Dear Josh, This may not quite what you had in mind, but I am asking anyway. If you were to wake up one morning and find that your government was run by war criminals bent on looting the wealth of the world, that rouge spears of our inteligence agencys were manipulating world events without regard for human life, that national elections were being rigged six ways from sunday in order to consolidate power and pick judges and no one was being held acountable because one party controled all branches of government virtualy all of AM radio and signifigant portions of other media. What would you do?
Well, some of what you say may happening but beleiving in a democracy I would suggest getting involved in the political process at all possible levels. The ststement "all politics is local" is truer than we know. I try to make justice happen in this little corner of Oregon and speak out on issues where I think anyone will listen to me
The adjacent property owner is using my driveway to access their property. They have two curb cuts on their land but find it easier to use my driveway. They have routinely blocked my access and have been asked to stop using my land. They continue to ignore my request. They have no legal easment or right of way so now what? Thank you
Gordon - this is exactly the kind of legal advice I'm not allowed to give and to be honest it's an area of the law I do not keep up with. If you can't wrj it out you may need to hire an attorney.
Property issues are what are called "equitable" rather than statutory, meaning it's very unlikely there is a specifi Oregon law statutes (ORS) on point.
Hi Josh ,as you know by now that I lost my dad al eastman to a young man that was high on meth. Do youo beleave that if we had more eduction in the schools and so abought meth that we might have less pepole in jail .For me I think ,eduction,Jail,treament ,and the cummuty .that we could put a stop to this.Tiac k easman
Regarding Gordon's situation: Maybe this is something he could handle himself in Small Claims Court. That way he would not need to hire an attorney. It might also be kind of fun.
It's hard to tell how the Transition Center is working mostly because it is just too soon. It feels a reach "niche" market for criminals sentenced to longer sentences for not REALLY high end crimes (repeat drunk drivers, burglars, some drug offenders).
But it is important to note that it does NOT relieve pressure at the jail which is about 50%the size it really needs to be (at least 3 studies in 10 years have said the same thing).
Justice costs money and I urge everyone to watch next year's budget process when we'll see how much outside (General or Timber Funs) money needs to be added to keep the TC up and running.
We REALLY need to add in-patitient/secure treatment. The TC was built as a non-locked facility primarily because AT THE TIME we hoped that the inmates would be eligible for the Oregon Health Plan. Unfortunately the state cut eligibility for the OHP so almost no-one qualifies.
We need the Transition Center AND a much bigger jail if sentences judges hand down mean anything. What do YOU think someone convicted of their fifth DUII should get? Prison is usually not an option (meaning th judge CAN'T even if they wanted to)
yes we do need a new jail built. As a person that was in that jail for a year and heard of it when it was first built for 30 inmates .Now up to 60.it does put a lot of pressure on the jail .there has to be some way of getting a budget for a new one. good luck on that one.
Mr.D.A., Many people say the partial repeal of habeas corpus in the Military Commissions Act signed into law yesterday erodes the crown jewel of the individual freedoms making up the soul of the United States of America. Thousands in and out of uniform have died to protect the right to be tried fairly. Do you have an opinion you care to share?
The Military Commissions Act is WAY beyond my pay grade but I am very uncomfortable with suspending habeus corpus under any but the most extreme circumstances. The only time it has been done in American history was during the Civil War by President Lincoln
Is there a means for the DA's office to call the IRS and say "we have reason to believe Joe Schmoe may have filed fraudulent tax returns"?
The reason I'm asking, is because you've said we're having to release drug dealers for lack of jail space ... but I would wager that those dealers don't file returns on that income. And if Al Capone (and other mobsters) were finally "brought down" for tax evasion, why not drug dealers?
In cases where a major drug dealer has been concealing income we do try to notify IRS but the federal government is a vast and mysterious process and we rarely hear what happens. But yes you are right. It would be great if we could sanction drug dealers for tax violations, much as the feds went after Capone for tax, not the murders he committed. But IRS is federal and I have only state jurisdiction.
I know you don't have authority to decide on tax charges. I was just curious if any sort of notification was sent to the feds, or if it was something overlooked.
And when you notify the feds, do you also notify the Oregon Dept of Revenue?
When we know someone has scammed the feds or the state we try to notify both. We try to collect a LOT of criminal debts through Oregon Dept. of Revenue. Every dime helps even though our office doesn't get the money.
Good question. A large part of a DA and a Deputy DA's (there are 5 soon to be 6)job is saying "no." We review all reports and arrests for crimes. I'd estimate about 20% are rejected for various reasons. One is when the complaint is clearly someone trying to use the justice system to settle a score. Despite what you see on TV, a DA's job is not to merely get convictions (I don't even keep track) but to do justice. Sometimes that means hammering a malfeasor, sometimes it means what we call a "no file."
Dear Josh, The criminally insane incident in Salem, I have been talking for to long that someone will be killed, it could have been the grade school in SE PDX, where I have have (5 )of these people in a group home setting.
How can Congressman Rangel's call for universal conscription outside of a declared state of war, with Some being assigned to "public service" outside the military, be consistent with the clear, simple, and unequivocal words of the Thirteenth Amendment?
I suspect Rangel, soon to be a very powerful congressman, is trying to make a political statement about the war. As wildly unpopular as it is now, one thing that would really enrage the American public would be to re-institute the draft. As someone who go number "10" in the draft lottery and had my order to report when they cancelled the draft entirely I'm not sure it's a 13th Amendment issue
Hey, I'm not shy. If the DPO wants to run me against Gordon Smith, I'm game. I did NOT solicit this idea and was honored and kind of amazed when some Dems called me and asked if I was interested. DeFazio would be great but he's unlikely to leave a sure and senior House seat. I'm a moderate Democrat who is tough on crime who thinks the Bush administration has made many wrong turns. I've spent time lobbying for prosecutors in DC and I don't think a little straight talking would hurt. We need less doctrine and more real independent thinking.
Dear Mr. Marquis, "All politics is local" is a cliche that turned out not to be the case in the recent election, it was a rebuke of the Bush doctrine. Another cliche is "When good men remain silent- evil triumphs". I have two questions for you. 1) Where and when did you speak out against the Bush Doctine prior to this election ? 2) As one many percieve to have never met an expansion of prosicutorial power he didn't like, would you care to address the recent curtailment of indivdual freedoms ? Specifics please. Thanks.
