3-28-2007

By now, I'm sure you know about the landslide on the Sunset Highway (slide happened at 9 AM, blocked all westbound traffic until about 5:30PM, no one was hurt, one lane will stay closed for a week while crews investigate the soil). I spent the day camped out on the roadside sending updates back to the station as events progressed . . .

** Creepiest moment of the day: Granted, it's not everyday you spend your time wandering around on a major freeway but NOTHING will compare with watching crew members REPEL down the seventy-foot cliff to saw down trees perched over the road about thirty-feet up. Imagine a rock-climbing excursion with a POWER SAW attached to your belt. Gives me the willies just thinking about it.

** Coolest moment of the day: I don't know if you've ever seen a 40-foot fir tree sawed down . . . but I'm willing to bet very few people have seen a forty-foot tree plummet off a 70-foot cliff onto a free way. It's like something out of a movie. It sounded like one big SNAP and looked like someone threw a big box of match sticks all over the freeway.

** It all comes down to a street sweeper. For HOURS the roadway was littered with heavy machinery. Excavators, dump trucks, bull dozers. All loading up tree trunks and piles of dirt. But when all that was cleared away, a simple street sweeper was brought in to dust up the last bits of debris. Kind of looked like the city was polishing things up for motorists.

** Random. Apparently some local folks wanted an up-close look at the work. Throughout the day there was a sporadic stream of bicyclists and pedestrians wandering down the freeway (I assume from the zoo on ramp) to check on things. It was particularly funny watching ODOT crews do a double take when they realized the effort had turned into a tourist attraction.

** The Red Cross showed up for most of the afternoon. They have this cool program where volunteers come out to disaster scenes, fires things like that . . . and they provide drinks and snacks for the workers. It's actually a really cool idea when you think about it. I mean, how many of those ODOT crew members thought they would spend their entire day on the freeway? And it was a real kick watching these construction workers smile as they unwrapped a snack-size package of Oreos or a granola bar. Little things like that can make a big difference (especially when you CONTRAST that with the motorists who thought it was helpful to honk their horns and shout obscenities as they passed by on the Sunset east bound).

3-27-2007

It's not your average company memo. Hundreds of employees at Stream.com's office in Beaverton (Murray and Millikan) received notice that one of their co-workers had contracted Tuberculosis and they would be testing other employees in the coming days to prevent any further spread.

When I went over to their office today, the employees were genuinely spooked by the news. After all, TB is a fatal disease. It's also not one that pops up normally these days (for reference, about one in every hundred thousand people contracted TB in Multnomah and Washington Counties last year). One employee, Allen Maderos, told me he felt like he had to sacrifice his health just to earn a paycheck. Others worried that the disease had already spread and being tested now wouldn't do much good. Still others were worried that the company's environment was contributing to the spread. And EVERYONE I talked with was concerned that they were bringing the disease home and infecting their spouses, children and friends.

In reality, the case of TB does NOT have health officials too worried. Dr. Gary Oxman (health officer) explained to me that first of all, to get TB you have to be around someone CARRYING TB for an extended period of time, breathing the same air. It's tough to even CONTRACT TB in an open office setting because the ventilation systems usually whisk any TB particles outside (and Dr. Oxman assures me the ventilation system at Stream is perfectly fine).

Second, according to Oxman, about 90% of people who contract TB never even get sick. It is an exceptionally slow developing illness. When it DOES show up (either in a preventative skin test or through symptoms like a cough or fever) it can be treated effectively with antibiotics.

Dr. Oxman adds that the management at Stream have been exceptionally co-operative and they have no reason to believe anyone else is at risk. The only reason they are testing SELECT employees at this point is because the cost of a test is rather expensive. Any employee who would LIKE to be tested can, and if more cases appear they will INCREASE the number of employees to be tested.

3-27-2007

It sounds like something out of Miami Vice. Dozens of agents from all over the country, SWAT teams all waiting to burst onto the scene of some big illegal activity. It's not a big budget blockbuster, it's the real-life story that Mark Wells lived this weekend.

Wells is the lead investigator for the Oregon Humane Society. At times when other states have major animal abuse or neglect problems, they ask OHS for help. Wells, along with four other employees of OHS were sent to Ohio to help bust a major dog fighting network.

