draft: comments welcome.
June 30, 2008
To: Douglass Harcleroad, Lane County District Attorney
cc: Robert Lehner, Chief, Eugene Police Department
From: Deborah Frisch
Re: clarification of inconsistencies in Salisbury documents
Thank you very much for allowing me to view the Salisbury file again and more generally, for Angela Pershern’s prompt and professional responses to my public information requests.
In her November 15, 2006 Register Guard article, Rebecca Nolan wrote “Eugene police fatally shot a 19-year-old man who had threatened his parents with a knife during a violent rampage..” This allegation is based on a press release from the Eugene Police Department that alleges that Ryan threatened to harm his parents but is inconsistent with a great deal of other information.
In a November 15, 2006 interview with Carla Castano of KVAL news, Denise Salisbury said "he had a kitchen knife and he threatened if I came near him he would stab himself in the stomach [and] he never threatened us."
http://www.kval.com/news/4660661.html
In his February 10, 2007 Use of Force Review submitted to Chief Lehner, EPD Lieutenant Fellman wrote “The call for assistance originated when a female resident of the house, Denise Salisbury, called 911 and reported that her nineteen year old son, Ryan Salisbury, was armed with a knife and was threatening to kill himself.”
There are at least a dozen other examples where Jeffrey and/or Denise Salisbury stated in a public or are quoted in the press as saying that Ryan never threatened to physically harm anyone but himself.
In an interview of Officer Sharlow, Sergeant Flynn wrote “dispatch advised he [Ryan] was threatening to kill his parents.” So it appears that the EPD press release contained false information about the content of Denise’s 911 call, in order to hide the fact that EPD dispatch falsely communicated to the officers on the scene that Ryan was homicidal, when in fact Denise had said he was suicidal.
In your November 17, 2006 statement, you wrote “Ryan’s parents are positive that he was not a threat to anybody but himself, and they may well be right. However, officers are trained to use all the information they have and to make assessments and decisions based upon the totality of the circumstances they face. In this instance many facts underscored the potential threat to the safety of the occupants of the Salisbury residence, the police officers and others.”
There were no other people around. Ryan had voluntarily left the house where his parents, brothers and Robert Workman were barricaded in a bedroom. (Robert Workman is the son of Denise Salisbury’s sister, a woman with such severe mental health problems that she was unable to care for her child.)
Your statement that Ryan was a threat to the occupants of the house or other civilians is 100% false. Your statement that a man armed with a knife, 20-25 feet away from armed EPD officers posed a threat to them is extremely dubious.
More importantly, you fail to note that the source of the EPD officers’ false belief that Ryan posed a threat to others was EPD dispatch. You fail to note that EPD released a press release with false information in an attempt to hide this fact. Is it legal for 911 dispatch to provide false information to EPD officers who are dispatched to an alleged crime scene? Is it legal for EPD to release a press release with demonstrably false information? The allegation in the press release that Denise alleged Ryan had threatened to harm Jeffrey and/or Denise is easily verified or disconfirmed by listening to the 911 tape.
I have not listened to the 911 tape but based on what I’ve read, I’m 95% sure that the source of the false allegation about Ryan’s intentional state that contributed to his death was 911 dispatch, not Denise Salisbury. I didn’t realize this until I re-read the file last week – up to then, I was 95% sure that the source of the disinformation was Denise. Can you clarify whether it was Denise or dispatch that was the source of the fatal disinformation? If the source of the false information was EPD dispatch, that means the EPD press release contained knowingly false information. That sounds like first degree official misconduct. Who takes responsibility for the EPD press release? ORS 162.415 states “The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office.” “A public information officer who releases known to be false information to the press in order to cover up malfeasance by a member of the agency which the PIO represents” would seem to fit the bill. Why haven’t you charged the EPD PIO who provided this false information to the press with official misconduct in this case?
Monday, June 30, 2008
jim "glass is half full" kunstler
The eternal optimist in Saratoga Springs, NY writes:
What's happening is that American society is sliding into a greater depression than the one Grandma lived through. On the technical side, there has been unending controversy as to whether we're gripped by inflation or deflation. It's certainly deceptive. Food and gasoline prices are rising faster than the rivers of Iowa. But the prices of assets, like houses, stocks, jet-skis, GMC Yukons and pre-owned Hummel figurines are cratering as America turns into Yard Sale Nation.
The banks have been doing their death dance for an entire year now, pretending that their problems are those of mere "liquidity" (i.e. cash-on-hand) rather than insolvency (no cash either on hand or in the vault and nothing else to sell to raise cash except worthless "creative" securities that nobody would ever buy).
Complicating matters is a global oil predicament that is really not hard to understand, but which the organs of news and opinion have obdurately failed to explicate for an anxious public. Call it Peak Oil. There are only a few elements of it you need to know. 1.) that demand has now permanently outstripped supply; 2.) that new discoveries are too meager to offset consumption; 3.) That under under the circumstances, the systems we rely on for daily life are crumbling. I've called this situation The Long Emergency.
Our chances of mitigating this, and of continuing our current way-of-life is about zero. I've tried to promote the idea that rather than waste remaining resources in the futile attempt to sustain the unsustainable (i.e. come up with "solutions" to keep suburbia running), that we should begin immediately making other arrangements for daily life -- mainly by downscaling and re-scaling everything from farming to commerce to the way we inhabit the landscape -- but my suggestions have proven unpopular even among the "environmental" elites, who are too busy being entranced by new-and-groovy ways to keep all the cars running.
I would venture to say that so far our society as a whole has done a piss-poor job of comprehending the situation. But there is still the possibility, with four months of politicking left, that the nature of our predicament can be articulated in a way that few can fail to understand, the way Mr, Lincoln articulated the terms of the Civil War on the eve of its fateful outbreak.
What's happening is that American society is sliding into a greater depression than the one Grandma lived through. On the technical side, there has been unending controversy as to whether we're gripped by inflation or deflation. It's certainly deceptive. Food and gasoline prices are rising faster than the rivers of Iowa. But the prices of assets, like houses, stocks, jet-skis, GMC Yukons and pre-owned Hummel figurines are cratering as America turns into Yard Sale Nation.
The banks have been doing their death dance for an entire year now, pretending that their problems are those of mere "liquidity" (i.e. cash-on-hand) rather than insolvency (no cash either on hand or in the vault and nothing else to sell to raise cash except worthless "creative" securities that nobody would ever buy).
Complicating matters is a global oil predicament that is really not hard to understand, but which the organs of news and opinion have obdurately failed to explicate for an anxious public. Call it Peak Oil. There are only a few elements of it you need to know. 1.) that demand has now permanently outstripped supply; 2.) that new discoveries are too meager to offset consumption; 3.) That under under the circumstances, the systems we rely on for daily life are crumbling. I've called this situation The Long Emergency.
Our chances of mitigating this, and of continuing our current way-of-life is about zero. I've tried to promote the idea that rather than waste remaining resources in the futile attempt to sustain the unsustainable (i.e. come up with "solutions" to keep suburbia running), that we should begin immediately making other arrangements for daily life -- mainly by downscaling and re-scaling everything from farming to commerce to the way we inhabit the landscape -- but my suggestions have proven unpopular even among the "environmental" elites, who are too busy being entranced by new-and-groovy ways to keep all the cars running.
I would venture to say that so far our society as a whole has done a piss-poor job of comprehending the situation. But there is still the possibility, with four months of politicking left, that the nature of our predicament can be articulated in a way that few can fail to understand, the way Mr, Lincoln articulated the terms of the Civil War on the eve of its fateful outbreak.
Saturday, June 28, 2008
mc cops
Melinda Kletzok, Public Information Officer for the Eugene Police Department announced a newly formed Eugene Police Department diversity committee. Lieutenant McDermed, Sergeant McKee, Detective McDonald and Officer McBride will meet in the aptly named McNutt Room.
Friday, June 27, 2008
sherlock/oliver wendall holmes
June 27, 2008
To: F. Douglass Harcleroad, Lane County District Attorney
cc: Robert M. Lehner, Chief, Eugene Police Department
Jason Carlile, Linn County District Attorney
From: Deborah Frisch, Ph.D.
Re: Kent Mortimore’s 6.19.08 memo & Scott McKee’s 9.25.07 request
Dear District Attorney Harcleroad,
Thank you very much for providing a copy of the report by former DDA Mortimore that I requested that was referenced in a March 1, 2002 supplemental report filed by EPD Detective Mercy McDonald regarding EPD case 01-23878 that I found in Federal case 01-01021-TC (Dunn vs. City of Eugene). The letter Ms. Pershern provided for me was dated June 19, 2008. Therefore, unless Detective McDonald is psychic or capable of time travel, the letter you provided is a either a transcription of the original or a forgery. If the former is true, I request a copy of the original.
Also, Linn County DA Carlile sent me a copy of the EPD – IA07 048 (9.21.07 & 11.14.07) and 051 (9.25.07) investigations by Sergeant McKee of Officer McBride. The 048 incident is the basis for a lawsuit filed in Federal court last week (Smith vs. McBride: 08-cv-06176-HO). On page 6 of the 051 report, McKee wrote “The internal complaint in this case alleges Officer Jimmie McBride used excessive force in using his fist to strike Daniel Gray in the mouth at a time when Daniel Gray was handcuffed and seated in the backseat of a police car, while under arrest for a warrant. Subsequent investigation revealed prima facia evidence of assault and the case will be submitted to the Lane County District Attorney for review.”
I would like to request a copy of the Lane County investigation requested by Sergeant McKee on 9.25.07 of McBride’s apparent assault of Gray on 8.24.07. I am also puzzled why Linn County DDA Novotny did not request this document or refer to Officer McBride’s apparent assault on Mr. Gray in her 77- word report.
“I was assigned as the special prosecutor regarding the incident involving Eugene Police Officer Jimmie McBride and citizen Roy Levi Smith. The investigation is complete. My review of the evidence is also complete. I reviewed police reports, report by internal affairs, recorded interviews, medical records, photographs and diagrams. I decline to file any charges against Officer McBride as I do not believe his conduct was criminal. Thank you for the opportunity to assist you in this matter.”