I have always been outspoken on my displeasure with the Bush administration though most vocal in criticing their drug policy (see OREGONIAN op-ed a couple years ago on my website).
Looks like Bush has done more to prosper the Democratic Party's position than the party itself has done over the last sixteen years.
You should be ecstatic.
Now, maybe both will have learned that more progress could be made by dropping the "Liberal" versus "Conservative" BS and adapt to bipartisan cooperation to accomplish what needs to be accomplished.
The recent election was not so much a validation of the Dems as a clear rejection of Bush with all his baggage (Iraq, the Foley/page scandal, the ever-widening Abramoff scandal).
If my party wishes to prosper it has to move beyond these liberal/conservative stereotypes and recognize that people can share soem but usually not ALL the same views.
Is is against the law to post on an open forum assuming a real person's name without their expressed permission? Actually saying something like, "If no one else will identify themselves at least I will" and then giving someone else's name, is that illegal? Is it illegal to knowingly let that person continue to post on your forum if they are using a real person's name that isn't their own? I am letting all local bloggers know that ISP address 207.200.116.197 is posting as Richard Lee. Do you happen to know whose ISP that is?
Just ran across this on John Grisham, and thought you'd be interested: http://www.washingtonpost.com/wp-dyn/content/article/2007/01/12/AR2007011202221.html Seems he did some amateur sleuthing, and got sued because of it.
I am an intel analyst at a law enforcement agency. I am posting a question because I am considering seeking professional help for a mental disorder. However, I am worried that if I am ever called to testify in a case that I am working on (I haven't had to yet), I'm afraid the D.A. can subpoena my medical records and find out that I've seen a mental health doctor and know everything that I've told them. Is it possible for a DA to obtain medical records for a witness in a trial, in order to discredit them? Or am I just being paranoid?
Your mental health and well being should be primary over a source of income. Go get the help you need and be healthy and happy. Concern yourself about your source of income after your healthy. Your job should never define you as a person or stand in the way of your health.
(sorry about hi-jacking your blog Josh, I couldn't resist replying on this question)
Josh, I just recently graduated from college and am seriously considering law school. However, unlike many others who jumped the law school bandwagon, I took time off to research the field and I have noticed that... many if not MOST lawyers are unhappy. This strikes me as odd since I have always wanted to be a prosecutor for all the idealistic reasons and actually felt that one could enjoy contributing to society by putting harmful members of society away.
Are you happy that you went to law school? Is it possible to be a happy lawyer that wouldn't want to do anything else in the world?
David, I am very glad I went to law school simply because it allowed me to enter a profession I love, prosecution. I've been in private practice and with all respect to that majority of lawyers, their master is their client and billable hours...ie.money. Along with a few public interest lawyers, a prosecutor has but one loyalty, the truth, and the discretion to use it to do justice. More often than most people know, that means choosing NOT to prosecute a case. If you want to be a prosecutor go for it, it pays lousy, but you'll sleep well and be able to be proud of how you make a living.
what are your thoughts on the recent sentance upon Duffy G. Duncan? (115 illegal sturgeon and illegal gill nets) ... Do you feel justice was done?
Location: Naknek Case Number: 060053002 Type: Commercial Fishing In Closed
On 07/19/2006, Duffy G. Duncan 58 YOA, of Astoria, Oregon pled No Contest in Naknek District Court to charges of commercial fishing during a closed period. He was fined $6,000 with $3,000 suspended and 3 year probation with no commercial fish violations.
I was originally very opposed to the liberalized conbceal law. Befoore 1991 local sheriffs could deny anyone a permit - less than a dozen were issed in Multnimah Coiunty and hundreds in Klamath. I wrote an op-ed in the OREGONIAN in 1991 condemning Vera Katz for making a deal to extend the waiting period in exchange for broader conceal carry laws. I was wrong. The law has NOT resulted in greater crime by people with weapons permits. There have been virtually no incidents of criminal behavior by people with such permits. I still think sheriffs should have more discretion but the law seems to be working quite well.
I will be staying and continuing to fight. If Commissioner Jeff Hazen had REALLY wanted to "send a messag on prinicple" why did he not say a single word when he was in office after I badgered him to speak with me about the budget? You'd think common decency would require "Hey, nothing personal, but we need to send a message to the state." This article is pretty accurate: http://www.dailyastorian.com/main.asp?SectionID=2&SubSectionID=398&ArticleID=42432&TM=68299.28
Keep fighting the good fight Josh, there are more people supporting you than you may know. Let's hope this cowardly maneuver on the part of the commissioners elicits more vocal and visible support from the public.
I grew up in clatsop county, and when I was a teenager a neighbor girl, Doreen Raterman, was murdered by a sleezy guy named Tiac Eastman (who seems to have commented here!). Ti worked as a dishwasher at the Shilo Inn in Seaside where I was waited table on weekends-- I knew him slightly. His father was the former sheriff, and I don't believe Ti was ever actually charged with a crime.
I'd love to know why this admitted murderer of a young girl never went to prison!
Very good question, Zanthine, and Yes that is the very same Tiac Eastman who frequently posts on local blogs (including this one) he was prosecuted and convicted of a lesser felony called "Hindering Prosecution." I became DA in 1994 and not long after was intriduced to the Raterman family who were not satisfied with the way the case had been handled. They, and many others think that Eastman was far more involved. The man convicted of the murder of Doreme died of AIDS in prison several years back. Many citizens have told me that former DA Steve Gertulla (1980-1992) gave Eastman a deal to try to get the person he considered the primary killer.
Thanks so much for your (very prompt!) response! As I'm sure you can imagine, Doreen's murder made a profound impression on me and on my friends. Doreen actually lived nearby, and she disappeared fairly near our house. For the rest of the time my family lived there my mother feared letting us ride our bikes to the beach alone!
It's difficult to assess all the reprecussions of this case, but as one of the scores of people who volunteered to search for her body the results of the case probably influenced my perception of the legal system.