One of the amazing things about the bust was the level of secrecy it required. Some of the team members couldn't even be told WHERE they were going or WHY until they finally reached the destination. Wells says that dog fighters are connected all over the nation. Word could, theoretically reach someone in Oregon and then be leaked to Ohio negating the year long investigation.

Luckily, the mission was kept hush hush until investigators could arrive on the scene. In all, 64 dogs (mostly pit bulls) were recovered. Many of them were heavily scarred, unable to walk on all four legs. One even had its lower jaw ripped off. OHS employees explained to me that dog fights can last hours and the animals are trained heavily over long periods of time. Dog Fight trainers often wager on the bouts and some view it as a sport and a hobby.

This hobby is a felony in 48 states and comes with heavy jail time.

Investigators rounded up a couple dozen participants all of whom are facing charges. The future of the 64 dogs remains uncertain. Because of their aggressive behavior and tendencies that come from their fight training, they are difficult to adopt out. Wells cannot say how things are run in Ohio, but in Oregon these animals would likely be euthanized.

3-26-2007

63-year-old RJ Anheier died in January. He will be laid to rest later this week. For the past three and a half months, his body has mistakenly been housed at OHSU where local medical students have studied his remains. People who knew Anheier prior to his death don't call it a mistake. They call it pure disrespect.

Anheier lived at the Biltmore Hotel on SW 6th but had spent prior stints of his life on the streets. When he died, the state medical examiner did not find any next of kin or contacts to claim his body and he was turned over to the medical school. However, the accounts of exactly WHAT the examiner's office did and what they COULD have done differ greatly.

Dr. Karen Gunson says they followed protocol upon finding the deceased. A four-five day search turned up a distant cousin who was not even positive they were blood relatives. However, Gunson says the one thing they did NOT do in this case was go to the address listed on Anheier's ID. She says Anheier had no keys on his person at the time and they felt the background check had turned up all potential kin.

Turns out Anheier not only had a large community of close friends living at the Biltmore, he also has an out of state sister with whom he had recently reconnected. None of those people were reached.

With no one to claim the body, the State turned over Anheier's remains for study and were compensated $37.50 (a customary practice with unclaimed bodies . . . when such a donation is made, a small sum of money is paid to cover expense ranging from a few dollars to a few hundred depending on the case).

Eventually word reached Anheier's extended group of friends of his death and of the circumstances following his passing. Tthey are stunned by the treatment.

On Monday, about one hundred people crammed into the community room at the Biltmore to remember Anheier. The room only fits about twenty-five comfortably so the standing-room-only crowd spilled out into the hallway and front lobby. It was not a carefully orchestrated scene as many memorials can be. Instead, friends sat around and shared their happiest memories of their fdeparted buddy.

I spoke with Matt Barrett (Anheier's best friend of 25 years) at the memorial. For him, the sadness of losing his buddy is only expanded by the disrespect he perceives was paid by the State. For Barrett, the state saw his friend as homeless and indigent and, therefore, could be cast off to the gutter. He still wants to know why no one came to Anheier's home before turning him over to the medical school.

But the mood of the memorial seemed more of forgiveness. Friends said that wherever Anheier is now, he's moved past the apparent slight surrounding his passing. His body has been returned by the medical school who say they had no idea about the circumstances.

RJ Anheier will be buried on Friday.

3-21-2007

I went to a demonstration in Terry Schrunk Plaza Monday afternoon where about 50 people gathered in the rain to hold up signs and speak out against the war. Pretty much everybody there was looking to hold a peaceful demonstration of their opinions. But I did meet a faction that was looking for a more extreme approach.

One man in particular with whom I chatted is Scotty Fairchild. Sitting on his bicycle he told me that he didn't care if rush hour traffic is stopped. In fact, he mused that stopping people on their way home from work might be a good thing as it would force them to digest the opinions of the protest group.

That got me thinking. During Sunday's march of 15,000 about 15 people were taken into custody. On Tuesday I interviewed Ryan Dunn, a protester who was suing after he was arrested while off the permitted route in a march in October (I posted a blog on that story a few days back . . . check it out). It seems like organizers can do their best to put on a friendly, law-abiding protest but a few rowdies can steal the spotlight.