Was special prosecutor Novotny assigned the task of evaluating the criminality of McBride’s behavior in both incidents (048 and 051)? If so, why is there no mention of 051? If not, where is the evaluation of the criminality of Officer McBride’s behavior on August 24, 2007 that was requested by EPD Sergeant McKee on September 25, 2007?
Thanks,
Deborah Frisch, Ph.D
To: F. Douglass Harcleroad, Lane County District Attorney
cc: Robert M. Lehner, Chief, Eugene Police Department
Jason Carlile, Linn County District Attorney
From: Deborah Frisch, Ph.D.
Re: Kent Mortimore’s 6.19.08 memo & Scott McKee’s 9.25.07 request
Dear District Attorney Harcleroad,
Thank you very much for providing a copy of the report by former DDA Mortimore that I requested that was referenced in a March 1, 2002 supplemental report filed by EPD Detective Mercy McDonald regarding EPD case 01-23878 that I found in Federal case 01-01021-TC (Dunn vs. City of Eugene). The letter Ms. Pershern provided for me was dated June 19, 2008. Therefore, unless Detective McDonald is psychic or capable of time travel, the letter you provided is a either a transcription of the original or a forgery. If the former is true, I request a copy of the original.
Also, Linn County DA Carlile sent me a copy of the EPD – IA07 048 (9.21.07 & 11.14.07) and 051 (9.25.07) investigations by Sergeant McKee of Officer McBride. The 048 incident is the basis for a lawsuit filed in Federal court last week (Smith vs. McBride: 08-cv-06176-HO). On page 6 of the 051 report, McKee wrote “The internal complaint in this case alleges Officer Jimmie McBride used excessive force in using his fist to strike Daniel Gray in the mouth at a time when Daniel Gray was handcuffed and seated in the backseat of a police car, while under arrest for a warrant. Subsequent investigation revealed prima facia evidence of assault and the case will be submitted to the Lane County District Attorney for review.”
I would like to request a copy of the Lane County investigation requested by Sergeant McKee on 9.25.07 of McBride’s apparent assault of Gray on 8.24.07. I am also puzzled why Linn County DDA Novotny did not request this document or refer to Officer McBride’s apparent assault on Mr. Gray in her 77- word report.
“I was assigned as the special prosecutor regarding the incident involving Eugene Police Officer Jimmie McBride and citizen Roy Levi Smith. The investigation is complete. My review of the evidence is also complete. I reviewed police reports, report by internal affairs, recorded interviews, medical records, photographs and diagrams. I decline to file any charges against Officer McBride as I do not believe his conduct was criminal. Thank you for the opportunity to assist you in this matter.”
Was special prosecutor Novotny assigned the task of evaluating the criminality of McBride’s behavior in both incidents (048 and 051)? If so, why is there no mention of 051? If not, where is the evaluation of the criminality of Officer McBride’s behavior on August 24, 2007 that was requested by EPD Sergeant McKee on September 25, 2007?
Thanks,
Deborah Frisch, Ph.D
nathan tublitz; professor of biology, assault and battery
March 17, 2008 University biology professor Nathan Tublitz, whom officers from the Lane County Sheriff's Office arrested Friday, was released from jail less than 24 hours after being taken into custody following domestic violence charges, authorities said.
Lt. Byron Trapp at the sheriff's office said Tublitz was released at 2:14 p.m. Saturday. A Lane County dispatcher said Sunday that Tublitz was scheduled to be arraigned Monday. Although he was not listed on Monday's docket for out-of-custody arraignments at the Lane County Circuit Courts, he may have been added to the docket at the last minute.
Trapp said Tublitz was arrested on charges of assault in the fourth degree in accordance with laws in the Abuse Prevention Act. According to Trapp, Tublitz's wife called the police from their residence and reported that she had "received some minor injury and complained of pain to her hands." Under the APA, police are required to arrest anyone who causes injury to another person or causes substantial pain.
"It looks like it was a domestic violence arrest," Trapp said.
Fourth degree assault is a misdemeanor. If Tublitz is taken into custody again, he could face up to a year in jail.
Lt. Byron Trapp at the sheriff's office said Tublitz was released at 2:14 p.m. Saturday. A Lane County dispatcher said Sunday that Tublitz was scheduled to be arraigned Monday. Although he was not listed on Monday's docket for out-of-custody arraignments at the Lane County Circuit Courts, he may have been added to the docket at the last minute.
Trapp said Tublitz was arrested on charges of assault in the fourth degree in accordance with laws in the Abuse Prevention Act. According to Trapp, Tublitz's wife called the police from their residence and reported that she had "received some minor injury and complained of pain to her hands." Under the APA, police are required to arrest anyone who causes injury to another person or causes substantial pain.
"It looks like it was a domestic violence arrest," Trapp said.
Fourth degree assault is a misdemeanor. If Tublitz is taken into custody again, he could face up to a year in jail.
Thursday, June 26, 2008
ruiz & zelenka
University officials say they will seek a ruling from the state Land Use Board of Appeals overturning the local hearings official who said the conditional use permit is required. Getting the conditional permit adds an extra step that could delay the start of arena construction and probably require the UO to take additional measures to alleviate any neighborhood problems the arena might cause.
But UO spokesman Phil Weiler said the university isn’t trying to dodge the conditional use process for the arena. He said the UO remains committed to working out an agreement with the Fairmount Neighbors Association that will allow the permit to be issued in time to keep construction on schedule.
He said the reason for the appeal is to try to avoid a precedent that could hurt the university’s ability to develop two nearby parcels.Those are the former Romania car dealership between Orchard and Villard streets and the former state Department of Transportation property across Orchard Street from the Romania lot.
Weiler said the university had been working with the neighborhood group before the hearings officer ruling, which came after neighbors appealed a city decision that said no conditional use permit was needed. Since then, Eugene City Manager Jon Ruiz and city Councilor Alan Zelenka have stepped in to help the two sides reach a mutually acceptable plan for the arena.
But UO spokesman Phil Weiler said the university isn’t trying to dodge the conditional use process for the arena. He said the UO remains committed to working out an agreement with the Fairmount Neighbors Association that will allow the permit to be issued in time to keep construction on schedule.
He said the reason for the appeal is to try to avoid a precedent that could hurt the university’s ability to develop two nearby parcels.Those are the former Romania car dealership between Orchard and Villard streets and the former state Department of Transportation property across Orchard Street from the Romania lot.
Weiler said the university had been working with the neighborhood group before the hearings officer ruling, which came after neighbors appealed a city decision that said no conditional use permit was needed. Since then, Eugene City Manager Jon Ruiz and city Councilor Alan Zelenka have stepped in to help the two sides reach a mutually acceptable plan for the arena.
Wednesday, June 25, 2008
aptly named mcnutt room
I arrived at the aptly named McNutt Room at 12:25, because the agenda said the first order of business for kitty and the eight pussies was feral felines followed by a revision of the criteria used to evaluate the performance of the police auditor, who, like the city manager, reports directly to the city council. But the gang of nine and the dynamic duo (City Manager Ruiz & Assistant Manager Jones) had quickly dispatched the boring business of catching, degonading and re-releasing (?) of homeless orphans and were on to the enormously satisfying task of revisiting the vexing issue of the evaluation of the quality of the performance of the newly hired (October 1?, 2006) Police Auditor and more generally, of the newly created Civilian Oversight System which consists of the Police Auditor (selected and supervised by the eight member city council) and the 5-member Civilian Review Board (selected by the city council). The COS (=PA+CRB) was conceived on July 25, 2005 when the Eugene City Council voted to "move forward" with a proposal from the Eugene Police Commission (a twelve-member committee chosen by the council) and was born on November 8, 2005 when voters approved the city council's proposed charter amendment.
watson's a *rick
Peter Tatchell at spiked writes:
A few years ago, Dr James Watson, the Nobel Prize winner who co-discovered DNA [with Francis Crick], reopened the controversy over the so-called gay gene when he defended a woman’s right to abortion. He was quoted in the Sunday Telegraph as saying: ‘If you could find the gene which determines sexuality, and a woman decides she doesn’t want a homosexual child, well, let her [abort the foetus].’
If only they could find the gene that makes someone an evangelical
christian!
A few years ago, Dr James Watson, the Nobel Prize winner who co-discovered DNA [with Francis Crick], reopened the controversy over the so-called gay gene when he defended a woman’s right to abortion. He was quoted in the Sunday Telegraph as saying: ‘If you could find the gene which determines sexuality, and a woman decides she doesn’t want a homosexual child, well, let her [abort the foetus].’
If only they could find the gene that makes someone an evangelical
christian!
Tuesday, June 24, 2008
magana is today
June 18, 2008 Bill Bishop Eugene Register Guard
A Eugene man who suffered a broken pelvis, and rib, neck and back injuries when a Eugene police officer took him to the ground last year is suing the officer and the city for an unspecified sum for civil rights violations, negligence, false arrest and malicious prosecution. Roy Levi Smith, 53, previously filed complaints against the department over the Sept. 15, 2007, incident. It was the second time the civilian board ruled that McBride had used excessive force. In the first incident in August 2007, the department’s own investigation reached the same conclusion. Smith said Tuesday that he filed the federal lawsuit to keep public attention focused on Eugene police abuse of law-abiding citizens that came to light with the case of Roger Eugene Magana more than five years ago.
Eugene Register Guard, editorial, July 14, 2004
Predators leave large bill: Eugene’s liability may exceed insurance
Roger Magana was sentenced to 94 years in prison for crimes he committed as a Eugene police officer, crimes that included first-degree rape and kidnapping. And the people of Eugene are victims. Magana's and Lara's betrayals will sap the Eugene Police Department's morale and credibility in ways that cannot contribute to effective policing. In this way, Magana and Lara made Eugene less safe. The people of Eugene may pay for these cases financially as well. Civil lawsuits against the city of Eugene by Magana's and Lara's victims might exhaust the city's insurance, requiring the city to cut programs or raise taxes to pay claims.