I can tell you that the public perception was (and probably still is) unequivocably that Ti Eastman got a pass on the murder of a child because his father was once Sheriff. Period. Frankly I'm appalled that he's blogging away about his father's murder, and not mentioning Doreen's!
wasnt tiac eastman a suspect in the disappearance of a young Warrenton woman prior to the Raterman case?
Seems a girl who was walking to a store in Warrenton was never seen again. During the Raterman investigation much was made of the fact that Eastman aided in the search for the missing Warrenton girl and acted "wierd" about it.
At the top of this blog I mention that among the few things I cannot discuss are pending cases. I think the case you are referring to is this yet-unsolved potential homicide of Joanie Hall in 1982. If that is the case you are refrringn to I'll have to defer comment.
In cases where a felon had possession of a firearm or a firearm was used in a crime, in how many cases have the ATF placed federal charges on this person?
The Federal law is MUCH tougher than state law for the same crime. The feds have a program called Project Safe Neighborhoods and if someone is a REALLY bad actor they'll take the case. It happens only a few times a year in Clatsop County, the last one I recall was a convicted rapist who had a bunch of guns
if someone is a REALLY bad actor they'll take the case
Does this mean the BATFE doesn't prosecute a lot of potential cases of felons in possession of firearms or firearms used in crimes? I've heard from many law enforcement sources that the BATFE only seems interested in "high profile" cases.
Okay, I work with these guys and gals and in fairness to ATF, THEY don't make the decision, the United States Attorney's Office (the federal DA for Oregon) does. In fairness to them, they've been pretty good about taking cases although they have very rigid rules which are dictated by "Main Justice" in Washington, D.C.
This is an actual question...not a political commentary. My friend in California got into an altercation with a friend which unfortunately involved a baseball bat. My friend is much smaller than his friend and his friend hit him first with injuries involved. My friend retaliated/defended himself with a baseball bat and then left the scene. He called the police and was advised that there was warrant and he should turn himself in. He has and is now in jail. It is a holiday weekend...and he was pretty much defending himself..what are his chances of getting out before July 5th? This is for a friend of mine's bf....I have been googling all over the place to find an answer for her..
I can't/don't give legal advice. Different states have different laws but in most places any person is entitled to use reasonable force to defend themselves against an aggressor. That being said a smaller person cannot simply move up to a bat or knife because of their size in a fight. If your friend turned himself in in California and wants to get out before the next court date, you'd best see a bail bondsman. If the charges are serious - like a felony - he should get a lawyer as soon as possible. The actual facts may be different than what you now know and he could be in worse trouble than you think.
One of the local police departments investigated an alleged crime. the officer wrote a report and sent it to you to review. you reviewed the report and decided not to prosecute for whatever reason .. my question is do you keep files on people or a "watch list", is that report kept in your office or destroyed, is it now public record?
We log in all reports whether we file charges or not. Therefore if a person keeps coming up we evaluate the case accordingly. Once a decision NOT to prosecute has been made that police report becomes a public record and can be requested from the issuing agency. We generally return "declined" reports or destroy our copy. We simply don't have the physical file capacity to keep them and we are getting copies of what stays with the issuing agency.
My 18 yr old daughter got charges pressed for "assault" because she pushed her friend (a minor) who was getting in her face...she asked her numerous times to "please back off" before she pushed her - she didn't push her down, just away...the girl made a big production out of it, calling the police, etc....so now my daughter has to appear next month. They didn't arrest her, just gave her a piece of paper saying she has to appear.
My main question is...we cannot afford an attorney. For an appearance to explain and hope to be exonerated, do we need an attorney? And if so, since she's the defendant, is this something we can use a public defender for? And if so, how do we go about that?
This is a "teen-age" case, the only thing that made it serious was that MY teen happens to be 18.
Like it says at the top, I can't comment on a pending case but given the general facts..... An 18-year-old is an adult under the laws of Oregon and the fact it involved "teenagers' is largely irrelevant. If someone is "arrested" but not taken to jail it most likely means they were simply "cited" and the case was either sent to the DA's office to decide if a complaint would be filed or they simply have a court date they REALLY need to pay attention to. The biggest mistake people make is ignoring court dates. Since your daughter is an adult she would be eligible for a court-appointed attorney, called a public defender in some jurisdictions, if she had income or assets insufficient to hire her own lawyer, regardless of her parents' income or assets. No-one has to "hope to be exonerated." The state has to prove they are guilty or they are acquited. If she has a valid defense an attorney could help her with that and possibly convince the prosecutor to drop or reduce the case. On the other hand there may well more to the story your daughter is not telling you.
Thank you Josh - yes, I believe she was just "cited"...and now it's looking like the charges may be dropped by the person offended. When we went to their home on Saturday to pick up the rest of my daughter's things, she tried to tell me that she DIDN'T ask to have charges pressed...but of course, she had to have asked for it, for it to have happened.
And yes, I wasn't there, so don't know exactly what went on, but DO know the young lady in question and know she's a drama queen.
I sincerely hope that she and her parent's do drop the charges...it was a simple altercation between two girls that got blown out of proportion.
Oh, and if they DON'T get the charges dropped, the court date WILL be met..so no problem there, it's already on my calendar! I'll make sure she gets there!
If I recorded a phone conversation and down the road some questions were raised about what was said, can I replay that over the internet? Do I need the other individuals permission to do so? Are there different rules for different people.....or people that on the Job or off?
I can tell you the criminal law in Oregon, not about intellectual property issues. In Oregon it is legal (not a crime) for one party to a phone conversation to tape it without the knowledge of other parties. It is illegal to tape face to face conversations without notice or to hide a recorder to tape others. This does not address civil law issues such as expectation of privacy or commercial use of another person's image or voice.
I just found this post from miss zanthinegirl .who ever she is . if I ever do I would take her to court for slander I did not ever adnitted to killing miss dorone Raterman or did such thing . I would like to know were she got her info .as for being a suspect on the disapperance of Joan hall I was out of town at the tiem she had disappeard from warrton . yes I did help look for her adn how would she know if I was acting funny .?was she there .?My family as well as dorone,s was hurt by this . the person that killed miss Raterman mr mullins is no longer with us . and as for me blogging about my dads death . If it will help other that have been on meth to stop being on meth I will keep on blogging about it. Ti
to clear what I said . i never admitted to kiling miss Raterman or never did such a thing . That was mr mullins who is no long with us . as for being a suspect with the disapperarance of joanie hall . I was not or never was . I was out of town at the time of here disappearance . i would like to know were zanthinegirl got her info.all so I have talk to joanie halls bother more then once . Ti. Ti.
