I noticed on your site that you are friends with the Honolulu DA, and was hoping you could clear up something for me. I just received a citation for having a cup of something that may be alcohol at a park before the concert starts. There's a court summons that goes with it and the possible charge of a "petty misdemeanor" I'm really worried and do not know what to expect. The only time I've been in a courthouse is for a speeding ticket, which is my one and only so far. Does a "petty misdemeanor" stay on your record forever? Will I be given counsel at my hearing? Is hiring a lawyer something I should look into? I really have no idea what to expect and I've tried looking online for information. Thanks so much for your time.
Depending on what part of the HRS you were charged with it may or may not be a misdemeanor that goes on your record. If you are not a native of the state there is a way to pay by mail although that may result in having a misdemeanor conviction. In Oregon such misdemeanors can be "sealed" or Set aside" after three years. It may be worth getting REAL legal advice from a Hawaii lawyer and tell them exactly what section of the law you were charged under; 3.1, 3.2 or 3.3.
Thanks for the response! I'm having trouble finding the HRS that this pertains to, so I'm not sure which part I am being charged with. I was actually never told. would a lawyer be required to "seal" or "set aside" a misdemeanor in 3 years? I will try to seek some advice, but it's hard to just pick out a name in a phone book. Thanks again.
I was wondering if you could give your opinion on a scenario? If there was a domestic dispute between partners and the police responded and Partner A gave testimony while Partner B stayed silent, so Partner B was arrested and charged. Then Partner B was bailed out and went to the police to give their side of the story stating that they were sexually assaulted, held against their will, and acted in self defense. Both parties have bruises and injuries. Partner B also served Partner A with a restraining order. Would you think the charges would get dropped for - or will the DA pusure them? Would the DA pursue charges on Parnter A?
This "hypothetical" doesn't sound very hyothetical and one of the caveats for this blog is that I cannot comment on pending cases. This sounds very much like a case submitted to my office. Each case is reviewed individually. Sometimes we agree with the police and sometimes we do not.
I am wondering what the stipulation/limitaton is for public information re: cases involving a 12 year old. Not sexual, more like neglect or misconduct. Is the case sealed as far as dates, times, etc. when it comes to reports of abuse or investigations because of the child's Minor status? Or is that information available to the public?
i don't know whether you know or not but finding details about laws specific to certain counties or states on the internet is very difficult. this blog is the best bet i've found so far. i'm not sure whether you will be able to answer my question or not but maybe you could tell me where i could find the answer, either way, my question is this, if you receive a citation in a county that you do not reside in and simply ignore the summons and fines, does the warrant that is sure to ensue extend out of that county? for instance, say i got cited in tillamook county, and i live in clark county and in my naive youthful carelessness i decided i didn't give a good-god-darn what tillamook county thinks of my vices and that i didn't much care for tillamook county and never planned to go again anyway, could i ever be arrested for that warrant in clark county? is that dependent on the charge? what about a 'violation'? whatever that means.
Ignoring a traffic citation is a bad idea unless you don't care about getting your license suspended, not only in your home state, but potentially in other states who link their computer systems together. Assuming it is only an infraction (speeding not reckless driving) you won't be physically arrested but you will almost certainly have your license suspended, even in Washington.
it had nothing to do with traffic. i don't have, never have had, and plan to never have a driver's license. it was just a little pot. so as i understand it, (and please correct me if i'm wrong) unless i am in that county, i won't be arrested for it, right?
I can't tell you specifically what would happen to you if you failed to appear in a particular county. If you had bail posted they might simply forfeit it, and take a "bail forfeiture" which might result in the equivalent of a default guilty finding. It's always best to make your court appearances even if they are later. Any history of failures to likely to give a person much less of a chance of getting released from jail on any charge in the future. The best way of course as Chris Rock says is to "Obey the Law!"
Today's news about the Gov. of IL reminds me of another situation.
The "Commentary" regarding the "Conflicts of Interest" section (Section 7) of the National District Attorneys Association's National Prosecution Standards states the obvious: "When the prosecutor has an actual or potential conflict, it is his responsibility to seek a special prosecutor." Such Commentary clarifies that this is mandatory, not discretionary.
NY DA Morgenthau recently disclosed that he would not prosecute former NY Gov. Eliot Spitzer: "The guy lost his job, apologized and was publicly embarrassed. I don't believe in kicking someone when they're down." Bernard Spitzer, the father of Eliot Spitzer, was the largest single contributor to various of Mr. Morgenthau's election campaigns. Eliot Spitzer, of course, worked for Mr. Morgenthau, and assisted his campaign when he, himself, was an elected official.
Wasn't DA Morgenthau OBLIGATED to ensure that somebody besides himself investigated Gov. Spitzer and made the call whether to prosecute him? Gov. Spitzer admitted to patronizing prostitutes in NY Co., but DA Morgenthau didn't investigate to even determine the prostitutes' ages. If they were underage, then Gov. Spitzer "got away" with rape (statutory) simply because he was not investigated by the local DA, who was his employer and the recipient of his father's campaign contributions.