It's far too early to gauge the extent of the city's potential liability, but the upper limit of the range of possibilities is high. Magana and Lara were convicted of crimes against 23 women and one man, creating a large pool of potential plaintiffs. Victims could sue the city in federal court, where state limits on municipal liability do not apply. Eugene's insurance policy provides protection for claims in a single year of up to $5 million, but the claims could exceed that amount and the insurer might argue that it's not obliged to pay claims arising from criminal conduct.
March 6, 2006 Federal Judge Thomas Coffin’s Order and Opinion re: city of eugene’s motion (filed by City of Eugene attorney, Jeffrey Matthews of Harrang, etc.) for summary judgment re: 04-01021-TC
p. 22: there is sufficient evidence for a jury to conclude that the [former EPD] Chief [Thad Buchanan]’s response, or lack thereof, was deliberately indifferent to the constitutional rights of the women assaulted by Magana and Lara. “’[D]eliberate indifference is a stringent standard of fault, requiring proof that a municipal [policymaker] disregarded a known or obvious consequence of his actions.” Board of Commissioners of Bryan County, OK v. Brown, 520 U.S. 397, 410(1997).
June 7, 2006 Bill Bishop Register Guard
http://www.thefreelibrary.com/Police+misconduct+suits+settled.(Government)(Eugene+gives+between...-a0146922806
City officials on Tuesday announced the six final settlements in 14 lawsuits stemming from sexual crimes and misconduct by former Eugene police officers Roger Magana and Juan Lara, a scandal that cost taxpayers $5 million, eroded public trust in police, and spurred civic leaders to begin a thorough overhaul of internal police practices.
The $5 million total cost includes $3.7 million paid to the 14 victims, which also covers their attorneys' fees. The city's legal cost totaled $1.33 million. City administrators planned for the expected pay out. The city's risk fund covered $4.5 million, with the remaining $500,000 covered by insurance, Assistant City Manager Jim Carlson said.
March 20, 2007
Rod Brown, former chief of police in McMinnville and CEO and sole employee of Public Safety Liability Management, Inc. completed $25,000 report on “Magana requested by EPD Chief Lehner and former Eugene City Manager Dennis Taylor.
March 26, 2007
http://rgweb.registerguard.com/news/2007/03/26/ed.col.lehner.0326.p1.php?section=opinion
The city was fortunate to contract with PSLM and Rod Brown, a highly respected Oregon law enforcement consultant. In 2005, Brown headed up a special committee to review a similar case involving the Oregon Youth Authority. Our conclusion that Magaña and Lara each acted alone and without the direct knowledge of others was confirmed by the review, as was our conclusion that no other persons were so culpable that additional investigations or personnel actions are warranted.
Eugene Police Chief Lehner chose to side with Rod Brown, a retired McMinnville cop over the Federal judge/University of Oregon law professor Thomas Coffin. This is just one of a dozen examples of how Chief Lehner, like former Chief Buchanan is deliberately indifferent to the constitutional rights of the Eugene residents who have the misfortune of coming in contact with EPD.
A Eugene man who suffered a broken pelvis, and rib, neck and back injuries when a Eugene police officer took him to the ground last year is suing the officer and the city for an unspecified sum for civil rights violations, negligence, false arrest and malicious prosecution. Roy Levi Smith, 53, previously filed complaints against the department over the Sept. 15, 2007, incident. It was the second time the civilian board ruled that McBride had used excessive force. In the first incident in August 2007, the department’s own investigation reached the same conclusion. Smith said Tuesday that he filed the federal lawsuit to keep public attention focused on Eugene police abuse of law-abiding citizens that came to light with the case of Roger Eugene Magana more than five years ago.
Eugene Register Guard, editorial, July 14, 2004
Predators leave large bill: Eugene’s liability may exceed insurance
Roger Magana was sentenced to 94 years in prison for crimes he committed as a Eugene police officer, crimes that included first-degree rape and kidnapping. And the people of Eugene are victims. Magana's and Lara's betrayals will sap the Eugene Police Department's morale and credibility in ways that cannot contribute to effective policing. In this way, Magana and Lara made Eugene less safe. The people of Eugene may pay for these cases financially as well. Civil lawsuits against the city of Eugene by Magana's and Lara's victims might exhaust the city's insurance, requiring the city to cut programs or raise taxes to pay claims.
It's far too early to gauge the extent of the city's potential liability, but the upper limit of the range of possibilities is high. Magana and Lara were convicted of crimes against 23 women and one man, creating a large pool of potential plaintiffs. Victims could sue the city in federal court, where state limits on municipal liability do not apply. Eugene's insurance policy provides protection for claims in a single year of up to $5 million, but the claims could exceed that amount and the insurer might argue that it's not obliged to pay claims arising from criminal conduct.
March 6, 2006 Federal Judge Thomas Coffin’s Order and Opinion re: city of eugene’s motion (filed by City of Eugene attorney, Jeffrey Matthews of Harrang, etc.) for summary judgment re: 04-01021-TC
p. 22: there is sufficient evidence for a jury to conclude that the [former EPD] Chief [Thad Buchanan]’s response, or lack thereof, was deliberately indifferent to the constitutional rights of the women assaulted by Magana and Lara. “’[D]eliberate indifference is a stringent standard of fault, requiring proof that a municipal [policymaker] disregarded a known or obvious consequence of his actions.” Board of Commissioners of Bryan County, OK v. Brown, 520 U.S. 397, 410(1997).
June 7, 2006 Bill Bishop Register Guard
http://www.thefreelibrary.com/Police+misconduct+suits+settled.(Government)(Eugene+gives+between...-a0146922806
City officials on Tuesday announced the six final settlements in 14 lawsuits stemming from sexual crimes and misconduct by former Eugene police officers Roger Magana and Juan Lara, a scandal that cost taxpayers $5 million, eroded public trust in police, and spurred civic leaders to begin a thorough overhaul of internal police practices.
The $5 million total cost includes $3.7 million paid to the 14 victims, which also covers their attorneys' fees. The city's legal cost totaled $1.33 million. City administrators planned for the expected pay out. The city's risk fund covered $4.5 million, with the remaining $500,000 covered by insurance, Assistant City Manager Jim Carlson said.
March 20, 2007
Rod Brown, former chief of police in McMinnville and CEO and sole employee of Public Safety Liability Management, Inc. completed $25,000 report on “Magana requested by EPD Chief Lehner and former Eugene City Manager Dennis Taylor.
March 26, 2007
http://rgweb.registerguard.com/news/2007/03/26/ed.col.lehner.0326.p1.php?section=opinion
The city was fortunate to contract with PSLM and Rod Brown, a highly respected Oregon law enforcement consultant. In 2005, Brown headed up a special committee to review a similar case involving the Oregon Youth Authority. Our conclusion that Magaña and Lara each acted alone and without the direct knowledge of others was confirmed by the review, as was our conclusion that no other persons were so culpable that additional investigations or personnel actions are warranted.
Eugene Police Chief Lehner chose to side with Rod Brown, a retired McMinnville cop over the Federal judge/University of Oregon law professor Thomas Coffin. This is just one of a dozen examples of how Chief Lehner, like former Chief Buchanan is deliberately indifferent to the constitutional rights of the Eugene residents who have the misfortune of coming in contact with EPD.
Monday, June 23, 2008
dear hormann@doj.or
June 23, 2008
To: Dale Hormann, Senior Assistant Attorney General, Oregon DOJ
From: Deborah Frisch
Re: sale of ODOT property to UO Foundation
Dear Mr. Hormann,
Thank you very much for your June 18, 2008 email. I have a few questions about how the documents provided by you and by Mr. Harwood on June 17, 2008 conform to OAR 734.035 specifying the procedure that ODOT must use in order to comply with ORS 270.100.
You sent me a form letter dated August 7, 2006 that was sent by Fred Lord in the Department of Administrative Services to the City of Eugene, Lane County, Lane Community College and six other political subdivisions alerting them to the sale of the ODOT property and giving a September 7, 2006 deadline for submission of a “notification of interest.” You sent me a letter dated September 5, 2006 signed by Francis Dyke, Vice President for Finance and Administration expressing the University of Oregon’s desire to purchase the ODOT property.
1. Section 8 of 734.035 requires an appraisal prior to the sale of ODOT property. I did not see an appraisal in the documents you or Joe Harwood sent. Please send me either:
a. the appraisal
or
b. the letter explaining the Section 11-based justification for the appraisal’s non-existence
2. Section 10 states that political subdivisions shall be afforded the first opportunity, after other state agencies. The University of Oregon is a state agency. Given that the University of Oregon, a state agency was interested, why was the ODOT property even offered to the nine political subdivisions on August 7, 2006?
3. I do not have a copy of the letter from DAS informing the UO of the availability of the property. Can you provide this or let me know how and when the UO learned of its availability?
4. Section 13 gives ODOT the right to sell the property at a private negotiated sale if no satisfactory bid is received within one year. The UO did not present its bid until April 16, 2008, a year and a half after the September 7, 2006 deadline. Why didn’t ODOT take action on September 7, 2007 since no bid was received?
5. The bid requires payment within 60 days. I do not see the section of the code that says “If a party sends a letter of interest in ODOT property to DAS, the party has the right to postpone indefinitely the act of making a formal bid.” Could you show me that?
6. I cannot read the name of the purchaser who signed the bid on 4.15.08. Can you tell me the name?
7. On September 5, 2006 Francis Dyke at the University of Oregon wrote to DAS expressing interest in purchasing the property. On April 15, 2008 Molly Wildman at the University of Oregon Foundation submitted a bid. The University of Oregon and the University of Oregon Foundation are legally distinct entities. I do not see where it says “state agency, or a legally distinct corporation of the state agency’s choosing.” Can you show me that?
8. Randy Pape is an emeritus on the Board of Trustees of the UO Foundation. He was on the ODOT Board of Commissioners in 2006. Do you see any conflict of interests in this, especially given question 7?