Hi ,josh I have talk to a lawer about the post that miss zanthinegirl had put on this site . this is what he has told me . that I should ask u to remove what she has asked from your site . That I do have a case to take to court with miss zanthingirl for slander and that u could be part of this case . am to let him know in two weeks to see if this has happend . if not we will take the next step.thanks TI eastman
Have your lawyer contact me, and not through my website. I'm in the phone book. Truth is a defense and you were convicted of a felony connected with the murder of Dorene Raterman. For reasons known best only to you you continue to post comments about this case identifying yourself. If there is something false in what is posted on this website then have your attorney bring it to my attention. Otherwise please do not use this website for private communications.
when there is miss info abaout my case that is out there I will make a comit about it . as I said before I did not KILL MISS RATMEN OR ANY THING TO HER . That was MR mullins .
Ok ,fine your smart man to know that I did not hurt or kill miss Ratman .But the person should be held acountable for what she said . to many pepole were hurt by this . you should have at least let here know that .
Hi I have seen the post between you and Mr Eastman . I feel that you are being unfair to him by not saying some thing about what zanthinegirl has said about Mr Eastman . should she have some kind of proof before she would say some thing like that . If she did then she should have taken it to the cops .
I would not support changing the law to allow current holders of Commercial Drivers Licenses the ability to have the privilege of a DUII diversion. I would consider a provision that allows some execeptions to be made in unusual cases. The policy is that people who drive large trucks including 18-wheelers for a living and drive under the influence pose a much greater threat to the public. They are professional drivers and are held to a higher standard than drivers with "ordinary" drivers licenses. Oregon already has one of the most lenient policies in the country for DUII. Many states do NOT have any diversion program or if they do they only allow one in a lifetime, not one every 10 years.
Still trying to found out who is zanthiniegirl. when I do I will be sueing her for what she said on this site . I did not ever admitted to murdere miss rateman . were did she come up with that .when done with the law suit she will not have any money ever.
In Yamhill County it is a common practice of ciruit cour judges to include the "paying back" of the defendants indigent defense in the sentence, right along with fines and restitution. Is this done according to law and if so, can you please site the law or a place where I might find the law written in its entirety? I was under the impression that courts must consider the defendants current and future ability to pay and that if the defendants financial situation has remained unchanged or worsened since applying for an indigent defense that said defendant was still guaranteed that defense under the law of the land (Constitutional law) Please advise.
Not just in Yamhill County, but throughout the state courts will impose Court Appointed Attorney costs to people convicted of crimes. The right to counsel does not mean the people found guilty get them for free. A court does take into account a defendant's ability to pay. In the vast majority of cases the amount assessed by the court ($300 for a misdemeanor and $500 for a felony) are only a fraction of the actual value of the legal services provided and that is a fraction of what a retained attorney would charge.
Dear Josh, I have a question regarding Felony Expungment. I was Convicted of a Class C felony in 1999, in Clatsop County, and since have completed all that was needed(probation, fines, etc) and am currently in College and will finish my bachelor's degree in Liberal studies in june, and am worried about finding employment with the felony conviction. What can I do, if any, to get this expunged?
Look up Oregon Revised Statute 137.255, not exactly "expungement" which only exists for juveniles, someone with convictions for MOST class C felonies that do not involve sex crimes or child abuse can file a motion with the court for the coinviction to be "seat aside" or "sealed" which then allows the person, in most circumstances, to answer "no" when asked "Have you been convicted of a felony?" If all you have is a single class C felony (that otherwise qualifies) in 1999 and no arrests or convictions since it is almost certain that a judge would grant a motion to "set aside" such a conviction. You don't necessarily need a lawyer. There are forms for the appropriate motion and you have to pay $80 and get fingerprinted to verify that your record has in fact been clean.
Dear Josh, This may not quite what you had in mind, but I am asking anyway. If you were to wake up one morning and find that your government was run by war criminals bent on looting the wealth of the world, that rouge spears of our inteligence agencys were manipulating world events without regard for human life, that national elections were being rigged six ways from sunday in order to consolidate power and pick judges and no one was being held acountable because one party controled all branches of government virtualy all of AM radio and signifigant portions of other media. What would you do?
ReplyDeleteWell, some of what you say may happening but beleiving in a democracy I would suggest getting involved in the political process at all possible levels. The ststement "all politics is local" is truer than we know.
ReplyDeleteI try to make justice happen in this little corner of Oregon and speak out on issues where I think anyone will listen to me
The adjacent property owner is using my driveway to access their property. They have two curb cuts on their land but find it easier to use my driveway. They have routinely blocked my access and have been asked to stop using my land. They continue to ignore my request. They have no legal easment or right of way so now what? Thank you
ReplyDeleteGordon - this is exactly the kind of legal advice I'm not allowed to give and to be honest it's an area of the law I do not keep up with. If you can't wrj it out you may need to hire an attorney.
ReplyDeleteWas kinda hoping you could point me in the right area of the ORS. Spent several hours looking, but can't find any substantial info. Thanks anyway.
ReplyDeleteProperty issues are what are called "equitable" rather than statutory, meaning it's very unlikely there is a specifi Oregon law statutes (ORS) on point.
ReplyDeleteHi Josh ,as you know by now that I lost my dad al eastman to a young man that was high on meth.
ReplyDeleteDo youo beleave that if we had more eduction in the schools and so abought meth that we might have less pepole in jail .For me I think ,eduction,Jail,treament ,and the cummuty .that we could put a stop to this.Tiac k easman
Regarding Gordon's situation: Maybe this is something he could handle himself in Small Claims Court. That way he would not need to hire an attorney. It might also be kind of fun.
ReplyDeleteSmall Claims court is not a "court of equity" meaning they can only award $$ damages, not order someone to allow access or grant a restraining order.
ReplyDeleteI've decided that a decorative fence would solve the problem.