DA, If I were to walk up to you with a video camera and started asking you questions, would you have me arrested for violating ORS 165.540(1)(c)? The law requires that I tell you that I am recording you, even if the red light is on and it's obvious. Do you think that such a requirement infringes on the First Amendment?
It's hard to answer Ginger's question because I'm not sure if she's asking about public records or arrests. Generally everything is public record EXCEPT reports of child abuse which are not subject to disclosure
If you're trying to get me to comment on the police arresting someone who won't turn off a camera, sorry it's a pending case and I can't/won't. It is a crime to record someone's voice in Oregon - except on the phone - without their knowledge
I was not referring to a specific case. I am just asking you if you think it is good policy to arrest someone who is obviously recording-- assume the red light is on-- but fails to say "I am recording you." Do you believe that "specifically inform" should be a bit broader. What public policy is furthered if the "victim" knows he's being recorded and the "offender" is still arrested? You're a prosecutor, but you're not a robot. You can say when a law's scope is too broad or doesn't further the public interest. Thanks.
Mr. Marquis, Please tell us the status of the Astoria Police Officer Bryan Slotte case. If you have transfered the case to another District Attorney's Office, please provide his/her contact information. This case has been going on for almost a year without closure, which is interesting since defendants are supposed to have right to a speedy trial. Additionally, please provide the disposition on the Clatsop County Deputy Sheriff Bob Smith trial. I understand Smith and Slotte are charged with the same offense, but different facts. Thanks.
Former Deputy Sheriff Smith pled guilty to two counts of Official Misconduct in the First degree in December 2008. The charges against Mr. Slotte are of a different nature and that case is in the hands of the Clackamas County District Attorneys Office and is apparently set for trial in July. Like anyone charged Mr. Slotte is presumed innocent until and unless he is found guilty or pleads guilty. In special prosecutions the Clatsop DA's Offic has no say in how the case is handled.
I had a angry neighbor take a false terroristic threat charge (in G.A.) against by way of an Application Warrant Hearing. My word against hers and still I was arrested....now my case file information online says - "5/5 Case Disposed Bo"- what does this mean? Will it turn over to a higher court now? Is it over? I have a clean record up until this point...will felony now exist? Thanks, Angie
Since I don't practice in Georgia I have no idea what that notation means. You should know if you have a felony conviction. If you are concerned about having an arrest that did not result in a conviction taken off your record consult a local attorney. So called expungement laws vary wildly state to state.
Thanks for your interesting blog. I am in South Africa. Here America is seen a step ahead in most things. May I ask a question about legal process in America. Say a person who declines to testify is found guilty of capital intent. Say a few years later the person's memory "comes back". Say this could show there could not have been intent after all. Now is the American legal system such that a re-opening is completely impossible. I heard many years ago that new legal rules were made in America for political reasons under the Bush administration that prevents re-opening of all first degree cases to stop the guys delaying penalties. So if something was not argued initially, new evidence could no longer be brought later, not new physidal evidence, not new refreshed memory evidence, no new evidence whatsoever unless argued initially, case shut. Is that true? Nelson Mandela has of course abolished the capital penality. However, things aren't seen to be perfect here either. So how does the American legal system handle that?
Thanks for visiting from South Africa. I have a copy of the 1994 ballot framed in my library and the new constitution in a small format as well. I certainly understand why President Mandela abolished capital punishment in South Africa given the terrible legacy of the dark years.
Although the Bush Administration did push the envelope with executive orders on things like torture and "rendition" they did not and could not change basic legal rules concerning criminal rights. First the federal courts can only make broader the rights of a defendant, not restrict them. In other words a particular state might pass a law that limits appeals rights and the federal courts could either affirm that law or strike it down as unconstitutional (which they have many times). Second the vast majority of states allow convicted defendants to raise new claims, particularly of actual innocence years after their conviction. As a policy matter as a prosecutor I strongly feel that any real new evidence of actual innocence should always be reviewed. For that reason my state and most others allow DNA testing often log after a case has "ended." It is important to note that while highly publicized the number of such DNA exoneration's is tiny, while significant. I helped write the policy adopted several years ago by the National District Attorneys Association that DNA testing should be allowed at ANY stage of a case, regardless of procedural deadlines, if it will establish actual guilt or innocence. That being said a killer doing life or in those relatively few cases facing a death sentence has great incentive to "discover" that his cell neighbor just before dying of natural causes privately confessed that he was the true killer of the victim for which the "applicant" has been sentenced. I am currently in year 22 of a capital murder case in which the defendant has been three times sentenced to death and the fourth trial is set for March 2010. He murdered two very good people in the summer of 1987. Things aren't perfect here either. Justice is a work in progress in America, as everywhere.