9. I’ve attached a May 6, 2008 memo from your colleague Virginia Gustafson to Eugene Hearings Official Anne Corcoran Briggs regarding the dispute between the City of Eugene and the Fairmont Neighborhood Association about whether the UO’s proposed arena requires a conditional use permit. (Ms. Briggs ruled against Eugene Planning Director Gardner who ruled in a March 14, 2008 statement that the UO did not require a CUP.) Does Ms. Gustafson represent the University of Oregon in the same way that you represent ODOT? If not, why did she write a letter on DOJ stationery regarding this matter?
To: Dale Hormann, Senior Assistant Attorney General, Oregon DOJ
From: Deborah Frisch
Re: sale of ODOT property to UO Foundation
Dear Mr. Hormann,
Thank you very much for your June 18, 2008 email. I have a few questions about how the documents provided by you and by Mr. Harwood on June 17, 2008 conform to OAR 734.035 specifying the procedure that ODOT must use in order to comply with ORS 270.100.
You sent me a form letter dated August 7, 2006 that was sent by Fred Lord in the Department of Administrative Services to the City of Eugene, Lane County, Lane Community College and six other political subdivisions alerting them to the sale of the ODOT property and giving a September 7, 2006 deadline for submission of a “notification of interest.” You sent me a letter dated September 5, 2006 signed by Francis Dyke, Vice President for Finance and Administration expressing the University of Oregon’s desire to purchase the ODOT property.
1. Section 8 of 734.035 requires an appraisal prior to the sale of ODOT property. I did not see an appraisal in the documents you or Joe Harwood sent. Please send me either:
a. the appraisal
or
b. the letter explaining the Section 11-based justification for the appraisal’s non-existence
2. Section 10 states that political subdivisions shall be afforded the first opportunity, after other state agencies. The University of Oregon is a state agency. Given that the University of Oregon, a state agency was interested, why was the ODOT property even offered to the nine political subdivisions on August 7, 2006?
3. I do not have a copy of the letter from DAS informing the UO of the availability of the property. Can you provide this or let me know how and when the UO learned of its availability?
4. Section 13 gives ODOT the right to sell the property at a private negotiated sale if no satisfactory bid is received within one year. The UO did not present its bid until April 16, 2008, a year and a half after the September 7, 2006 deadline. Why didn’t ODOT take action on September 7, 2007 since no bid was received?
5. The bid requires payment within 60 days. I do not see the section of the code that says “If a party sends a letter of interest in ODOT property to DAS, the party has the right to postpone indefinitely the act of making a formal bid.” Could you show me that?
6. I cannot read the name of the purchaser who signed the bid on 4.15.08. Can you tell me the name?
7. On September 5, 2006 Francis Dyke at the University of Oregon wrote to DAS expressing interest in purchasing the property. On April 15, 2008 Molly Wildman at the University of Oregon Foundation submitted a bid. The University of Oregon and the University of Oregon Foundation are legally distinct entities. I do not see where it says “state agency, or a legally distinct corporation of the state agency’s choosing.” Can you show me that?
8. Randy Pape is an emeritus on the Board of Trustees of the UO Foundation. He was on the ODOT Board of Commissioners in 2006. Do you see any conflict of interests in this, especially given question 7?
9. I’ve attached a May 6, 2008 memo from your colleague Virginia Gustafson to Eugene Hearings Official Anne Corcoran Briggs regarding the dispute between the City of Eugene and the Fairmont Neighborhood Association about whether the UO’s proposed arena requires a conditional use permit. (Ms. Briggs ruled against Eugene Planning Director Gardner who ruled in a March 14, 2008 statement that the UO did not require a CUP.) Does Ms. Gustafson represent the University of Oregon in the same way that you represent ODOT? If not, why did she write a letter on DOJ stationery regarding this matter?
peak safety matches
andrew leonard, clever cracker at salon.com
Workers at hundreds of small match factories are on strike in Gudiyattam, a small city in the south Indian state of Tamil Nadu, protesting sharp rises in the price of raw materials such as sulfur, wax, cardboard and phosphorus. Hundreds of other match factories in the region have already closed.
I discovered this tidbit after following up on the news that match supplies in India were running low, an assertion made in the latest scary story on the perilous state of the planet's phosphorus supplies. It is not overstating the case to say that the future ability of the human race to feed itself depends on a sufficient supply of phosphorus. But phosphorus cannot be produced synthetically, and the world's hunger for the crucial fertilizer ingredient is growing apace. (Thanks to Naked Capitalism for the link to the TimesOnline story.)
Workers at hundreds of small match factories are on strike in Gudiyattam, a small city in the south Indian state of Tamil Nadu, protesting sharp rises in the price of raw materials such as sulfur, wax, cardboard and phosphorus. Hundreds of other match factories in the region have already closed.
I discovered this tidbit after following up on the news that match supplies in India were running low, an assertion made in the latest scary story on the perilous state of the planet's phosphorus supplies. It is not overstating the case to say that the future ability of the human race to feed itself depends on a sufficient supply of phosphorus. But phosphorus cannot be produced synthetically, and the world's hunger for the crucial fertilizer ingredient is growing apace. (Thanks to Naked Capitalism for the link to the TimesOnline story.)
harcleroad & roundupgate
Jack* Mor*on, 6.21.08 inbredgister guard: Lane County District Attorney Doug Harcleroad’s interest in a case involving the stun-gun arrest of a University of Oregon student means a Eugene police review of officers’ actions during the incident will wait.
Harcleroad expects county prosecutors will take one to two weeks to decide whether student Ian Van Ornum or anyone else involved in the May 30 incident near the corner of Broadway and Willamette Street should face criminal charges in Lane County Circuit Court.
Once the criminal investigation is complete, Eugene police will conduct their own inquiry. Complaints that police used excessive force while arresting Van Ornum prompted the city probe.
Harcleroad expects county prosecutors will take one to two weeks to decide whether student Ian Van Ornum or anyone else involved in the May 30 incident near the corner of Broadway and Willamette Street should face criminal charges in Lane County Circuit Court.
Once the criminal investigation is complete, Eugene police will conduct their own inquiry. Complaints that police used excessive force while arresting Van Ornum prompted the city probe.
best of carlin
Why do they lock gas station bathrooms? Are they afraid someone will clean them?
1. Think of how stupid the average person is, and realize half of them are stupider than that.
13. If a pig loses its voice, is it disgruntled?
15. “I am” is reportedly the shortest sentence in the English language. Could it be that “I do” is the longest sentence?
27. If Helen Keller had psychic ability, would you say she had a fourth sense?
32. Once you leave the womb, conservatives don’t care about you until you reach military age. Then you’re just what they’re looking for. Conservatives want live babies so they can raise them to be dead soldiers.
35. Atheism is a non-prophet organization.
1. Think of how stupid the average person is, and realize half of them are stupider than that.
13. If a pig loses its voice, is it disgruntled?
15. “I am” is reportedly the shortest sentence in the English language. Could it be that “I do” is the longest sentence?
27. If Helen Keller had psychic ability, would you say she had a fourth sense?
32. Once you leave the womb, conservatives don’t care about you until you reach military age. Then you’re just what they’re looking for. Conservatives want live babies so they can raise them to be dead soldiers.
35. Atheism is a non-prophet organization.
Sunday, June 22, 2008
vice squad
Case 04-01021-TC (Dunn vs. City of Eugene)
Plaintiff’s response to motion for summary judgment (Michelle Burrows)
p. 50: Sergeant Kris Martes engage in a sexual relationship with Officer Jeff Glemser, a sexual relationship with Sergeant Ron Swanson who was married at the time; a sexual relationship with Sgt. Derel Schulz, who was married at the time, a relationship with Sgt. Jay Shadwick, and an EPD male cadet who was only 18 at the time and was under her supervision as a cadet leader. It appears that Sgt. Martes was not disciplined for any of these encounters.
Sgt. Schulz, while married, engaged in a sexual relationship with Martes. He also engaged in a relationship with a female of the Coburg Police Department. Apparently, the female cadet broke it off but Schulz started “stalking her” and she obtained a stalking complaint. The department “covered it up and made the complaint go away.”
-----
I've heard of the vice squad, but this is ridiculous!
Friday, June 20, 2008
3.6.06 (Coffin) vs. 3.20.07 (Brown)
Seattle Post Intelligencer (6.18.08)
MCMINNVILLE, Ore. -- Two boys who made national news when they were arrested at their middle school for swatting girls' behinds are now suing Yamhill County because they were subjected to strip and body-cavity searches while in custody. Cory Mashburn and Ryan Cornelison, both of McMinnville, are two of six plaintiffs in the federal class action case. The suit contends that juveniles held for minor crimes and nonviolent offenses were subjected to unnecessary searches.
Strip searches in Yamhill County also caused controversy back in 1998, when 34 girls at a middle school were forced to shake out their bras and drop their underwear after a student reported items missing from her locker. The city and school district eventually paid $125,000 to settle legal claims by five girls.
Portland Oregonian (3.28.98) Dana Tims and Inara Verzemnieks
Yamhill County District Attorney Brad Berry said Friday that no laws were broken in the Jan. 29 strip search of girls at Duniway Middle School, although mistakes in judgment were made. Forty-five girls between the ages of 12 and 14 were detained after thefts were reported in a third-period gym class. All but seven of the girls were strip-searched by women police employees. A school district official halted the process an hour after it began.
"I don't feel there was sufficient probable cause to search these girls," Berry said. His decision not to press charges was based on his review of a 1,000-page report the Oregon State Police compiled on the Duniway incident at the McMinnville Police Department's request. Sixty people were interviewed in the state police investigation, which lasted one month. "Mistakes have been made," Berry said. "Now we need to learn from those mistakes and move on."
The two adults who oversaw the search have already faced some consequences for their roles. McMinnville Police Officer Kent Stuart, who was the school resource officer, was transferred to patrol, and Pat Jenkins, Duniway vice principal, resigned. But the city and the school district still face civil repercussions as a result of the search: 11 people have filed notices of their intent to sue.
Portland Oregonian (5.15.98)
McMINNVILLE, Ore. (AP) - The police officer who oversaw the strip search of girls at Duniway Middle School has received a 30-day suspension without pay. [McMinnville] Police Chief Rod Brown divulged details of the department's disciplinary actions Thursday only after the employees involved agreed to the release.