ReplyDeletewish you would some thing on this please.thanks ti eastman
ReplyDeletewish you would say some thing on this please.thinks ti.
ReplyDeleteHow's the transition center working out?
ReplyDeleteIt's hard to tell how the Transition Center is working mostly because it is just too soon.
ReplyDeleteIt feels a reach "niche" market for criminals sentenced to longer sentences for not REALLY high end crimes (repeat drunk drivers, burglars, some drug offenders).
But it is important to note that it does NOT relieve pressure at the jail which is about 50%the size it really needs to be (at least 3 studies in 10 years have said the same thing).
Justice costs money and I urge everyone to watch next year's budget process when we'll see how much outside (General or Timber Funs) money needs to be added to keep the TC up and running.
We REALLY need to add in-patitient/secure treatment. The TC was built as a non-locked facility primarily because AT THE TIME we hoped that the inmates would be eligible for the Oregon Health Plan. Unfortunately the state cut eligibility for the OHP so almost no-one qualifies.
We need the Transition Center AND a much bigger jail if sentences judges hand down mean anything. What do YOU think someone convicted of their fifth DUII should get? Prison is usually not an option (meaning th judge CAN'T even if they wanted to)
yes we do need a new jail built.
ReplyDeleteAs a person that was in that jail for a year and heard of it when it was first built for 30 inmates .Now up to 60.it does put a lot of pressure on the jail .there has to be some way of getting a budget for a new one.
good luck on that one.
I assume you mean some kind of foster home which is housing people we call "Guilty but Insane." This would concern me...a lot.
ReplyDeleteMr.D.A., Many people say the partial repeal of habeas corpus in the Military Commissions Act signed into law yesterday erodes the crown jewel of the individual freedoms making up the soul of the United States of America. Thousands in and out of uniform have died to protect the right to be tried fairly. Do you have an opinion you care to share?
ReplyDeleteThe Military Commissions Act is WAY beyond my pay grade but I am very uncomfortable with suspending habeus corpus under any but the most extreme circumstances. The only time it has been done in American history was during the Civil War by President Lincoln
ReplyDeleteJosh, I've been wondering something for a while.
ReplyDeleteIs there a means for the DA's office to call the IRS and say "we have reason to believe Joe Schmoe may have filed fraudulent tax returns"?
The reason I'm asking, is because you've said we're having to release drug dealers for lack of jail space ... but I would wager that those dealers don't file returns on that income. And if Al Capone (and other mobsters) were finally "brought down" for tax evasion, why not drug dealers?
In cases where a major drug dealer has been concealing income we do try to notify IRS but the federal government is a vast and mysterious process and we rarely hear what happens.
ReplyDeleteBut yes you are right. It would be great if we could sanction drug dealers for tax violations, much as the feds went after Capone for tax, not the murders he committed.
But IRS is federal and I have only state jurisdiction.
I know you don't have authority to decide on tax charges. I was just curious if any sort of notification was sent to the feds, or if it was something overlooked.
ReplyDeleteAnd when you notify the feds, do you also notify the Oregon Dept of Revenue?
Or "ODoR", as I call them. ;)
When we know someone has scammed the feds or the state we try to notify both. We try to collect a LOT of criminal debts through Oregon Dept. of Revenue. Every dime helps even though our office doesn't get the money.
ReplyDeleteOf the crimes you prosecute, how many are from complaining parties with a vendetta?
ReplyDeleteThanks
Good question.
ReplyDeleteA large part of a DA and a Deputy DA's (there are 5 soon to be 6)job is saying "no." We review all reports and arrests for crimes. I'd estimate about 20% are rejected for various reasons. One is when the complaint is clearly someone trying to use the justice system to settle a score.
Despite what you see on TV, a DA's job is not to merely get convictions (I don't even keep track) but to do justice. Sometimes that means hammering a malfeasor, sometimes it means what we call a "no file."
Dear Josh, The criminally insane incident in Salem, I have been talking for to long that someone will be killed, it could have been the grade school in SE PDX, where I have have (5 )of these people in a group home setting.
ReplyDeleteASK STEVE DOELL ABOUT THIS WILL YOU. Jack Peek
THANKS A BUNCH JOSH!
ReplyDeleteHow can Congressman Rangel's call for universal conscription outside of a declared state of war, with Some being assigned to "public service" outside the military, be consistent with the clear, simple, and unequivocal words of the Thirteenth Amendment?
ReplyDeleteI suspect Rangel, soon to be a very powerful congressman, is trying to make a political statement about the war.
ReplyDeleteAs wildly unpopular as it is now, one thing that would really enrage the American public would be to re-institute the draft. As someone who go number "10" in the draft lottery and had my order to report when they cancelled the draft entirely I'm not sure it's a 13th Amendment issue
So, what's all this noise about you running for a higher office.
ReplyDeleteWould you consider a run if asked?
It's not such a far out concept in my view.
What would some of the facets of your platform?
Hey, I'm not shy.
ReplyDeleteIf the DPO wants to run me against Gordon Smith, I'm game.
I did NOT solicit this idea and was honored and kind of amazed when some Dems called me and asked if I was interested.
DeFazio would be great but he's unlikely to leave a sure and senior House seat.
I'm a moderate Democrat who is tough on crime who thinks the Bush administration has made many wrong turns. I've spent time lobbying for prosecutors in DC and I don't think a little straight talking would hurt. We need less doctrine and more real independent thinking.
Dear Mr. Marquis,
ReplyDelete"All politics is local" is a cliche that turned out not to be the case in the recent election, it was a rebuke of the Bush doctrine. Another cliche is "When good men remain silent- evil triumphs". I have two questions for you. 1) Where and when did you speak out against the Bush Doctine prior to this election ? 2) As one many percieve to have never met an expansion of prosicutorial power he didn't like, would you care to address the recent curtailment of indivdual freedoms ? Specifics please. Thanks.
I have always been outspoken on my displeasure with the Bush administration though most vocal in criticing their drug policy (see OREGONIAN op-ed a couple years ago on my website).
ReplyDeleteHell Josh!
ReplyDeleteLooks like Bush has done more to prosper the Democratic Party's position than the party itself has done over the last sixteen years.