Organizers agree with me. I talked with Bobby Chambers and Curtis Bell, two men who helped put on the march on Sunday. Chambers says that anytime more than a thousand people get together, a few "anarchists" (his word) will show up to cause trouble. Bell echoed that saying that, when it comes to protests, some people only feel it is a success if there is conflict with the police.

Both men say that there are times when civil disobedience is a necessity to get people's attention (stopping traffic, sitting in a government office). However, it is a fine line they have to walk because when protests become too troublesome for the general public, a sympathetic ear quickly turns to an irritated opponent.

As a result, when organizing large protests like Sunday's they work with the authorities from the start. Traffic can be re-routed, tri-met can be re-directed, security can be on-hand in case things get too rowdy AND the message can still be presented. Chambers and Bell say it's just like putting on a parade. People are going to notice 15,000 people marching through the streets no matter what.

3-20-2007

A local man says cops roughed him up and then arrested him without cause during a protest in October 2006. As a result, he is suing the city.

Ryan Dunn says that he was simply trying to document the rally and came across a group of about 200-300 people. He eventually decided to join the group and verbally criticized the police for their behavior towards the marchers. What Dunn apparently did NOT know was that the group with which he was marching had broken away from the permitted protest route.

Police tried to break up the crowd and, in the process, Dunn was arrested. He says his beard was pulled and his finger was bent backwards. Following his arrest, he has been acquitted of all charges.

KXL Crime Expert CW Jensen says that it is up to the protester to know where he or she is and, if they are outside of the route, then there may be consequences up to and including arrest.

When I posed that to Dunn he wanted to know why it is that protests have to come with permits in the first place. Jensen says it's for everyone's safety. Take the recent anti-war rally in downtown for example. If ten thousand people decide to randomly walk through the streets traffic would be a mess and large chunks of the city might shut down. By working with the city, protesters can get their word out and the city can plan ahead (re-routing buses, directing people away from the MAX tracks and so forth). Also, extra police personnel can be on hand in case trouble brews. Jensen says working with the city keeps everyone safe and peaceful protests can go on as planned.

Dunn wants monetary compensation for his pain and suffering and training for cops.

A side note . . . the attorney's representing Dunn are the same that represent Terry DeGeorge. He's the guy who got in a scuffle with firefighters at the FairField hotel a few months back.

3-19-2007

25-year-old Nicholas Haley admits that he is responsible for the death of his infant daughter. After a plea deal, Haley's ORIGINAL plea of manslaughter has been thrown out and he NOW is pleading guilty to Negligent Homicide. He will serve a grand total of four years behind bars for the crime.

The case is a little complicated ... here's a recap:

Nearly three years ago, a 33-day-old infant named Gabrielle Elizabeth died.

After the young girl's death in 2004, Haley (her father) was charged with Felony murder (carrying a minimum penalty of 25 years according to defense counsel).

Evidence suggested that the baby died due to symptoms of Shaken Baby Syndrome. Haley told reporters at the time he was innocent. But, as the trial progressed, he eventually pleaded guilty to manslaughter.

As the plea went forward, jurors approached members of the court claiming they did not believe Haley was guilty and should be set free. Based on that, counsel re-evaluated their options. Attorney Shannon Connell spoke with me and said they were hesitant to pursue a brand new trial. Yes, these jurors likely would have set Haley free, but a new jury may have seen things differently sending her client away until he was in his 50's.

Based on that and the words of the jury, they negotiated a new deal. The manslaughter charges were set aside and Haley would agree to the three new counts INCLUDING a sworn affidavit admitting to the actions that caused the infant's death. In exchange, he will serve 35 months for the negligent homicide, a year for criminal mistreatment in the first degree and probation for the mistreatment in the second degree (credited for time served putting him back on the streets in 2008 and free of any restrictions by the court in 2013).

During Monday's hearing, pieces of the affidavit were read to the court. While I will not recall the specific, gruesome details, I will tell you that Haley admits the following:

During the time period in question, while high on marijuana, he repeatedly threw his infant daughter into the air as hard as he could and, in at least one instance, roughly threw her onto the couch. Doctor's reports say the infant had broken bones, blood clots on her brain and on her retinas. Witnesses say the little girl cried incessantly for several days before eventually losing her life. Testimony suggests that the pain was comprable to a debilitating migraine headache that never ends.

Estimates are, the baby began showing symptoms two weeks before her death.