Eugene Register Guard (3.26.07)
Robert Lehner, Commentary
The recently released Public Safety Liability Management report concludes a long series of investigations into the criminal behavior of former Eugene police officers Roger Magaña and Juan Lara. This independent examination reviewed key conclusions reached by city of Eugene management with regard to these cases. We welcomed this effort as a double-check of our own work.
The city was fortunate to contract with PSLM and Rod Brown, a highly respected Oregon law enforcement consultant. In 2005, Brown headed up a special committee to review a similar case involving the Oregon Youth Authority.
The PSLM review addresses the issues that have been of greatest concern since the Magaña-Lara cases became known: Was anyone else involved or know what was going on? Why did those who heard from victims and others not act? The report answers these questions. We encourage people to read the report on the city's Web site: www.ci.eugene.or.us. Our conclusion that Magaña and Lara each acted alone and without the direct knowledge of others was confirmed by the review, as was our conclusion that no other persons were so culpable that additional investigations or personnel actions are warranted. We can never eliminate the possibility of such behavior. Our goal is to minimize this possibility and eliminate the risk that someone could, deliberately or not, exploit the same weaknesses to a similar result.
Eugene Register Guard (3.27.07)
Jackman Wilson, Editorial
Law enforcement consultant Rod Brown concludes his 33-page external review of the Eugene Police Department's investigation of its police officer sex scandal with a summary exhortation: "The events bringing rise to the necessity of this and other reviews and reports (are) tragic and incomprehensible. The issues have been reviewed, critiqued, examined, questioned and scrutinized from every possible aspect, and disclosures have been made and accountability accepted. It is time to place these events into a historical file and continue the forward progress."
In other words: Time to move on.
The same message was echoed by Police Chief Robert Lehner, who in a guest viewpoint published on the opposite page Monday outlined the many changes his department has made since the scandal involving former officers Juan Lara and Roger Magaña came to light. They include revamped hiring and supervisory practices, bolstered and restructured internal affairs investigations, and the voter-approved creation of an independent police auditor and civilian review system.
Brown and Lehner are right. It is time for the city and its police department to move on past the Lara-Magaña scandal, which inflicted such deep and lasting wounds. While the city was frustratingly slow in making some changes, its commitment to finishing the job - and doing it right - is beyond question. In response to pressure from this newspaper and other voices in the community, the city eventually provided public access to all relevant records and documents. The city took the additional step of ordering an external review of its core assumptions about the Lara-Magaña case.
3.06.06
Federal Judge Thomas Coffin’s Order and Opinion re: city of eugene’s motion (filed by Jeffrey Matthews) for summary Judgment re: 04-01021-TC
p. 16-17: Defendant [City of Eugene] concedes that there is evidence of a clear and persistent pattern of illegal activity. However, they argue that there is no evidence from which a factfinder could determine that the policymaking official, i.e., the Chief of Police, had notice or constructive notice of the activity. This contention is inaccurate. It is a question of fact whether any of the Chiefs of Police had actual knowledge of complaint about sexual assaults by City of Eugene police officers. Moreover it is clear that by April 2002 Chief Buchanan was aware of a June 1, 2001 made by Jessica Dean to the Eugene Police Department about the behavior of Magana....Sergeant Harris of the EPD investigated....Ultimately this case was reviewed by the IA auditor [Lankford], who then brought it up with the Chief of Police [Buchanan] as part of his audit report. In his
deposition, Chief Buchanan testified that:
Q. Do you recall discussing a complaint against Officer Magana in that meeting with [IA auditor] Lankford?
A. Yes.
p. 20: Deposition of Thad Buchanan (#92, Excerpt 1) at 38-41, 46-48. Chief Buchanan’s deposition amply demonstrates that he had knowledge of at least one occasion where Magana had inappropriately questioned a female he stopped while on duty and in uniform, and then lied about it when investigated by IA. He knew that nothing was done to Magana as a result of the IA investigation, and he did nothing to change that fact, either specifically – e.g., supervising Magana more closely – or generally – e.g., by changing the way IA investigations in such cases were handled. And while defendant contends that there is no direct evidence that Buchanan knew of other issues, I believe a jury question exists as to what he, and the other Chiefs, knew or did not know at the time.”
p. 22: “That Chief Buchanan viewed the collective bargaining agreement with the police union to be an obstacle to revisiting Magana’s contact with dean or even supervising Magana more closely is not a justification for what can only be described as a deliberate choice of inaction. Constitutional responsibilities trump bargaining agreements. Under these circumstances, a jury question exists as to what knowledge, whether actual or constructive, the Chiefs can be fairly said to have had...Further, there is sufficient evidence for a jury to conclude that the Chief’s response, or lack thereof, was deliberately indifferent to the constitutional rights of the women assaulted by Magana and Lara. “’[D]eliberate indifference is a stringent standard of fault, requiring proof that a municipal [policymaker] disregarded a known or obvious consequence of his actions.” Board of Commissioners of Bryan County, OK v. Brown, 520 U.S. 397, 410(1997).
-----
The March 20, 2007 report by former McMinnville Police Chief Brown reaches a completely different conclusion than the March 6, 2006 Order and Opinion by Federal Judge Thomas Coffin. Eugene Police Chief Lehner chose to side with Brown over Coffin. Here’s how I can wrap my mind around the chief’s decision to trust the retired McMinnville cop over the Federal judge/University of Oregon law professor.
In a way, former McMinnville Police Chief Rod Brown is more of an “expert” in Magana-type crimes than Federal Judge Thomas Coffin. Brown’s claim to fame is that like former EPD Chiefs Leonard Cooke and Thad Buchanan, he ran a ship that tolerated sexual harassment and assault by officers. I’m totally down with being tried by a “jury of your peers”, Chief. But letting one pervert enabler (Brown) judge two others (Cooke and Buchanan) is ridiculous!
Thursday, June 19, 2008
tapas thursday
interrogating lieutenant bills (part 2)
“Lieutenant Bills?” I said as she approached the door. She turned around and glared at me.
“Can I ask you a quick question?”
She nodded.
“At the May Eugene Police Commission meeting, Principal Alsup alleged that you were the chair of the committee implementing the crisis intervention training program.”
”Yes.”
”Are there any minutes or other written documents generated from the meetings with you, joe, sue from nami and your randomly chosen cronies?”
”No.”
”Any document at all available via public records request?”
”NO.”
”Who decided not to allow the public access to the meetings or their proceedings. You?”
”Yes.” she said with a slight sneer.
“Thanks a lot.” I said and left, with a bigger one.
Today: tapas thursday
11:30: on my way into Bagel Sphere for a jalapeno tofu pate on an everything bagel (a bargain at $2.49), I run into Eugene Police Commissioner Ahlen. He is carrying a bag of a dozen bagels and assorted other food items.
“Who are you going to stuff your face with today?” I say.
“A bunch of nurses.” he says with a smile. “See ya.”
11:50: there’s a man with a camera and a reporter-ish looking woman next to the statue of Senator Morse. Parked next to an EPD squad car, there’s one of those news trucks with a huge dish on top.
“What’s going on?” I ask the cameraman.
“The trial for the guy who ran the detectives off the road.”
I have no idea what he is talking about, but when I hear it involves detectives, I’m curious.
12:15: i head toward the picnic table outside the mcnutt room in hopes of spotting someone interesting. i see a small crowd gathered in front of epd, including a teevee reporter whose face i recognize. i assume they are there for the detectives. i start talking to some of the people and find out that the story about the trial is on the front page of the city/region section of the Register Guard, which I happen to have in my backpack.
I had not heard of this story before today and did not even read the article when I saw it today because it didn’t seem interesting. But once I glanced at it, I realized I was interested. The woman I was talking to told me about mongols, gypsy jokers and free souls. She was there with a group of parents who had spent 4.5 hours today (8-12:30) trying to persuade someone at EPD to do something about a 20-year old male who has committed multiple crimes in the 27th/Madison area including punching a 15-year old girl on Tuesday (?). The mother had talked to EPD Officer Dave Odum but he had only been willing to file a report and no one was willing to let the mother press charges against the 20-year-old male who had assaulted her 15-year-old daughter, despite the fact that several (3?4?5?)families in the area have filed restraining/stalking orders against the alleged perp. I talked to adults from 4 separate households who were frustrated and exasperated and worried about their kids. I was shocked.
12:40: I headed up to the third floor of the courthouse to see what was happening. When I got there, I saw a half dozen men from the sheriff’s office including Captain Thompson and Sergeant Weir. I sat down to survey the scene. I realized all the action was in the courtroom right across from me. I got up and said “Is it okay to go in?” Captain Thompson said “Sure, Deb.”
I had not read the article closely enough to realize this was day 2 of jury deliberation. I was surprised to walk into a silent room with a few dozen observers and a dozen deputies in a tense waiting period. Most of the deputies were in the front and back row of the visitor section. A few were standing against the wall. The one who was standing closest to the defendant and lawyer (both clean-cut and wearing almost matching suits) was the guy who shook his head and frowned at me during Jeff Luers re-sentencing hearing when I stuck my finger down my throat in response to something DDA Hasselman said. He is in a league of his own (not that I have much experience with crowd control, to be honest, so it’s just a hunch) in terms of communicating a commanding presence – extremely intimidating but not menacing and very impressive.
I realized I’d never been in a courtroom awaiting a verdict before. I felt scared being in a room with a dozen cops with glocks and two dozen uber-tatted bikers. Plus, I only had 7 minutes left on my parking meter. I got up and went outside and sat down. Thompson and Weir and an unknown peep were talking. Suddenly, soon-to-be-DA Alex Gardner whizzed by and into the courtroom. In hindsight, I realize this was a signal that the jury had reached a verdict and I should have stayed to watch but this didn’t occur to me then and I did not want another $12 ticket. On my way out, I approached Captain Thompson.
“Will you tell me if you think this sentence is a fair description of what's going on here?"
He nodded.
”This is a high profile case involving gangs and local and federal law enforcement. Therefore,the presence of the Lane County Sheriff’s Department is higher than typical at trials in order to send a strong signal of zero tolerance for violence.”