Almost two years ago, I was arrested and I believe the charge was assault causing bodily harm. It was a domestic situation. I was fingerprinted, and stuffed in a jail cell (which I deserved). My question is, my boyfriend and I went to the detective and discussed the situation... and he told us not to worry, that he was not pursuing the case.. that he wasn't even going to give it to the d.a. I never went to court...etc. My question is, can a detective simply decide not to hand a case over to the d.a.? And, if so, does that mean my arrest won't show up on my record? Also, does the FBI have my fingerprints? I'm asking because I'm headed to nursing school and the nursing board does a FBI background check. Thanks, Bran
With the caveat (caution) that I cannot give legal advice and the fact that laws vary considerably from state to state I'll answer first if this happened in Oregon.
The decision to prosecute lies with the prosecutor or grand jury, NOT with the detective or police officer. We usually listen very carefully to the recommendation of the investigating officer but just as we sometimes file cases they'd rather we don't more often we decide that there simply isn't enough evidence. In Oregon if a person is arrested but never convicted of a crime they can apply through ORS 137.225 to have that record of arrest "Set Aside." It's pretty much automatic for an arrest that does not result in conviction and once a judge signs the order "sealing the arrest" the applicant is able to answer "no" when asked by MOST employers "Have you ever been arrested." There are some jobs, usually law enforcement or positions requiring a security clearance that want to know about ANY arrests. That's Oregon. Different states have different laws so you should first try Googling it. You may be able to do it yourself but you may need a lawyer if you're unsure of the process.
hELLO JOSHUA, i WAS WONDERING IF SAY SOMEONE WOULD GET A SPEEDING TICKET IN ONE COUNTY AND THEN GOES ON SUPERVISION FOR 30 DAYS FOR IT AND THEN 2 WEEKS LATER IN A DIFFERENT COUNTY GETS ANOTHER SPEEDING TICKET WHILE STILL UNDER SUPERVISION ON THE FIRST COUNTY,DOES THE SECOND TICKET,IN THE OTHER COUNTY DISRUPT THE COURT SUPERVISION ON THE FIRST? oR DOES TWO DIFFERENT COUNTIES CHANGE ANYTHING. iF THEY DO PLAY ON EACH OTHER WHAT CAN B DONE TO PREVENT THEM FROM GOING ON RECORD BEFORE COURT DATE!!! P.S. THESE WERE BOTH IN THE SAME STATE! ANY LIGHT YOU COULD SHED ON THIS WOULD B WONDERFUL,THANK YOU VERY MUCH!!
In my state you can't be on "supervision" or probation for "speeding tickets" so it's a hard question to answer. The best answer is to....tell the truth to the court or they'll eventually find out about it anyway. When in doubt, ask your lawyer.
Does it pay to be a white collar criminal in Clatsop County? They Seem to get off when they promise to pay restitution and pay only a few dollars & split for parts unknown. I'll be dead before they are caught again.
No it does not pay to be a white collar criminal in Clatsop County. Oregon law is very lenient for first time embezzlers and makes it almost impossible for judges to give prison time the first time we catch someone who embezzles more than $10,000. Our office has prosecuted dozens of people who stole from churches, small businesses, non-profits, and the elderly. If they don't go to jail they are required to pay most of the restitution up front. In many cases we ask the victims which is more important to them - immediate restitution or jail or prison for punishment and deterrence. We take that into account. A number of white collar thieves have gone straight to prison. My office prosecuted the largest criminal case against a company when Pacific Surimi LLC was convicted of felony theft. Since it was a company they couldn't go to jail, so instead they had to pay financial fines totaling over $800,000. That included restitution to fishermen who were ripped off, $300,000 of a "forced donation" to the Clatsop Community Fund (which we created) administered by the Oregon Community Foundation and over $200,000 for the costs of the investigation. The DA's Office received exactly nothing. We look at every case on its merits and are most concerned that defendants are treated proportionately to their crime, their background, and the victim. It is also why I supported Measure 57 which gave judges the power to give actual prison time to repeat property offenders, although Measure 57 will be suspended because of action by the Oregon State Legislature for sentences after Feb. 15, 2010. I don't "Guess Who" but if you are asking about a pending case - of which there are several - I don't discuss them except in court or when they are concluded.
You're an amazing guy. I've read the blogs and kept up with you for the last couple of years. Disagree at times but glad you are DA in Clatsop County. Good luck on getting the U.S. Attorney slot for Oregon. All the best.
Mr. Marquis, Whatever happened to the Brian Slotte case you commented on in this column about a year ago? Slotte, an Astoria Police Officer, was charged by the Oregon State Police with 10 counts of official misconduct. You sent the case for prosecution to another county almost two years ago. No grand jury ever heard the charges and Slotte has never been to trial. He is free in the community, although not working as a police officer due to some covered up deal he made with Astoria. When you send these cases away to you ever follow up to ensure justice was done? If so, what happened to Slotte.