During the trial, Haley arrived, not in the traditional county jumpsuit, but in khakis and a white collared shirt. He was allowed to add a navy blazer, tie, belt and matching shoes for the proceedings as well as lose his handcuffs and leg shackles.

Court personnel had to move rooms to accommodate all the gallery members. In the process, the hearing was delayed over an hour. For a considerable chunk of that time, Haley was allowed to stay in the court room and had a chance to talk with family members (deputies did stop this activity shortly after it began).

I have covered several trials for numerous causes (everything from burglary to murder). This is the only time I have seen an in-custody suspect allowed to change out of prison garb and remain un-shackled and un-cuffed for the duration of the hearing.

After the case was settled, I spoke with Roberta Krogman (her step-daughter was Haley's girlfriend and mother of the child). She says that while it is a relief to finally be done with the court mess, she believes Haley got off too easily. Specifically she says, if a man did to an adult woman what Haley did to his 33-day-old daughter, he would never see the light of day as a free man again).

Regardless, Haley will serve a total of four years behind bars with five years probation. The remainder of that sentence will be in County lock up as opposed to State . . . while serving time in the State facility, Haley was attacked. Defense counsel say they organized the plea deal to ensure the charges would keep their client in safer facility.

Nicholas Haley must take parenting classes as part of his parole. He cannot parent or provide any physical discipline to children under 18.

3-14-2007

We've all seen your typical traffic stop. The lights and sirens go off, someone slowly pulls to the side of the road and talks with the officer. That wasn't the case near 160th and Sandy.

The cops got several calls about an out of control Cadillac swerving all over the road and blowing through stop lights. I say calls about the car because no one could really see a driver behind the wheel.

When officers responded they found a woman in the driver's seat, at times slumped over the wheel and at times looking straight up as her eyes rolled back in her head. She wasn't responding and continued barrelling forward at speeds of 40 miles an hour.

Officers had to use PIT maneuvers normally reserved for stopping a suspect on the run to eventually slow the car down and bring it to a stop (multiple attempts before the vehicle finally stopped completely).

Sgt Dave Steel (one of the officers involved) tells me that when they finally stopped the car, the driver had no idea what was going on and did not recognize the police. When they finally got her out they discovered she was driving with a medically suspended license (why it was suspended is not known).

The driver was taken to the hospital for an evaluation but should be just fine. Sgt Steel tells me she wasn't too happy with him. According to him, the driver said her doctor gave her the OK to drive as long as she took medication (again, medication for what is unknown). But, she says because Sgt Steel stopped her she couldn't get to the grocery store anymore.

Sgt Steel says they did everything in their power to stop the car safely and no one was hurt, but the car could have easily caused a multiple vehicle wreck or killed someone.

Driving with a medically suspended license results in a several hundred dollar fine and a continuation of the suspension.

When a man shot at police during a traffic stop Monday, officers did not return fire. How do they make that call? Think about it ... someone is firing a gun at you ... how do you decide to reach for your own firearm?

I posed that question to Paul Farnstrom with the Multnomah County Sheriff's Office. He trains officers in the use of force and says no two incidents are ever the same and you can't compare them. In each case, an officer must consider his or her surroundings ... what's in front of and behind the suspect ... they're size ... what type of threat they pose ... and so forth. If there's a danger of hitting a bystander, the gun stays in the holster.

The officer ALSO has to keep in mind what weapon is in play. Deputy Farnstrom says you would NEVER use less lethal force (e.g., a taser or pepper spray) against a gun because you're risking your life at that point. If the suspect is using lethal force, the officer can ONLY choose between lethal force or no force.

3-12-2007

A routine traffic stop turned into a life or death situation for the Portland Police Monday. Reportedly, cops pulled over a driver at the Trader Joe's on South East 39th and Holgate. After a brief contact, the back seat passenger jumped out, fired two shots and then ran off into a nearby residential area. The officer did not return fire because the area was so dense with pedestrians and passersby.

For the next five hours, several blocks were in complete lockdown. When I arrived on the scene officers had walled off most of the streets with squad cars and were in the process of establishing the perimeter. K-9 units coupled with officers bearing rifles patrolled the streets. Yellow police tape marked spaces where neighbors and pedestrians could gather and watch from a safe distance.