“That’s right.” he said. His unidentified associate also expressed agreement.
“A strong show of force decreases the probability of violence. Everyone wins if you guys go home tonight without having discharged a weapon. Too bad the EPD doesn’t understand that.” I said.
“Lieutenant Bills?” I said as she approached the door. She turned around and glared at me.
“Can I ask you a quick question?”
She nodded.
“At the May Eugene Police Commission meeting, Principal Alsup alleged that you were the chair of the committee implementing the crisis intervention training program.”
”Yes.”
”Are there any minutes or other written documents generated from the meetings with you, joe, sue from nami and your randomly chosen cronies?”
”No.”
”Any document at all available via public records request?”
”NO.”
”Who decided not to allow the public access to the meetings or their proceedings. You?”
”Yes.” she said with a slight sneer.
“Thanks a lot.” I said and left, with a bigger one.
Today: tapas thursday
11:30: on my way into Bagel Sphere for a jalapeno tofu pate on an everything bagel (a bargain at $2.49), I run into Eugene Police Commissioner Ahlen. He is carrying a bag of a dozen bagels and assorted other food items.
“Who are you going to stuff your face with today?” I say.
“A bunch of nurses.” he says with a smile. “See ya.”
11:50: there’s a man with a camera and a reporter-ish looking woman next to the statue of Senator Morse. Parked next to an EPD squad car, there’s one of those news trucks with a huge dish on top.
“What’s going on?” I ask the cameraman.
“The trial for the guy who ran the detectives off the road.”
I have no idea what he is talking about, but when I hear it involves detectives, I’m curious.
12:15: i head toward the picnic table outside the mcnutt room in hopes of spotting someone interesting. i see a small crowd gathered in front of epd, including a teevee reporter whose face i recognize. i assume they are there for the detectives. i start talking to some of the people and find out that the story about the trial is on the front page of the city/region section of the Register Guard, which I happen to have in my backpack.
I had not heard of this story before today and did not even read the article when I saw it today because it didn’t seem interesting. But once I glanced at it, I realized I was interested. The woman I was talking to told me about mongols, gypsy jokers and free souls. She was there with a group of parents who had spent 4.5 hours today (8-12:30) trying to persuade someone at EPD to do something about a 20-year old male who has committed multiple crimes in the 27th/Madison area including punching a 15-year old girl on Tuesday (?). The mother had talked to EPD Officer Dave Odum but he had only been willing to file a report and no one was willing to let the mother press charges against the 20-year-old male who had assaulted her 15-year-old daughter, despite the fact that several (3?4?5?)families in the area have filed restraining/stalking orders against the alleged perp. I talked to adults from 4 separate households who were frustrated and exasperated and worried about their kids. I was shocked.
12:40: I headed up to the third floor of the courthouse to see what was happening. When I got there, I saw a half dozen men from the sheriff’s office including Captain Thompson and Sergeant Weir. I sat down to survey the scene. I realized all the action was in the courtroom right across from me. I got up and said “Is it okay to go in?” Captain Thompson said “Sure, Deb.”
I had not read the article closely enough to realize this was day 2 of jury deliberation. I was surprised to walk into a silent room with a few dozen observers and a dozen deputies in a tense waiting period. Most of the deputies were in the front and back row of the visitor section. A few were standing against the wall. The one who was standing closest to the defendant and lawyer (both clean-cut and wearing almost matching suits) was the guy who shook his head and frowned at me during Jeff Luers re-sentencing hearing when I stuck my finger down my throat in response to something DDA Hasselman said. He is in a league of his own (not that I have much experience with crowd control, to be honest, so it’s just a hunch) in terms of communicating a commanding presence – extremely intimidating but not menacing and very impressive.
I realized I’d never been in a courtroom awaiting a verdict before. I felt scared being in a room with a dozen cops with glocks and two dozen uber-tatted bikers. Plus, I only had 7 minutes left on my parking meter. I got up and went outside and sat down. Thompson and Weir and an unknown peep were talking. Suddenly, soon-to-be-DA Alex Gardner whizzed by and into the courtroom. In hindsight, I realize this was a signal that the jury had reached a verdict and I should have stayed to watch but this didn’t occur to me then and I did not want another $12 ticket. On my way out, I approached Captain Thompson.
“Will you tell me if you think this sentence is a fair description of what's going on here?"
He nodded.
”This is a high profile case involving gangs and local and federal law enforcement. Therefore,the presence of the Lane County Sheriff’s Department is higher than typical at trials in order to send a strong signal of zero tolerance for violence.”
“That’s right.” he said. His unidentified associate also expressed agreement.
“A strong show of force decreases the probability of violence. Everyone wins if you guys go home tonight without having discharged a weapon. Too bad the EPD doesn’t understand that.” I said.
interrogation of lieutenant bills
After spending two hours in the Lane County Commissioners Conference Room yesterday morning listening to half-ton (Stewart & Green) and the other three stooges (Fleenor, Sorenson, Dwyer), I needed air. I went outside and walked over the bridge connecting the laMe county and EWEgene guvmince. At approximately 1:14:23, I looked south on Pearl and saw EPD Lieutenant Jennifer Bills, commander of the crisis intervention training implementation committee walking with a female civilian who was a foot taller, a few pounds lighter and a little bit less butch than her. When they headed east to walk up the steps toward the aptly named McNutt Room, I initiated pursuit.
I maintained a healthy distance to avoid alerting the perp of my pursuit. At the picnic table, they stopped and hugged. I instinctively crouched, worried that the full body press would accidentally set off Jenn’s pepper spray and/or tear gas and/or inadvertently discharge her glock and/or taser. (Note: I felt a similar fear when Lane County Sheriff Russ Burger gave Rick Dancer a full body hug at the press conference where Mr. Dancer announced his candidacy for secretary of state in the Wayne Morse Free Speech Plaza. Apparently Sheriff Burger, like Bobby Green, George Poling and the other Friends of Alex Gardner who attended Dancer's political coming out party thinks "looks great in fishnet stockings and a thong" is sufficient credentials for secretary of state.)
But the hug went off without a hitch. The lieutenant’s peep headed south toward the chamber of comedy and the lieutenant headed toward the latrine, elevator and access to the pigs’ digs.
“Lieutenant Bills?” I said as she approached the door. She turned around and glared at me.
[to be continued]
I maintained a healthy distance to avoid alerting the perp of my pursuit. At the picnic table, they stopped and hugged. I instinctively crouched, worried that the full body press would accidentally set off Jenn’s pepper spray and/or tear gas and/or inadvertently discharge her glock and/or taser. (Note: I felt a similar fear when Lane County Sheriff Russ Burger gave Rick Dancer a full body hug at the press conference where Mr. Dancer announced his candidacy for secretary of state in the Wayne Morse Free Speech Plaza. Apparently Sheriff Burger, like Bobby Green, George Poling and the other Friends of Alex Gardner who attended Dancer's political coming out party thinks "looks great in fishnet stockings and a thong" is sufficient credentials for secretary of state.)
But the hug went off without a hitch. The lieutenant’s peep headed south toward the chamber of comedy and the lieutenant headed toward the latrine, elevator and access to the pigs’ digs.
“Lieutenant Bills?” I said as she approached the door. She turned around and glared at me.
[to be continued]
Wednesday, June 18, 2008
comedic harassment
Jerry Seinfeld claims a cookbook author is cooking up some fancy semantics by calling him an actor rather than a comedian to minimize the humor in statements she says defamed her.
Lawyers for Seinfeld say Missy Chase Lapine's lawyers resorted to the switch in words to describe Seinfeld when several weeks ago they filed a rewritten version of her lawsuit against him and his wife in U.S. District Court in Manhattan.
"Jerry Seinfeld is an enormously wealthy and well-known actor," Lapine's revised lawsuit said. The original had called him a comedian.Lapine, the author of "The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals," accused Seinfeld's wife, Jessica Seinfeld, of plagiarizing her cookbook when in October she published her own, titled: "Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food."
During an appearance on CBS' "Late Show with David Letterman," Jerry Seinfeld said Lapine was accusing his wife of "vegetable plagiarism" and compared her to the three-name killers of John Lennon and the Rev. Martin Luther King Jr.
"If you read history, many of the three-name people do become assassins," Seinfeld said. "Mark David Chapman. And you know, James Earl Ray. So that's my concern."
His lawyers said in court papers filed late Tuesday: "No reasonable viewer could have thought that Seinfeld really meant that Lapine ... might become an `assassin' simply because she has three names."
Lapine's lawyers have said Seinfeld, best known for the sitcom "Seinfeld," used the Letterman appearance to begin a "malicious, premeditated and knowingly false and defamatory attack" on her.
Paul F. Lewis of Sherman and Howard in Colorado Springs is representing Lapine.
sheriff scofflaw
From: Deborah Frisch
Sent: Wednesday, June 18, 2008 3:48 PM
Subject: sheriff scofflaw
I’m sorry I had to leave the Board of Commissioners meeting early. Could someone tell me the vote on Sheriff Scofflaw’s request [Item 10a]?
Text of my remarks:
In a few weeks, Eugene will be overrun with hundreds of very skinny people who can run around in circles very quickly and thousands of not-so-skinny people who like to watch them. As we approach the 2008 Olympic Trials, we are reminded of the 1972 Olympics in Munich, where Steve Prefontaine choked a few years before he croaked on Hendrick’s Hill.
There was another tragedy in Munich in 1972- the Palestinian Liberation Organization killed eleven Israelis (3 weightlifters, 2 wrestlers, four coaches and two judges). While I still deplore their behavior, 36 years later, I better understand their rage.
[and now for something completely different]
When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, a decent respect for humankind requires a justification for the separation.
Sent: Wednesday, June 18, 2008 3:48 PM
Subject: sheriff scofflaw
I’m sorry I had to leave the Board of Commissioners meeting early. Could someone tell me the vote on Sheriff Scofflaw’s request [Item 10a]?
Text of my remarks:
In a few weeks, Eugene will be overrun with hundreds of very skinny people who can run around in circles very quickly and thousands of not-so-skinny people who like to watch them. As we approach the 2008 Olympic Trials, we are reminded of the 1972 Olympics in Munich, where Steve Prefontaine choked a few years before he croaked on Hendrick’s Hill.
