murder. We provide work rooms with abundant work areas, New Bar Admittee (2016) $50/first yr
a wide range of civil and criminal equipped with photocopiers, facsimile
defense investigative services Regular (Bar#20122015) $255/yr
machines, postage meter, shredder,
including bilingual and bicultural lots of related equipment. Optional Regular (Bar#up to 2011) $360/yr
services to assist in litigation, pretrial high-speed DSL access, monthly Professional Nonlawyer $140/yr
negotiations and trial preparation. parking passes and discounted/ Law Library $140/yr
Members of OCDLA & IACDL. group messenger rate also available. Honored Member $140/yr
Contact Brian Holmes: holmeslaw6@ $450 - $900 for 155 - 220 sq. ft. plus
aol.com, 503-806-4222; Jessie Garcia: Law Student $10/yr
$175 for secretarial work stations. The
jgarciainvestigations@outlook.com, Deal: Leases for two or more years Add a PAC Contribution $______
541-212-9290. get the second year at half-price!
LIFE and SUSTAINING
EDIE ROGOWAY is pleased to announce Other arrangements available. For
MEMBER BENEFITS
the opening of Rogoway Law. Her more information or viewing, contact
upon request, free PDF written
practice will continue to focus on Brian Cox at (541) 683-7151 or bcox@
material of the September seminar,
criminal defense, personal injury, coxassociates.info.
Winter Conference, March seminar
employment law and civil rights Sunriver Resort Rentals. Sleeps and April Juvenile Law Conference
litigation. Edie is losing the ridiculously 28, hot tubs, bikes. Call Rush Hoag, 25% off the audioMP3s of the
long last name (Van Ness) but not (541) 344-4125, 1-800-659-2761, same seminars
the husband. She can be reached at www.rush2sunriver.com. Recognition in the Oregon
503.334.0331 or edie@edielaw.com. Defense Attorney
PHIL STUDENBERG
Ross M. Shepard Award
for Lifetime Service to OCDLA
O C D L A P r e s i d e n t 2 0 0 3 2 0 0 4 .
Fo u n d i n g m e m b e r, K l a m a t h D e f e n d e r S e r v i c e s , a n d l o n g t i m e i n s p i r i n g m e n t o r
for attorneys in eastern Oregon.
ocdla.org