Talking with witnesses and neighbors, I learned that moments earlier the car pulled into the lot at Trader Joe's, someone popped out and fired, then ran into the neighborhood. Immediately after, the quiet residential streets were rocked by dozens of squad cars racing to the scene with lights and sirens. Rush hour traffic was diverted onto side streets (one neighbor told me that she didn't realize anything was up until Tri-Met buses started rolling by her front door). Some neighbors tell me they were terrified to even go home for fear that the suspect would hold them hostage.

Luckily, this case ended safely. Cops tracked the suspect to a building about five hours after the ordeal began and convinced him to come out (they believe he ran because he had a warrant for Meth). 24-year-old Nicholas Ramon Onuskanvich is facing drug and attempted murder charges. The driver and other passenger were detained at the scene. At this point there's no word on charges for those two.

3-12-2007

Website lists can be tricky things. Recent databases listing doctors who provide abortion services and the addresses of registered sex abusers pose the question: when does the public have a RIGHT to know information like that and when does it cross the line into an area where someones life or reputation may be in jeopardy?

The list of doctors was deemed too dangerous but the listing of sex offenders has been given the OK showing there is no clear cut line.

Now, an organization has taken to listing every member of the Catholic Church accused of sex abuse in a database. You can view the site for yourself here:

http://bishopaccountability.org/

Right now, 63 Portland members of the Catholic Archdiocese are listed. All have been accused. Some have already settled. Some are still involved in legal battles. Some aren't even alive to act in their own defense.

I spoke with Mary Grant with SNAP (Survivors Network of those Abused by Priests) and she says it is important for Catholics and the community to know WHO has been accused and where they are (she drew the comparison to alerting a community to a sexual predator in their neighborhood). If the clergy are still active, they may have new victims, she says.

When I asked her if she was concerned that some of the men and women listed may actually be innocent, she replied that she would rather list someone innocent than let a guilty party slide by. She contends that it is easier for an adult to get over the accusation of being a pedophile than for a child to bear the burden and guilt of hiding sex abuse.

KXL Legal Expert Paul Martinek tells me that the site walks a fine line between informing and slander. If the site merely lists people who are accused and in no way implies guilt than it's perfectly fine. However, if the wording on the site suggests that everyone listed is already guilty or implies a guilt-by-association then it's crossed the legal line into slander/libel.

Bud Bunce with the Portland Archdiocese spoke with me briefly and says no one in the church can comment due to the pending bankruptcy litigation.

On a side note, local members of SNAP tell me that they're hopes of erecting a monument to victims of sex abuse by priests is on hold as the bankruptcy proceedings continue. (Organizers would like to see a full size mill stone placed in front of the archdiocese HQ on Burnside. The explanation I've received for that particular monument links to a story from the Bible. Jesus said that anyone who would harm a child should have a mill stone tied to his/her neck and be thrown into the water. SNAP members tell me the monument is not designed as a penance for the existing church members but instead as a reminder of the scandal).

3-7-2007

About a month ago, the LaCombe family lost everything. Their home, perched on a cliff about 60-80 feet overlooking Rock Creek in Stevenson, WA began to slide. The land gave out from underneath and their expansive property gradually tumbled down into the ravine below. While the house still sits a few yards back from the edge, the family has to abandon the building. Neighbors I spoke with say the area is unrecognizable. Space that was once completely surrounded by trees is now wide open, almost as if the back wall of their property was ripped away. All that remains of the trees are splintered pieces of wood and leaves in a heap at the base of the cliff.

The land started to crack several months ago and the family sunk what was left of their savings into moving the home to the back of their property hoping to rescue their house ... but that proved to be only a temporary solution. The land continued giving way and now the home threatens a plunge into the creek.

However, the family may not be homeless for much longer.

Cam Development has stepped in and is spearheading an effort to build the family a brand new home nearby. Family members tell me they are incredibly touched by the gesture alone and can't quite express their gratitude at the thought of actually having a brand new place to call their own.

The LaCombe's have three sons ages 5, 8 and 12 who can't wait to move into their new digs ... especially since the new house will have stairs (something their previous home lacked) and a giant yard similar to their old place.

At this point, organizers have all the materials and labor ready to roll (cement, appliances, all of it) they just need land. A parcel HAS been found nearby but it will cost about $100,000 to purchase. Organizers are accepting donations at any Riverview Community Bank.