You should be ecstatic.
Now, maybe both will have learned that more progress could be made by dropping the "Liberal" versus "Conservative" BS and adapt to bipartisan cooperation to accomplish what needs to be accomplished.
Actually Patrick...dead on.
ReplyDeleteThe recent election was not so much a validation of the Dems as a clear rejection of Bush with all his baggage (Iraq, the Foley/page scandal, the ever-widening Abramoff scandal).
If my party wishes to prosper it has to move beyond these liberal/conservative stereotypes and recognize that people can share soem but usually not ALL the same views.
Looks like we have a war brewing between Floyd Holcom and certain members of The Port of astoria.
ReplyDeleteHave you read any of Floyd's communications posted on Astoria Citizens Journal?
I would be curious to read your views on where any of that might lead to should you care to opine.
Is is against the law to post on an open forum assuming a real person's name without their expressed permission? Actually saying something like, "If no one else will identify themselves at least I will" and then giving someone else's name, is that illegal? Is it illegal to knowingly let that person continue to post on your forum if they are using a real person's name that isn't their own? I am letting all local bloggers know that ISP address 207.200.116.197 is posting as Richard Lee. Do you happen to know whose ISP that is?
ReplyDeleteJust ran across this on John Grisham, and thought you'd be interested:
ReplyDeletehttp://www.washingtonpost.com/wp-dyn/content/article/2007/01/12/AR2007011202221.html
Seems he did some amateur sleuthing, and got sued because of it.
Local Astorian
207.200.116.197 is a proxy address from AOL.
ReplyDeleteDear Josh,
ReplyDeleteI am an intel analyst at a law enforcement agency. I am posting a question because I am considering seeking professional help for a mental disorder. However, I am worried that if I am ever called to testify in a case that I am working on (I haven't had to yet), I'm afraid the D.A. can subpoena my medical records and find out that I've seen a mental health doctor and know everything that I've told them. Is it possible for a DA to obtain medical records for a witness in a trial, in order to discredit them? Or am I just being paranoid?
Worry wart
HEY WORRY WART,
ReplyDeleteYour mental health and well being should be primary over a source of income. Go get the help you need and be healthy and happy. Concern yourself about your source of income after your healthy. Your job should never define you as a person or stand in the way of your health.
(sorry about hi-jacking your blog Josh, I couldn't resist replying on this question)
Josh,
ReplyDeleteI just recently graduated from college and am seriously considering law school. However, unlike many others who jumped the law school bandwagon, I took time off to research the field and I have noticed that... many if not MOST lawyers are unhappy. This strikes me as odd since I have always wanted to be a prosecutor for all the idealistic reasons and actually felt that one could enjoy contributing to society by putting harmful members of society away.
Are you happy that you went to law school? Is it possible to be a happy lawyer that wouldn't want to do anything else in the world?
David, I am very glad I went to law school simply because it allowed me to enter a profession I love, prosecution. I've been in private practice and with all respect to that majority of lawyers, their master is their client and billable hours...ie.money. Along with a few public interest lawyers, a prosecutor has but one loyalty, the truth, and the discretion to use it to do justice. More often than most people know, that means choosing NOT to prosecute a case.
ReplyDeleteIf you want to be a prosecutor go for it, it pays lousy, but you'll sleep well and be able to be proud of how you make a living.
Josh,
ReplyDeletewhat are your thoughts on the recent sentance upon Duffy G. Duncan? (115 illegal sturgeon and illegal gill nets) ... Do you feel justice was done?
Location: Naknek
Case Number: 060053002
Type: Commercial Fishing In Closed
On 07/19/2006, Duffy G. Duncan 58 YOA, of Astoria, Oregon pled No Contest in Naknek District Court to charges of commercial fishing during a closed period. He was fined $6,000 with $3,000 suspended and 3 year probation with no commercial fish violations.
thanks ...
I don't know much about the case but it seems a bit lenient for the offense. But that would depend on the defenadnt's record, which I don't know.
ReplyDeleteDear Josh,
ReplyDeleteWhat are your thoughts on Oregons Concealed handgun law? Do you support it or oppose it?
I was originally very opposed to the liberalized conbceal law. Befoore 1991 local sheriffs could deny anyone a permit - less than a dozen were issed in Multnimah Coiunty and hundreds in Klamath. I wrote an op-ed in the OREGONIAN in 1991 condemning Vera Katz for making a deal to extend the waiting period in exchange for broader conceal carry laws.
ReplyDeleteI was wrong.
The law has NOT resulted in greater crime by people with weapons permits. There have been virtually no incidents of criminal behavior by people with such permits. I still think sheriffs should have more discretion but the law seems to be working quite well.
josh,
ReplyDeleteso they cut your pay. what now? Are you going to look into other employement .. or just stop eating t-bones?
I will be staying and continuing to fight. If Commissioner Jeff Hazen had REALLY wanted to "send a messag on prinicple" why did he not say a single word when he was in office after I badgered him to speak with me about the budget? You'd think common decency would require "Hey, nothing personal, but we need to send a message to the state."
ReplyDeleteThis article is pretty accurate:
http://www.dailyastorian.com/main.asp?SectionID=2&SubSectionID=398&ArticleID=42432&TM=68299.28
Keep fighting the good fight Josh, there are more people supporting you than you may know. Let's hope this cowardly maneuver on the part of the commissioners elicits more vocal and visible support from the public.
ReplyDeleteHi, this is a cool idea!
ReplyDeleteI grew up in clatsop county, and when I was a teenager a neighbor girl, Doreen Raterman, was murdered by a sleezy guy named Tiac Eastman (who seems to have commented here!). Ti worked as a dishwasher at the Shilo Inn in Seaside where I was waited table on weekends-- I knew him slightly. His father was the former sheriff, and I don't believe Ti was ever actually charged with a crime.
I'd love to know why this admitted murderer of a young girl never went to prison!
Very good question, Zanthine, and Yes that is the very same Tiac Eastman who frequently posts on local blogs (including this one)
ReplyDeletehe was prosecuted and convicted of a lesser felony called "Hindering Prosecution." I became DA in 1994 and not long after was intriduced to the Raterman family who were not satisfied with the way the case had been handled. They, and many others think that Eastman was far more involved. The man convicted of the murder of Doreme died of AIDS in prison several years back. Many citizens have told me that former DA Steve Gertulla (1980-1992) gave Eastman a deal to try to get the person he considered the primary killer.