I am Singaporean living in Australia. I support capital punishment and I need to let you know that America needs to speed up executions. Look at how Singapore does it. One appeal and one clemency is all you need.Look at this real case:
On 30 November 1994, During a routine spot-check at Newton Road, SSSgt Boo requested Zainal Abidin Abdul Malik, 29, to open his car boot for Inspection, and upon doing so, the Zainal withdrew an axe and struck SSSgt Boo in the head with it. Zainal was arrested after a short chase, convicted of murder, and sentenced to death after his appeal was rejected. He was given a posthumous promotion to the rank of SI, and awarded the Medal of Valour. This incident was the last since an officer has been feloniously killed while on official duty.
Singapore Trafficker Hanged For Two Kilos Of Cannabis From the Singapore Straits Times (http://www.asia1.com.sg/straitstimes/pages/stspore.html), Sept. 2, 1996
Trafficker, murderers hanged
A DRUG trafficker and three convicted murderers were hanged on Friday at Changi Prison.
* Jeerasak Densakul, 24, a Thai farmer, was sentenced to death on Oct 12 last year for trafficking in more than 2 kg of cannabis. His appeal was dismissed on Jan 26 this year. * Teo Kim Hong, 36, a prostitute, was convicted and hanged for stabbing another prostitute, Ms Ching Bee Ing, 26, to death while she was sleeping on Aug 8 last year. Teo was found guilty on Jan 24. Her appeal was dismissed on March 26. * Thongbai Naklangdon, 28, killed a fellow Thai worker, Mr Suk Malasri, 23, on June 17 last year. Mr Suk had made threats after he was beaten up by four men. Thongbai, who said he felt threatened, hit and killed Mr Suk with an iron rod. Sentenced to death on Nov 17 last year, his appeal was dismissed on Jan 8 this year. * Zainal Abidin Abdul Malik, 29, was convicted of murdering a police officer, Station Inspector Boo Tiang Huat, on July 15 last year. SI Boo and another officer were on their rounds in Newton Road when they checked Zainal, who struck SI Boo on the head with an axe. His appeal was dismissed on Jan 8.
Look at how quick we deal with executions? Zainal Abidin Abdul Malik kills a policeman on 30 November 1994. Zainal Abidin Abdul Malik was sentenced to death on 15 July 1995. Zainal Abidin Abdul Malik's appeal was dismissed on 8 January 1996. Zainal Abidin Abdul Malik's clemency from the Singapore President was denied. Zainal Abidin Abdul Malik was executed on 2 September 1996.
Americans can be very ethnocentric about the alleged superiority of western morality. Many advanced cultures still believe in capital punishment, not just dictatorships.
Allegation against former Astoria PD Officer Slotte were referred to another DA's office for consideration. This is done so there is no question that the case is being affected by local prejudice for or against the subject. My understanding is that the other DA chose not to file criminal charges against Mr. Slotte. We generally do NOT discuss charges that are not filed except in unusual circumstances such as the claims against the former superintendent of schools in Jewell or the former Port director.
Mr. Marquis, Thanks for the information about officer Slotte. I think I got it: charges of official misconduct against a police officer are not as important as a school person stealing or a port person doing what he though best to grow the "business" and upsetting the local news paper editor. Just so you know, I would ask if the documents suggesting 10 criminal misconduct charges against Slotte are public record, but I have discovered from the Oregon State Police they are not, and a request will cause them to do over $500 worth of 'redacting" (removing information from the report) before anyone is allowed to read them. Isn't this the same kind of problem in dealing with charges of official misconduct that the Portland Police Bureau is currently dealing with, except that instead of the Bureau covering thing up, the DA is?
The whole reason for "special prosecution" is to remove the local DAs office from any decision making in that particular case. I don't necessarily agree with the special prosecutor's decision but again that is the whole point - neither I nor my office get to make that decision. Once the investigation is done generally the investigative reports become public record. Since my office doesn't have those reports I can't speak to how accesible they are. We don't "cover things up" and I've more often been criticized for making too much public than the other way around.
Hi Mr. Marquis,
ReplyDeleteI noticed on your site that you are friends with the Honolulu DA, and was hoping you could clear up something for me. I just received a citation for having a cup of something that may be alcohol at a park before the concert starts. There's a court summons that goes with it and the possible charge of a "petty misdemeanor" I'm really worried and do not know what to expect. The only time I've been in a courthouse is for a speeding ticket, which is my one and only so far. Does a "petty misdemeanor" stay on your record forever? Will I be given counsel at my hearing? Is hiring a lawyer something I should look into? I really have no idea what to expect and I've tried looking online for information. Thanks so much for your time.