When I asked Annette LaCombe if the new spot was on a hill or a ledge she responded with a smile, "What do you think?" (She later clarified that the family was moving somewhere flat and inland).

2-16-2007

It was a tense day at the Clark County Courthouse. Shayne Shults, a former paramedic, was set to be sentenced for sexually assaulting five teen girls. Sentencings are normally an emotional experience, particularly when young victims are involved. On one side, family of the defendant must watch their loved one walk away to a life behind bars. Conversely, the victims must face the wrong-doer and hope that justice is done.

With Shane Shults, things are even more complicated ... because several of his victims are his cousins.

I had a feeling I was walking in to a different environment when I got in line to be screened by security. A man in in front of me asked what story I was covering. When I told him, he responded "oh great" and rolled his eyes. I've never gotten THAT response before.

Sentencing hearings aren't normally well attended. Occasionally you'll have family and friends, but before this case I'd only seen about ten audience members. For Shane Shults, there were close to 100. And a clear line was drawn through the hallway outside the courtroom.

Over the course of the trial the family was literally ripped in half. People supporting the victims were seen as traitors to Shults and vice versa. Also, many members of the family felt the media had not represented Shults fairly. Those members provided yours truly with plenty of dirty looks and the occasional insult as I walked by. (Please bear in mind, this was to be the first story I personally filed on the case).

Several deputies were on hand to keep calm as family members occasionally yelled at one another or tried to shout their support to Shults (speaking to someone in custody is a big no-no). My media colleagues tell me there was a scuffle before I arrived on scene.

Both sides alternated between heated anger and anguished grief. Throughout the proceedings, witnesses talked about how close they had been before the allegations of sexual abuse came up and how ugly things were now within the family. Everything from insults to death threats had apparently been exchanged.

When Shults was finally sent away with a sentence of 14 years, family members stormed out of the court room, slamming doors and shouting.

Deputies divided the room in half and sent supporters of Shults out first. Once the hallway cleared, supporters of the victims were released. The media, myself included, were ushered out a back door, down a separate staircase and escorted to our vehicles by deputies.

Shults will be in his 50's when he is released . His two children will be in their late teens.

2-23-2007

Here's something you DON'T see every day. A 60-year-old woman riding an excavator. It seems that Barbara Slader has had two life-long dreams: to drive a tugboat and to drive big construction equipment. Her husband, David, arranged for a tugboat lesson for her 50th birthday and, this week, she got to take on the construction stuff for her 60th.

It was all one big surprise. David flew up their two grand daughters and the equipment trainers put together a full birthday party set-up, including cake, food and decorations. Guests huddled in a trailer for close to an hour before the guest of honor arrived (occasionally they'd wander around the training site but temperatures in the 30's with wind and occasional rain made walking a not-so-tempting prospect)

Slader arrived at the frigid site in Vancouver, blind-folded. Her grand daughters helped her out of the car and, once outside, she was jumping around, squealing with excitement asking, not IF she got to drive, but HOW MANY.

For the next several hours, Slader along with some of her close friends and family got an up close look at the rigs we've all seen when driving by a construction site. She says it's not like driving a car because there are so many controls to worry about. Her instructors said she's a natural.

David Salder told me the TOUGHEST part of the whole thing was planning a secret for someone who wouldn't leave his side (David has been undergoing health issues in recent weeks).

Barbara isn' sure what they'll do for her 70th birthday but she expects it will have something to do with driving a blimp.

2-27-2007

One question seemed to hang over the Yamhill County Courthouse this week: Did authorities overreact to the behavior of a couple of middle school students by locking them up in juvenile hall and parading them around in full prison uniform? Last week, administrators caught the boys engaging in what has been described as sexual abuse.

They were swatting female classmates on the bottom and performing the "Party Boy" dance (taken from the movie Jackass ... someone goes up to another person and dances very closely to them). Some describe it as sexual in nature while others say it's just a dance. Later, it was reported that the boys also grabbed some of their classmates by the breast.

After talking with some of the girls, the boys were taken into custody and held over the weekend on multiple counts of sexual abuse.

Which brings us to the courthouse this week. The two boys (12 and 13 years old) were led into a court room in full prison garb including blue jumpsuits, wrist shackles and body restraints for a custody hearing.