Thanks so much for your (very prompt!) response! As I'm sure you can imagine, Doreen's murder made a profound impression on me and on my friends. Doreen actually lived nearby, and she disappeared fairly near our house. For the rest of the time my family lived there my mother feared letting us ride our bikes to the beach alone!
ReplyDeleteIt's difficult to assess all the reprecussions of this case, but as one of the scores of people who volunteered to search for her body the results of the case probably influenced my perception of the legal system.
I can tell you that the public perception was (and probably still is) unequivocably that Ti Eastman got a pass on the murder of a child because his father was once Sheriff. Period. Frankly I'm appalled that he's blogging away about his father's murder, and not mentioning Doreen's!
wasnt tiac eastman a suspect in the disappearance of a young Warrenton woman prior to the Raterman case?
ReplyDeleteSeems a girl who was walking to a store in Warrenton was never seen again. During the Raterman investigation much was made of the fact that Eastman aided in the search for the missing Warrenton girl and acted "wierd" about it.
At the top of this blog I mention that among the few things I cannot discuss are pending cases. I think the case you are referring to is this yet-unsolved potential homicide of Joanie Hall in 1982.
ReplyDeleteIf that is the case you are refrringn to I'll have to defer comment.
Josh,
ReplyDeleteIn cases where a felon had possession of a firearm or a firearm was used in a crime, in how many cases have the ATF placed federal charges on this person?
The Federal law is MUCH tougher than state law for the same crime. The feds have a program called Project Safe Neighborhoods and if someone is a REALLY bad actor they'll take the case. It happens only a few times a year in Clatsop County, the last one I recall was a convicted rapist who had a bunch of guns
ReplyDeleteif someone is a REALLY bad actor they'll take the case
ReplyDeleteDoes this mean the BATFE doesn't prosecute a lot of potential cases of felons in possession of firearms or firearms used in crimes? I've heard from many law enforcement sources that the BATFE only seems interested in "high profile" cases.
Okay, I work with these guys and gals and in fairness to ATF, THEY don't make the decision, the United States Attorney's Office (the federal DA for Oregon) does.
ReplyDeleteIn fairness to them, they've been pretty good about taking cases although they have very rigid rules which are dictated by "Main Justice" in Washington, D.C.
This is an actual question...not a political commentary. My friend in California got into an altercation with a friend which unfortunately involved a baseball bat. My friend is much smaller than his friend and his friend hit him first with injuries involved. My friend retaliated/defended himself with a baseball bat and then left the scene. He called the police and was advised that there was warrant and he should turn himself in. He has and is now in jail. It is a holiday weekend...and he was pretty much defending himself..what are his chances of getting out before July 5th? This is for a friend of mine's bf....I have been googling all over the place to find an answer for her..
ReplyDeleteThank you for your help.
J
I can't/don't give legal advice.
ReplyDeleteDifferent states have different laws but in most places any person is entitled to use reasonable force to defend themselves against an aggressor. That being said a smaller person cannot simply move up to a bat or knife because of their size in a fight. If your friend turned himself in in California and wants to get out before the next court date, you'd best see a bail bondsman. If the charges are serious - like a felony - he should get a lawyer as soon as possible. The actual facts may be different than what you now know and he could be in worse trouble than you think.
One of the local police departments investigated an alleged crime. the officer wrote a report and sent it to you to review. you reviewed the report and decided not to prosecute for whatever reason .. my question is do you keep files on people or a "watch list", is that report kept in your office or destroyed, is it now public record?
ReplyDeletethanks
We log in all reports whether we file charges or not. Therefore if a person keeps coming up we evaluate the case accordingly. Once a decision NOT to prosecute has been made that police report becomes a public record and can be requested from the issuing agency. We generally return "declined" reports or destroy our copy. We simply don't have the physical file capacity to keep them and we are getting copies of what stays with the issuing agency.
ReplyDeleteJosh,
ReplyDeleteMy 18 yr old daughter got charges pressed for "assault" because she pushed her friend (a minor) who was getting in her face...she asked her numerous times to "please back off" before she pushed her - she didn't push her down, just away...the girl made a big production out of it, calling the police, etc....so now my daughter has to appear next month. They didn't arrest her, just gave her a piece of paper saying she has to appear.
My main question is...we cannot afford an attorney. For an appearance to explain and hope to be exonerated, do we need an attorney? And if so, since she's the defendant, is this something we can use a public defender for? And if so, how do we go about that?
This is a "teen-age" case, the only thing that made it serious was that MY teen happens to be 18.
What can you suggest? Thank you!
Clarification to the last post - I guess that yes, she was arrested, just not taken to jail. (sorry)
ReplyDeleteLike it says at the top, I can't comment on a pending case but given the general facts.....
ReplyDeleteAn 18-year-old is an adult under the laws of Oregon and the fact it involved "teenagers' is largely irrelevant. If someone is "arrested" but not taken to jail it most likely means they were simply "cited" and the case was either sent to the DA's office to decide if a complaint would be filed or they simply have a court date they REALLY need to pay attention to. The biggest mistake people make is ignoring court dates.
Since your daughter is an adult she would be eligible for a court-appointed attorney, called a public defender in some jurisdictions, if she had income or assets insufficient to hire her own lawyer, regardless of her parents' income or assets.
No-one has to "hope to be exonerated." The state has to prove they are guilty or they are acquited. If she has a valid defense an attorney could help her with that and possibly convince the prosecutor to drop or reduce the case. On the other hand there may well more to the story your daughter is not telling you.
Thank you Josh - yes, I believe she was just "cited"...and now it's looking like the charges may be dropped by the person offended. When we went to their home on Saturday to pick up the rest of my daughter's things, she tried to tell me that she DIDN'T ask to have charges pressed...but of course, she had to have asked for it, for it to have happened.
ReplyDeleteAnd yes, I wasn't there, so don't know exactly what went on, but DO know the young lady in question and know she's a drama queen.