Dear Anon:
ReplyDeleteDepending on what part of the HRS you were charged with it may or may not be a misdemeanor that goes on your record. If you are not a native of the state there is a way to pay by mail although that may result in having a misdemeanor conviction. In Oregon such misdemeanors can be "sealed" or Set aside" after three years. It may be worth getting REAL legal advice from a Hawaii lawyer and tell them exactly what section of the law you were charged under; 3.1, 3.2 or 3.3.
Good Luck
Josh Marquis
Thanks for the response! I'm having trouble finding the HRS that this pertains to, so I'm not sure which part I am being charged with. I was actually never told.
ReplyDeletewould a lawyer be required to "seal" or "set aside" a misdemeanor in 3 years? I will try to seek some advice, but it's hard to just pick out a name in a phone book. Thanks again.
Hi Josh,
ReplyDeleteI was wondering if you could give your opinion on a scenario? If there was a domestic dispute between partners and the police responded and Partner A gave testimony while Partner B stayed silent, so Partner B was arrested and charged. Then Partner B was bailed out and went to the police to give their side of the story stating that they were sexually assaulted, held against their will, and acted in self defense. Both parties have bruises and injuries. Partner B also served Partner A with a restraining order. Would you think the charges would get dropped for - or will the DA pusure them? Would the DA pursue charges on Parnter A?
Thanks,
Anonymous
This "hypothetical" doesn't sound very hyothetical and one of the caveats for this blog is that I cannot comment on pending cases. This sounds very much like a case submitted to my office. Each case is reviewed individually. Sometimes we agree with the police and sometimes we do not.
ReplyDeleteHello,
ReplyDeleteI am wondering what the stipulation/limitaton is for public information re: cases involving a 12 year old. Not sexual, more like neglect or misconduct. Is the case sealed as far as dates, times, etc. when it comes to reports of abuse or investigations because of the child's Minor status? Or is that information available to the public?
dear josh,
ReplyDeletei don't know whether you know or not but finding details about laws specific to certain counties or states on the internet is very difficult. this blog is the best bet i've found so far. i'm not sure whether you will be able to answer my question or not but maybe you could tell me where i could find the answer, either way, my question is this, if you receive a citation in a county that you do not reside in and simply ignore the summons and fines, does the warrant that is sure to ensue extend out of that county? for instance, say i got cited in tillamook county, and i live in clark county and in my naive youthful carelessness i decided i didn't give a good-god-darn what tillamook county thinks of my vices and that i didn't much care for tillamook county and never planned to go again anyway, could i ever be arrested for that warrant in clark county? is that dependent on the charge? what about a 'violation'? whatever that means.
Ignoring a traffic citation is a bad idea unless you don't care about getting your license suspended, not only in your home state, but potentially in other states who link their computer systems together.
ReplyDeleteAssuming it is only an infraction (speeding not reckless driving) you won't be physically arrested but you will almost certainly have your license suspended, even in Washington.
dear josh
ReplyDeleteit had nothing to do with traffic. i don't have, never have had, and plan to never have a driver's license. it was just a little pot. so as i understand it, (and please correct me if i'm wrong) unless i am in that county, i won't be arrested for it, right?
Hello Mr. Marquis,
ReplyDeleteNo answer for my question? Or are you getting back to me later, after some research? If you can't answer it, just let me know.
Thanks,
Ginger
I can't tell you specifically what would happen to you if you failed to appear in a particular county. If you had bail posted they might simply forfeit it, and take a "bail forfeiture" which might result in the equivalent of a default guilty finding.
ReplyDeleteIt's always best to make your court appearances even if they are later. Any history of failures to likely to give a person much less of a chance of getting released from jail on any charge in the future.
The best way of course as Chris Rock says is to "Obey the Law!"
Dear Mr. Marquis:
ReplyDeleteToday's news about the Gov. of IL reminds me of another situation.
The "Commentary" regarding the "Conflicts of Interest" section (Section 7) of the National District Attorneys Association's National Prosecution Standards states the obvious: "When the prosecutor has an actual or potential conflict, it is his responsibility to seek a special prosecutor." Such Commentary clarifies that this is mandatory, not discretionary.
NY DA Morgenthau recently disclosed that he would not prosecute former NY Gov. Eliot Spitzer: "The guy lost his job, apologized and was publicly embarrassed. I don't believe in kicking someone when they're down." Bernard Spitzer, the father of Eliot Spitzer, was the largest single contributor to various of Mr. Morgenthau's election campaigns. Eliot Spitzer, of course, worked for Mr. Morgenthau, and assisted his campaign when he, himself, was an elected official.
Wasn't DA Morgenthau OBLIGATED to ensure that somebody besides himself investigated Gov. Spitzer and made the call whether to prosecute him? Gov. Spitzer admitted to patronizing prostitutes in NY Co., but DA Morgenthau didn't investigate to even determine the prostitutes' ages. If they were underage, then Gov. Spitzer "got away" with rape (statutory) simply because he was not investigated by the local DA, who was his employer and the recipient of his father's campaign contributions.