Hearings like this are pretty common and are normally brief. The state and defense counsel present arguments whether a defendant need stay behind bars or if he/she can be safely released on his/her own recognizance. I've sat through several and it's rare that they last longer than fifteen minutes. Not the case on this day in Yamhill County.

Juvenile Detention officials and defense attorneys spent a good 90 minutes battling back and forth, even calling forth witnesses and expert testimony ... all to decide if these kids could go home until their hearing several days later. It seems even the judge was a little taken aback by the fanfare the hearing received. He repeatedly reminded counsel that "we are not trying the case today." In response, counsel declined to call two of five witnesses.

The prosecutors argued that:

1. The boys admit to touching their female classmates both on the bottom and occasionally on their breasts as well as engaging in the Party Boy Dance (which counsel referred to as "Dry Humping.")

2. Any adult caught doing this type of thing with 12 and 13 year old girls would face first degree sex abuse charges. This type of behavior cannot be tolerated.

The defense countered claiming that:

1. It was just horseplay. None of the students felt it was sexual in nature.

2. The alleged victims were friends of the two boys and two of the five actually testified that they didn't feel threatened or harmed by the boys.

While the attorneys went at it, the boys were a complete mess. Both broke down in tears repeatedly. They say that the touching was all part of an ongoing joke and secret hand shake .... That they had no idea it was such a big deal ... That they are TERRIFIED of life behind bars and just want to go home (one of the boys apparently roomed with a 17 year old with a repeat history of lock-up).

The parents seemed torn between emotional outbursts of fear and frustration. Outside the courtroom they told me that they understand the touching was inappropriate and agree that discipline is necessary in this case, but they think the way the school and the county have handled things is completely out of proportion. One father specifically referenced putting his son in shackles as out of line. (Incidentally, neither boy has a history of discipline and parents say this was the first time they had heard of an issue).

Ultimately, the judge decided the boys are not a threat to society and will be supervised by their parents at home. They can't have any contact with the victims which proved an interesting dilemma for the parents. Some of the victims, it seems, are actually very good friends with the defendants and were in the courtroom for the hearing. They were inconsolable after the announcement that they couldn't see the two boys until everything was settled. On top of that, the boys must be supervised around any other children.

After the decision the Juvenile Detention reps didn't speak with press.

At this point the boys are still facing charges of sex abuse and will be back in court

3-5-2007

Oregon's State Supreme Court gets to weigh in on the scheduling techniques of the OSAA. A lawsuit that began in 1996 claims that the student organization is discriminating against the Portland Adventist Academy based on the times their games are scheduled in the 2 A basketball championship tournament.

Legal counsel for both sides stood before six of the seven justices (Justice Kistler was not in attendance) presenting their case in a packed classroom at Lewis and Clark Law School.

Seventh Day Adventists celebrate the Sabbath from sundown Friday to sundown Saturday. In some years, the PAA basketball squad has made it's way into the end of the season tournament only to have one of their games booked on Saturday afternoon. The students can't play so they are forced to forfeit. Officials want the organization to allow the team to move it's game into the evening hours claiming that such a move is a reasonable consideration.

Conversely, the OSAA says rescheduling is unreasonable because it is unfair to other teams. By adjusting the start time of the PAA, some teams may have more or less time between contests. Also, by holding three games in the evening it makes it tougher for fans to attend certain matches.

It's up to the court to determine if rescheduling is a reasonable request that does not put unfair burden on other teams. There will not be a verdict in this case for a while, possibly months.

Some interesting side notes from the presentation of oral arguments . . . .

Both sides of counsel were interrupted repeatedly with questions as is the case in these types of presentations. However, Justice Gillette added a new twist, frequently correcting the grammar and word choice used by counsel. The best example may have been when one of the attorneys referred to a statement in one of the documents as a "falsehood" when it was actually an "inaccurate statement." To laypersons like myself it may seem trivial but the Justice explained that a falsehood, technically defined in a court of law, is a lie whereas this was merely a case of confusion. It's one thing to call someone a liar and completely different to point out one of their facts is skewed.

Before and after the case, students and faculty got a chance to ask questions of the court personnel prompting one student to ask how the court felt about the recent decision on their tobacco settlement ruling. While the question did raise laughter and some good natured jokes from the justices they declined to comment.