There was another tragedy in Munich in 1972- the Palestinian Liberation Organization killed eleven Israelis (3 weightlifters, 2 wrestlers, four coaches and two judges). While I still deplore their behavior, 36 years later, I better understand their rage.
[and now for something completely different]
When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, a decent respect for humankind requires a justification for the separation.
let the games begin!
Bill Bishop (ewejean inbredgister guard): A Eugene man who suffered a broken pelvis, and rib, neck and back injuries when a Eugene police officer took him to the ground last year is suing the officer and the city for an unspecified sum for civil rights violations, negligence, false arrest and malicious prosecution.
Roy Levi Smith, 53, said Tuesday that he filed the federal lawsuit to keep public attention focused on Eugene police abuse of law-abiding citizens that came to light with the case of Roger Eugene Magana more than five years ago.
A07-051: Use of Force A police supervisor, after reading a police report, alleged that an officer used excessive force when he used his fist to strike a subject who was handcuffed and seated in the backseat of a police car awaiting transport to jail.
The investigation included interviews with the subject, the involved officer and witness officer together with a review of related police records. The investigation found that although the officer thought the subject posed a bio-hazardous threat due to the appearance that he was preparing to spit directly into the officer’s face, the officer had a variety of other options to prevent the prisoner from spitting on him.
The investigation found that the officer’s actions were not reasonable under the totality of the circumstances nor were they consistent with training; therefore the use of force allegation was SUSTAINED.
Sergeant Ryan Nelson and Lieutenant Scott Fellman did not think there was anything wrong with Officer McBride's decision to punch a handcuffed civilian in the face. Captain Pete Kerns did.
Roy Levi Smith, 53, said Tuesday that he filed the federal lawsuit to keep public attention focused on Eugene police abuse of law-abiding citizens that came to light with the case of Roger Eugene Magana more than five years ago.
A07-051: Use of Force A police supervisor, after reading a police report, alleged that an officer used excessive force when he used his fist to strike a subject who was handcuffed and seated in the backseat of a police car awaiting transport to jail.
The investigation included interviews with the subject, the involved officer and witness officer together with a review of related police records. The investigation found that although the officer thought the subject posed a bio-hazardous threat due to the appearance that he was preparing to spit directly into the officer’s face, the officer had a variety of other options to prevent the prisoner from spitting on him.
The investigation found that the officer’s actions were not reasonable under the totality of the circumstances nor were they consistent with training; therefore the use of force allegation was SUSTAINED.
Sergeant Ryan Nelson and Lieutenant Scott Fellman did not think there was anything wrong with Officer McBride's decision to punch a handcuffed civilian in the face. Captain Pete Kerns did.
Tuesday, June 17, 2008
ama plays hardball
Is menthol a flavor that should be banned from cigarettes? That's a tricky question, according to the American Medical Association whose members on Tuesday found themselves opposing some government health heavyweights.
Monday, June 16, 2008
roundupgate update
I would like to thank Victim Van Ornum, a University of Oregon student from Minnesota took time out from his studies to educate us about the dangers of pesticides. Who knew? Then there’s wisdom imparted by Witness Merwin who reminds us that Eugene is not Beijing. In one of those weird Eugene coincidences, last Thursday, the same day Ms. Merwin spoke at the Eugene Police Commission meeting, I spent two hours downtown looking for Tienneman square. If only I’d heard her shpiel earlier I would have remembered Eugene is not Beijing.
tasertown
The May 30 incident was the ninth time an EPD officer used the Taser since the EPD lost its Taser virginity on March 9, when jud warden tased vito devaliti, a citizen armed with a cigar case. While one might expect that roundupgate would trigger an evaluation of brand new EPD Policy 309 that includes all 9 cases, the CRB is going to investigate the van Ornum case in isolation.
EPD is playing Russian roulette. It is only a matter of time before an EPD officer uses a taser to causes the death of a civilian. When someone dies, the use of deadly force planning authority (mandated by OR SB11) will kick in. A team of investigators from Oregon State Police, Lane County Sheriff’s Office and elsewhere will produce a report for the district attorney. Like now, the decision about whether to take legal action against a police officer who kills or injures a civilian rests will be made by the D.A. And although OR SB111 prohibits the use of the ORSB111-mandated report in civil suits, there are at least three examples from the Eugene Police Commission minutes that will be useful to this hypothetical victim and/or his or her estate. .
1. Chief Lehner’s intentional avoidance of placing the Taser on the use of force continuum (September 13, 2007)
Mr. Brown asked where the Taser would lie on the use-of-force continuum. Chief Lehner said the answer was more complex than just saying “between ‘4’ and ‘5’
2. Chief Lehner’s intentional avoidance of linking Taser use to the process of arresting a person, which would clarify the conditions of use and increase the justifiability of use. (March 13, 2008)
Chief Lehner stated that it was not typically part of policy to declare a person under arrest before deploying the Taser. He said the issue was not the arrest, rather it was the behavior of the person. He added that there was almost always an arrest involved.
3. Lane County Circuit Court Judge Zennache’s recommendation not to combine Taser with Crisis Intervention Training (October 11, 2007)
Mr. Zennaché felt that was “not quite appropriate” because it was hard to de-escalate a situation with conversation when an officer had a Taser out and pointed at someone. He said a Taser should be part of the crisis response, but should not be held by the officer with CIT training.
There is one unfounded fear being bandied about. Some worry that the eugene police department will really rough up protestors at the Olympic trials. But as Planner Phelps noted in a February 5, 2008 document, when the Olympics are in town, the Feds will take over security. Protestors at the Olympics won’t have to worry about being Tased by EPD. They’ll have to worryabout being doused with napalm, white phosphorous or anthrax by Homeland Security.
EPD is playing Russian roulette. It is only a matter of time before an EPD officer uses a taser to causes the death of a civilian. When someone dies, the use of deadly force planning authority (mandated by OR SB11) will kick in. A team of investigators from Oregon State Police, Lane County Sheriff’s Office and elsewhere will produce a report for the district attorney. Like now, the decision about whether to take legal action against a police officer who kills or injures a civilian rests will be made by the D.A. And although OR SB111 prohibits the use of the ORSB111-mandated report in civil suits, there are at least three examples from the Eugene Police Commission minutes that will be useful to this hypothetical victim and/or his or her estate. .
1. Chief Lehner’s intentional avoidance of placing the Taser on the use of force continuum (September 13, 2007)
Mr. Brown asked where the Taser would lie on the use-of-force continuum. Chief Lehner said the answer was more complex than just saying “between ‘4’ and ‘5’
2. Chief Lehner’s intentional avoidance of linking Taser use to the process of arresting a person, which would clarify the conditions of use and increase the justifiability of use. (March 13, 2008)
Chief Lehner stated that it was not typically part of policy to declare a person under arrest before deploying the Taser. He said the issue was not the arrest, rather it was the behavior of the person. He added that there was almost always an arrest involved.
3. Lane County Circuit Court Judge Zennache’s recommendation not to combine Taser with Crisis Intervention Training (October 11, 2007)
Mr. Zennaché felt that was “not quite appropriate” because it was hard to de-escalate a situation with conversation when an officer had a Taser out and pointed at someone. He said a Taser should be part of the crisis response, but should not be held by the officer with CIT training.
There is one unfounded fear being bandied about. Some worry that the eugene police department will really rough up protestors at the Olympic trials. But as Planner Phelps noted in a February 5, 2008 document, when the Olympics are in town, the Feds will take over security. Protestors at the Olympics won’t have to worry about being Tased by EPD. They’ll have to worryabout being doused with napalm, white phosphorous or anthrax by Homeland Security.
Sunday, June 15, 2008
declaration of independence
When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, a decent respect for humankind requires the declaration of the justification for the separation.
We hold these truths to be self-evident, that all humans are created equal, that we are endowed with certain unalienable rights including Life, Liberty and the pursuit of Happiness.
That to secure these rights, people consent to be governed. That when a government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government in order to preserve their safety and maximize their collective happiness.
All experience hath shewn that people tolerate insufferable evils rather than abolish the forms to which they are accustomed. But when a long train of abuses and usurpations reduces us under absolute Despotism, it is our right, it is our duty, to throw off such Government to protect our future security.
The history of the present government of the United States of America is a history of repeated injuries and usurpations culminating in the establishment of an absolute Tyranny over these States.
King George has made judges dependent on his will alone for the tenure of their offices. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass people and steal their substance. He has rendered the Military independent of and superior to the Civil Power.
For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefit of Trial by Jury: For transporting us beyond Seas to die for pretended offences. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
We, therefore, the representatives of the states of oregon, washington, new york, mexico, and jersey explaining to the people of the world the rightness of our cause, do solemnly declare that these formerly united states are, and ought to be Free and Independent States.
That we are Absolved from all Allegiance to Uncle Sam, and that all political connection between us and the allegedly united states of america, is and ought to be dissolved; and that as Free States, we have full power to nurture Peace, facilitate Alliances, regulate Commerce, and to do all other Things which Independent States rightly do.
And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
We hold these truths to be self-evident, that all humans are created equal, that we are endowed with certain unalienable rights including Life, Liberty and the pursuit of Happiness.
That to secure these rights, people consent to be governed. That when a government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government in order to preserve their safety and maximize their collective happiness.
All experience hath shewn that people tolerate insufferable evils rather than abolish the forms to which they are accustomed. But when a long train of abuses and usurpations reduces us under absolute Despotism, it is our right, it is our duty, to throw off such Government to protect our future security.
The history of the present government of the United States of America is a history of repeated injuries and usurpations culminating in the establishment of an absolute Tyranny over these States.
King George has made judges dependent on his will alone for the tenure of their offices. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass people and steal their substance. He has rendered the Military independent of and superior to the Civil Power.
For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefit of Trial by Jury: For transporting us beyond Seas to die for pretended offences. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
We, therefore, the representatives of the states of oregon, washington, new york, mexico, and jersey explaining to the people of the world the rightness of our cause, do solemnly declare that these formerly united states are, and ought to be Free and Independent States.