DA,
ReplyDeleteIf I were to walk up to you with a video camera and started asking you questions, would you have me arrested for violating ORS 165.540(1)(c)? The law requires that I tell you that I am recording you, even if the red light is on and it's obvious. Do you think that such a requirement infringes on the First Amendment?
It's hard to answer Ginger's question because I'm not sure if she's asking about public records or arrests. Generally everything is public record EXCEPT reports of child abuse which are not subject to disclosure
ReplyDeleteIf you're trying to get me to comment on the police arresting someone who won't turn off a camera, sorry it's a pending case and I can't/won't.
ReplyDeleteIt is a crime to record someone's voice in Oregon - except on the phone - without their knowledge
I was not referring to a specific case. I am just asking you if you think it is good policy to arrest someone who is obviously recording-- assume the red light is on-- but fails to say "I am recording you." Do you believe that "specifically inform" should be a bit broader. What public policy is furthered if the "victim" knows he's being recorded and the "offender" is still arrested? You're a prosecutor, but you're not a robot. You can say when a law's scope is too broad or doesn't further the public interest. Thanks.
ReplyDeleteMr. Marquis,
ReplyDeletePlease tell us the status of the Astoria Police Officer Bryan Slotte case. If you have transfered the case to another District Attorney's Office, please provide his/her contact information. This case has been going on for almost a year without closure, which is interesting since defendants are supposed to have right to a speedy trial. Additionally, please provide the disposition on the Clatsop County Deputy Sheriff Bob Smith trial. I understand Smith and Slotte are charged with the same offense, but different facts.
Thanks.
Former Deputy Sheriff Smith pled guilty to two counts of Official Misconduct in the First degree in December 2008.
ReplyDeleteThe charges against Mr. Slotte are of a different nature and that case is in the hands of the Clackamas County District Attorneys Office and is apparently set for trial in July. Like anyone charged Mr. Slotte is presumed innocent until and unless he is found guilty or pleads guilty. In special prosecutions the Clatsop DA's Offic has no say in how the case is handled.
I had a angry neighbor take a false terroristic threat charge (in G.A.) against by way of an Application Warrant Hearing. My word against hers and still I was arrested....now my case file information online says - "5/5 Case Disposed Bo"- what does this mean? Will it turn over to a higher court now? Is it over? I have a clean record up until this point...will felony now exist?
ReplyDeleteThanks,
Angie
Since I don't practice in Georgia I have no idea what that notation means.
ReplyDeleteYou should know if you have a felony conviction. If you are concerned about having an arrest that did not result in a conviction taken off your record consult a local attorney. So called expungement laws vary wildly state to state.
Hi Mr. Marquis
ReplyDeleteThanks for your interesting blog. I am in South Africa. Here America is seen a step ahead in most things. May I ask a question about legal process in America.
Say a person who declines to testify is found guilty of capital intent. Say a few years later the person's memory "comes back". Say this could show there could not have been intent after all. Now is the American legal system such that a re-opening is completely impossible. I heard many years ago that new legal rules were made in America for political reasons under the Bush administration that prevents re-opening of all first degree cases to stop the guys delaying penalties. So if something was not argued initially, new evidence could no longer be brought later, not new physidal evidence, not new refreshed memory evidence, no new evidence whatsoever unless argued initially, case shut. Is that true?
Nelson Mandela has of course abolished the capital penality. However, things aren't seen to be perfect here either.
So how does the American legal system handle that?
Thanks for visiting from South Africa. I have a copy of the 1994 ballot framed in my library and the new constitution in a small format as well. I certainly understand why President Mandela abolished capital punishment in South Africa given the terrible legacy of the dark years.
ReplyDeleteAlthough the Bush Administration did push the envelope with executive orders on things like torture and "rendition" they did not and could not change basic legal rules concerning criminal rights. First the federal courts can only make broader the rights of a defendant, not restrict them. In other words a particular state might pass a law that limits appeals rights and the federal courts could either affirm that law or strike it down as unconstitutional (which they have many times). Second the vast majority of states allow convicted defendants to raise new claims, particularly of actual innocence years after their conviction.
As a policy matter as a prosecutor I strongly feel that any real new evidence of actual innocence should always be reviewed. For that reason my state and most others allow DNA testing often log after a case has "ended." It is important to note that while highly publicized the number of such DNA exoneration's is tiny, while significant.
I helped write the policy adopted several years ago by the National District Attorneys Association that DNA testing should be allowed at ANY stage of a case, regardless of procedural deadlines, if it will establish actual guilt or innocence. That being said a killer doing life or in those relatively few cases facing a death sentence has great incentive to "discover" that his cell neighbor just before dying of natural causes privately confessed that he was the true killer of the victim for which the "applicant" has been sentenced. I am currently in year 22 of a capital murder case in which the defendant has been three times sentenced to death and the fourth trial is set for March 2010. He murdered two very good people in the summer of 1987.