I sincerely hope that she and her parent's do drop the charges...it was a simple altercation between two girls that got blown out of proportion.
Oh, and if they DON'T get the charges dropped, the court date WILL be met..so no problem there, it's already on my calendar! I'll make sure she gets there!
Thank you for your input!
Hi Josh
ReplyDeleteA question about recording conversations.
If I recorded a phone conversation and down the road some questions were raised about what was said, can I replay that over the internet? Do I need the other individuals permission to do so? Are there different rules for different people.....or people that on the Job or off?
Thanks!
TH
I can tell you the criminal law in Oregon, not about intellectual property issues.
ReplyDeleteIn Oregon it is legal (not a crime) for one party to a phone conversation to tape it without the knowledge of other parties. It is illegal to tape face to face conversations without notice or to hide a recorder to tape others.
This does not address civil law issues such as expectation of privacy or commercial use of another person's image or voice.
I just found this post from miss zanthinegirl .who ever she is . if I ever do I would take her to court for slander I did not ever adnitted to killing miss dorone Raterman or did such thing . I would like to know were she got her info .as for being a suspect on the disapperance of Joan hall I was out of town at the tiem she had disappeard from warrton . yes I did help look for her adn how would she know if I was acting funny .?was she there .?My family as well as dorone,s was hurt by this . the person that killed miss Raterman mr mullins is no longer with us . and as for me blogging about my dads death . If it will help other that have been on meth to stop being on meth I will keep on blogging about it.
ReplyDeleteTi
to clear what I said . i never admitted to kiling miss Raterman or never did such a thing . That was mr mullins who is no long with us . as for being a suspect with the disapperarance of joanie hall . I was not or never was . I was out of town at the time of here disappearance . i would like to know were zanthinegirl got her info.all so I have talk to joanie halls bother more then once .
ReplyDeleteTi.
Ti.
Hi ,josh I have talk to a lawer about the post that miss zanthinegirl had put on this site . this is what he has told me . that I should ask u to remove what she has asked from your site . That I do have a case to take to court with miss zanthingirl for slander and that u could be part of this case . am to let him know in two weeks to see if this has happend . if not we will take the next step.thanks TI eastman
ReplyDeleteMr. Eastman:
ReplyDeleteHave your lawyer contact me, and not through my website. I'm in the phone book.
Truth is a defense and you were convicted of a felony connected with the murder of Dorene Raterman.
For reasons known best only to you you continue to post comments about this case identifying yourself.
If there is something false in what is posted on this website then have your attorney bring it to my attention.
Otherwise please do not use this website for private communications.
when there is miss info abaout my case that is out there I will make a comit about it . as I said before I did not KILL MISS RATMEN OR ANY THING TO HER . That was MR mullins .
ReplyDeleteOk ,fine your smart man to know that I did not hurt or kill miss Ratman .But the person should be held acountable for what she said .
ReplyDeleteto many pepole were hurt by this .
you should have at least let here know that .
Hi I have seen the post between you and Mr Eastman . I feel that you are being unfair to him by not saying some thing about what zanthinegirl has said about Mr Eastman . should she have some kind of proof before she would say some thing like that . If she did then she should have taken it to the cops .
ReplyDeleteJosh,
ReplyDeleteAlso, would you support a bill that amended the diversion law to allow people with CDLs to be diversion eligible?
Thank you for your service.
I would not support changing the law to allow current holders of Commercial Drivers Licenses the ability to have the privilege of a DUII diversion. I would consider a provision that allows some execeptions to be made in unusual cases.
ReplyDeleteThe policy is that people who drive large trucks including 18-wheelers for a living and drive under the influence pose a much greater threat to the public.
They are professional drivers and are held to a higher standard than drivers with "ordinary" drivers licenses.
Oregon already has one of the most lenient policies in the country for DUII. Many states do NOT have any diversion program or if they do they only allow one in a lifetime, not one every 10 years.
Josh,
ReplyDeleteDo you ever check your email?
You probably should...
Thanks,
...
My e-mail is coastda@aol.com.
ReplyDeleteI check it every few minutes
Still trying to found out who is zanthiniegirl.
ReplyDeletewhen I do I will be sueing her for what she said on this site . I did not ever admitted to murdere miss rateman . were did she come up with that .when done with the law suit she will not have any money ever.
In Yamhill County it is a common practice of ciruit cour judges to include the "paying back" of the defendants indigent defense in the sentence, right along with fines and restitution. Is this done according to law and if so, can you please site the law or a place where I might find the law written in its entirety? I was under the impression that courts must consider the defendants current and future ability to pay and that if the defendants financial situation has remained unchanged or worsened since applying for an indigent defense that said defendant was still guaranteed that defense under the law of the land (Constitutional law)
ReplyDeletePlease advise.
Not just in Yamhill County, but throughout the state courts will impose Court Appointed Attorney costs to people convicted of crimes.
ReplyDeleteThe right to counsel does not mean the people found guilty get them for free. A court does take into account a defendant's ability to pay.
In the vast majority of cases the amount assessed by the court ($300 for a misdemeanor and $500 for a felony) are only a fraction of the actual value of the legal services provided and that is a fraction of what a retained attorney would charge.
Dear Josh,
ReplyDeleteI have a question regarding Felony Expungment. I was Convicted of a Class C felony in 1999, in Clatsop County, and since have completed all that was needed(probation, fines, etc) and am currently in College and will finish my bachelor's degree in Liberal studies in june, and am worried about finding employment with the felony conviction. What can I do, if any, to get this expunged?
Thank you
Owen -
ReplyDeleteLook up Oregon Revised Statute 137.255, not exactly "expungement" which only exists for juveniles, someone with convictions for MOST class C felonies that do not involve sex crimes or child abuse can file a motion with the court for the coinviction to be "seat aside" or "sealed" which then allows the person, in most circumstances, to answer "no" when asked "Have you been convicted of a felony?"
If all you have is a single class C felony (that otherwise qualifies) in 1999 and no arrests or convictions since it is almost certain that a judge would grant a motion to "set aside" such a conviction.
You don't necessarily need a lawyer. There are forms for the appropriate motion and you have to pay $80 and get fingerprinted to verify that your record has in fact been clean.