Things aren't perfect here either.
Justice is a work in progress in America, as everywhere.
Almost two years ago, I was arrested and I believe the charge was assault causing bodily harm. It was a domestic situation. I was fingerprinted, and stuffed in a jail cell (which I deserved). My question is, my boyfriend and I went to the detective and discussed the situation... and he told us not to worry, that he was not pursuing the case.. that he wasn't even going to give it to the d.a. I never went to court...etc. My question is, can a detective simply decide not to hand a case over to the d.a.? And, if so, does that mean my arrest won't show up on my record? Also, does the FBI have my fingerprints? I'm asking because I'm headed to nursing school and the nursing board does a FBI background check.
ReplyDeleteThanks,
Bran
With the caveat (caution) that I cannot give legal advice and the fact that laws vary considerably from state to state I'll answer first if this happened in Oregon.
ReplyDeleteThe decision to prosecute lies with the prosecutor or grand jury, NOT with the detective or police officer. We usually listen very carefully to the recommendation of the investigating officer but just as we sometimes file cases they'd rather we don't more often we decide that there simply isn't enough evidence. In Oregon if a person is arrested but never convicted of a crime they can apply through ORS 137.225 to have that record of arrest "Set Aside." It's pretty much automatic for an arrest that does not result in conviction and once a judge signs the order "sealing the arrest" the applicant is able to answer "no" when asked by MOST employers "Have you ever been arrested." There are some jobs, usually law enforcement or positions requiring a security clearance that want to know about ANY arrests.
That's Oregon. Different states have different laws so you should first try Googling it. You may be able to do it yourself but you may need a lawyer if you're unsure of the process.
hELLO JOSHUA, i WAS WONDERING IF SAY SOMEONE WOULD GET A SPEEDING TICKET IN ONE COUNTY AND THEN GOES ON SUPERVISION FOR 30 DAYS FOR IT AND THEN 2 WEEKS LATER IN A DIFFERENT COUNTY GETS ANOTHER SPEEDING TICKET WHILE STILL UNDER SUPERVISION ON THE FIRST COUNTY,DOES THE SECOND TICKET,IN THE OTHER COUNTY DISRUPT THE COURT SUPERVISION ON THE FIRST? oR DOES TWO DIFFERENT COUNTIES CHANGE ANYTHING. iF THEY DO PLAY ON EACH OTHER WHAT CAN B DONE TO PREVENT THEM FROM GOING ON RECORD BEFORE COURT DATE!!! P.S. THESE WERE BOTH IN THE SAME STATE! ANY LIGHT YOU COULD SHED ON THIS WOULD B WONDERFUL,THANK YOU VERY MUCH!!
ReplyDeleteIn my state you can't be on "supervision" or probation for "speeding tickets" so it's a hard question to answer.
ReplyDeleteThe best answer is to....tell the truth to the court or they'll eventually find out about it anyway.
When in doubt, ask your lawyer.
Hi Josh
ReplyDeleteDoes it pay to be a white collar criminal in Clatsop County? They Seem to get off when they promise to pay restitution and pay only a few dollars & split for parts unknown. I'll be dead before they are caught again.
Guess Who
No it does not pay to be a white collar criminal in Clatsop County.
ReplyDeleteOregon law is very lenient for first time embezzlers and makes it almost impossible for judges to give prison time the first time we catch someone who embezzles more than $10,000.
Our office has prosecuted dozens of people who stole from churches, small businesses, non-profits, and the elderly. If they don't go to jail they are required to pay most of the restitution up front. In many cases we ask the victims which is more important to them - immediate restitution or jail or prison for punishment and deterrence. We take that into account. A number of white collar thieves have gone straight to prison. My office prosecuted the largest criminal case against a company when Pacific Surimi LLC was convicted of felony theft. Since it was a company they couldn't go to jail, so instead they had to pay financial fines totaling over $800,000. That included restitution to fishermen who were ripped off, $300,000 of a "forced donation" to the Clatsop Community Fund (which we created) administered by the Oregon Community Foundation and over $200,000 for the costs of the investigation. The DA's Office received exactly nothing.
We look at every case on its merits and are most concerned that defendants are treated proportionately to their crime, their background, and the victim.
It is also why I supported Measure 57 which gave judges the power to give actual prison time to repeat property offenders, although Measure 57 will be suspended because of action by the Oregon State Legislature for sentences after Feb. 15, 2010.
I don't "Guess Who" but if you are asking about a pending case - of which there are several - I don't discuss them except in court or when they are concluded.
You're an amazing guy. I've read the blogs and kept up with you for the last couple of years. Disagree at times but glad you are DA in Clatsop County. Good luck on getting the U.S. Attorney slot for Oregon. All the best.
ReplyDeleteRichard Wilde, Portland.
Mr. Marquis,
ReplyDeleteWhatever happened to the Brian Slotte case you commented on in this column about a year ago? Slotte, an Astoria Police Officer, was charged by the Oregon State Police with 10 counts of official misconduct. You sent the case for prosecution to another county almost two years ago. No grand jury ever heard the charges and Slotte has never been to trial. He is free in the community, although not working as a police officer due to some covered up deal he made with Astoria. When you send these cases away to you ever follow up to ensure justice was done? If so, what happened to Slotte.
Hi Mr. Marquis,
ReplyDeleteI am Singaporean living in Australia. I support capital punishment and I need to let you know that America needs to speed up executions. Look at how Singapore does it. One appeal and one clemency is all you need.Look at this real case:
On 30 November 1994, During a routine spot-check at Newton Road, SSSgt Boo requested Zainal Abidin Abdul Malik, 29, to open his car boot for Inspection, and upon doing so, the Zainal withdrew an axe and struck SSSgt Boo in the head with it. Zainal was arrested after a short chase, convicted of murder, and sentenced to death after his appeal was rejected. He was given a posthumous promotion to the rank of SI, and awarded the Medal of Valour. This incident was the last since an officer has been feloniously killed while on official duty.
Singapore Trafficker Hanged For Two Kilos Of Cannabis
From the Singapore Straits Times (http://www.asia1.com.sg/straitstimes/pages/stspore.html), Sept. 2, 1996
Trafficker, murderers hanged
A DRUG trafficker and three convicted murderers were hanged on Friday at Changi Prison.
* Jeerasak Densakul, 24, a Thai farmer, was sentenced to death on Oct 12 last year for trafficking in more than 2 kg of cannabis. His appeal was dismissed on Jan 26 this year.
* Teo Kim Hong, 36, a prostitute, was convicted and hanged for stabbing another prostitute, Ms Ching Bee Ing, 26, to death while she was sleeping on Aug 8 last year. Teo was found guilty on Jan 24. Her appeal was dismissed on March 26.
* Thongbai Naklangdon, 28, killed a fellow Thai worker, Mr Suk Malasri, 23, on June 17 last year. Mr Suk had made threats after he was beaten up by four men. Thongbai, who said he felt threatened, hit and killed Mr Suk with an iron rod. Sentenced to death on Nov 17 last year, his appeal was dismissed on Jan 8 this year.
* Zainal Abidin Abdul Malik, 29, was convicted of murdering a police officer, Station Inspector Boo Tiang Huat, on July 15 last year. SI Boo and another officer were on their rounds in Newton Road when they checked Zainal, who struck SI Boo on the head with an axe. His appeal was dismissed on Jan 8.
Look at how quick we deal with executions?
Zainal Abidin Abdul Malik kills a policeman on 30 November 1994.
Zainal Abidin Abdul Malik was sentenced to death on 15 July 1995.
Zainal Abidin Abdul Malik's appeal was dismissed on 8 January 1996.
Zainal Abidin Abdul Malik's clemency from the Singapore President was denied.
Zainal Abidin Abdul Malik was executed on 2 September 1996.
Americans can be very ethnocentric about the alleged superiority of western morality. Many advanced cultures still believe in capital punishment, not just dictatorships.
ReplyDeleteMr Marquis,
ReplyDeleteThanks, but back to Clatsop County from Singapore, the Slotte question please?
Allegation against former Astoria PD Officer Slotte were referred to another DA's office for consideration. This is done so there is no question that the case is being affected by local prejudice for or against the subject.
ReplyDeleteMy understanding is that the other DA chose not to file criminal charges against Mr. Slotte.
We generally do NOT discuss charges that are not filed except in unusual circumstances such as the claims against the former superintendent of schools in Jewell or the former Port director.
Mr. Marquis,
ReplyDeleteThanks for the information about officer Slotte. I think I got it: charges of official misconduct against a police officer are not as important as a school person stealing or a port person doing what he though best to grow the "business" and upsetting the local news paper editor. Just so you know, I would ask if the documents suggesting 10 criminal misconduct charges against Slotte are public record, but I have discovered from the Oregon State Police they are not, and a request will cause them to do over $500 worth of 'redacting" (removing information from the report) before anyone is allowed to read them. Isn't this the same kind of problem in dealing with charges of official misconduct that the Portland Police Bureau is currently dealing with, except that instead of the Bureau covering thing up, the DA is?
The whole reason for "special prosecution" is to remove the local DAs office from any decision making in that particular case. I don't necessarily agree with the special prosecutor's decision but again that is the whole point - neither I nor my office get to make that decision.
ReplyDeleteOnce the investigation is done generally the investigative reports become public record.
Since my office doesn't have those reports I can't speak to how accesible they are.
We don't "cover things up" and I've more often been criticized for making too much public than the other way around.