That we are Absolved from all Allegiance to Uncle Sam, and that all political connection between us and the allegedly united states of america, is and ought to be dissolved; and that as Free States, we have full power to nurture Peace, facilitate Alliances, regulate Commerce, and to do all other Things which Independent States rightly do.
And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
Friday, June 13, 2008
dead pig kicker
10.30.07 Luke Bellotti is the part-time kicker for the University of Oregon Ducks football team, and the son of head coach Mike Bellotti. Luke was arrested for driving under the influence of intoxicants (DUII) not once, but twice in the past year. He recently entered a guilty plea as part of an agreement with prosecutors and he must spend five days in jail before December 30.
State vs. Lucas Michael Bellotti Case No. 21075184
Douglas J. Dennett
Request for omnibus hearing and motion to suppress evidence (p.2)
"The Defendant hereby moves to exclude from evidence the procedure and results of any Drug Recognition Expert (DRE) used by the State of Oregon to show that the Defendant was under the influence of a controlled substance or the combination of a controlled substance and intoxicating liquor because the officer who administered the test or tests was not properly qualified, the test or test (sic) were not administered properly, and the results were not recorded accurately. State v. Sampson, 167, Or App 489 (2000)."
40 minutes of time in parking meter @ 8th and oak: 50 cents
cost to obtain copies of two pages: 50 cents
learning that LCDDA Allison Brown didn't just settle for a slap on the wrist (5 days in jail, few years probation, $1K in fines) vis-a-vis the DUII, she also failed to press charges for possession of (meth? weed? coke? crack?): priceless.
see also HERE
felonious nappy-headed dead pig kicker
apology to civilian review board chair
To: City council, police chief, et cetera ad nauseim
In a previous correspondence, I alleged that the hearing-impaired, non-native speaker with an unfortunate tendency to mix stripes and plaids on the CRB is a retired proctologist. I discovered today that I was wrong - he's a urologist.
My bad!
P.S. Should a guy who writes drivel like this really be on the CRB? And aren't members supposed to be "unbiased" and "objective"?
5.30.08
I trust Obama and have no confidence whatsoever in his opponent. This is a Democratic year, and November’s results will bear me out.
6.4.08
As a current Obama supporter and a former Deaniac, I agree with the majority of sentiments expressed above. Let us start this respectful unity process soon.However, it is difficult for supporters on either side to start any healing process until Hillary accepts Obama's victory and concedes. Maybe her supporters can help initiate the healing process by encouraging her to find a graceful exit soon accompanied by a strong Obama endorsement.
6.4.08
Thank you, Hillary. Better late than never. Let's proceed with unity and stop the bashing and the blame games. McCain will be a serious challenge and we need every vote to defeat him.
P.P.S. Given that the jesus freak from peacehealth has the worst attendance on the CRB and on the EPC, shouldn't she resign as the liaison between the two?
In a previous correspondence, I alleged that the hearing-impaired, non-native speaker with an unfortunate tendency to mix stripes and plaids on the CRB is a retired proctologist. I discovered today that I was wrong - he's a urologist.
My bad!
P.S. Should a guy who writes drivel like this really be on the CRB? And aren't members supposed to be "unbiased" and "objective"?
5.30.08
I trust Obama and have no confidence whatsoever in his opponent. This is a Democratic year, and November’s results will bear me out.
6.4.08
As a current Obama supporter and a former Deaniac, I agree with the majority of sentiments expressed above. Let us start this respectful unity process soon.However, it is difficult for supporters on either side to start any healing process until Hillary accepts Obama's victory and concedes. Maybe her supporters can help initiate the healing process by encouraging her to find a graceful exit soon accompanied by a strong Obama endorsement.
6.4.08
Thank you, Hillary. Better late than never. Let's proceed with unity and stop the bashing and the blame games. McCain will be a serious challenge and we need every vote to defeat him.
P.P.S. Given that the jesus freak from peacehealth has the worst attendance on the CRB and on the EPC, shouldn't she resign as the liaison between the two?
puke bellotti
10.30.07 Luke Bellotti is the part-time kicker for the University of Oregon Ducks football team, and the son of head coach Mike Bellotti. Luke was arrested for driving under the influence of intoxicants (DUII) not once, but twice in the past year.
A sports journalist with The Oregonian revealed Luke Bellotti’s drunk driving arrests, and questioned the perceived double standard in remaining quiet about the suspension of the head coach’s son while making public the alcohol related transgressions of other athletes. During the Oregon Ducks football game against PAC 10 conference rival USC Trojans, coach Mike Bellotti’s ex-wife Colleen sought out the journalist to berate him for writing about her son’s DUI arrests. She, along with friends, several young children, Luke’s girlfriend and a nanny entered the press box at Autzen stadium during the fourth quarter of the Oregon-USC game and proceeded to go on a profanity-laced tirade. Colleen Bellotti’s breath reportedly reeked of alcohol, as she grabbed the journalist’s suit lapel and threatened to slap him. The nanny, holding Bellotti’s infant son, also entered the fray with her own string of profanity.
Thursday, June 12, 2008
ta$ergate
6.6.06 TASER International, Inc. (NASDAQ: TASR), a market leader in advanced electronic control devices announced that the Circuit Court for the County of Saginaw, Michigan entered a judgment in favor of TASER International ordering the dismissal of the product liability lawsuit filed by Devica Thompson, et. al. against TASER International, Inc. This is the twentieth wrongful death or injury lawsuit that has been dismissed or judgment entered in favor of TASER International.
watcha gonna do
when they come for you?
Following the discovery and disclosure of the Rampart Area Corruption Incident by the Los Angeles Police Department, the United States Department of Justice (DOJ) notified the City of Los Angeles that it intended to file a civil suit alleging that the Department was engaging in a pattern or practice of excessive force, false arrests and unreasonable searches and seizures.
grande mac court update
----- Original Message -----
From: Deborah Frisch
To: Deborah Frisch ; jan_barkley@ous.edu ; gail_bartlett@ous.edu ; paul_bartlett@ous.edu ; melanie_bennett@ous.edu ; george_pernsteiner@ous.edu ; ror.us
Subject: 5.19.08 (pfm) and 5.20.08 (paradigm) evaluations of arena feasibility and financing
Greg Bolt, Eugene Register Guard, June 6, 2008
The financing plan has been through numerous analyses by campus groups, state agencies and outside consultants. The result each time has been validation of the plan. At today’s meeting, board members will have two new reviews to consider. One, from the financial advisory firm Public Financial Management Inc., concludes that the university’s analysis of arena finances based on the use of taxable bonds is accurate. The other, by venue construction advisors Paradigm Economics, assessed the steps the UO took to develop financial projections and the assumptions on which they are based. It found that the university’s process was “familiar, reasonable and well maintained” and that the work submitted by university consulting firm Conventions, Sports and Leisure International “seems to fully satisfy” the expectations for such projects. The CSL work was among the most controversial aspects of the plan, and the company’s arena revenue projections were criticized as being unrealistically high.
Greg Bolt, Eugene Register Guard, June 7, 2008
The University of Oregon athletic program scored one of the biggest wins in its history Friday when the state Board of Higher Education gave the green light to sell $200 million in state-backed bonds to build the country’s most expensive basketball arena. The vote for the financing plan was unanimous and came after the Oregon University System’s bond lawyer called the arena financial plan one of the most thoroughly reviewed plans he’s ever seen.
1. Paradigm report
Print out pages 249-253 of this 303 page pdf file
Paradigm was engaged by the Oregon University System to conduct an in-person review of the University of Oregon (UO) Arena Project (Project), to evaluate the reasonableness of the financial projections that the UO prepared for the Project, and to prepare this written evaluation. Our work included an examination of the reasonableness of the assumptions upon which the financial projections were based, including but not limited to, Convention, Sports, and Leisure (CSL) estimated revenues and costs, the Legacy Fund's earning potential, marketing revenues, and other major revenue and expense assumptions.
Paradigm principal Mr. Michael Bogucki and special consultant to Paradigm Mr. Barry Silberman interacted on April 29 with a variety of UO project team representatives including Erik Judson (JMI Sports); Bob Thompson (TVA Architects); on behalf of the University Harvey Rogers, Dave Sparks, Jay Kenton, Melinda Grier; and Roan Blacker (PFM).
Based on their preparatory review of project materials, on UO project team interaction during the April 29, 2008 site visit, and also on follow-up project materials exchange and review during the April 30-May 6 period, Messrs. Bogucki and Silberman have made the following professional judgment-based assessments of the to-date UO arena project planning and development effort:
Paradigm has neither been tasked with performing independent market research, nor has it conducted such an effort, for this project. any information, estimates and opinions that Paradigm is relying on that have been obtained from sources outside of our own office and efforts, are assumed to be reliable and may not have been independently verified.
Paradigm’s work is dependent on the work of other members of the University’s new arena project team, and their analyses incorporate numerous estimates and assumptions regarding market performance, and general and local business and economic conditions, and their work assumes the absence of material changes in the competitive environment and other matters. However, some of these estimates or assumptions inevitably will not materialize, and unanticipated market and industry events and circumstances may occur.
Respectfully submitted.
Michael E. Bogucki
Principal
Cc: Barry Silberman
2. Public Finance Management, Inc. report
Public Financial Management, Inc. (“PFM”) has been requested by the Oregon University System (“OUS”) to confirm the accuracy of the pro forma analysis relating to the self sufficiency of the proposed UO Arena. ...PFM expresses no opinion or assurances of any kind on the achievability of any projected information contained herein. PFM was engaged to verify the pro forma analyses by confirming that the assumptions stated are properly reflected within the projected cash flows. PFM was not engaged, nor did PFM undertake, to examine the reasonableness of the assumptions upon which the financial projections are based, and no representation to the contrary should be made.
Respectfully Submitted,
Public Financial Management, Inc.
See also
Wednesday, June 11, 2008
translation of chief lehner's commentary
Robert M. Lehner
Chief
Eugene Police Department
Eugene, OR 97402
Master of Bu*si* Administration
University of Arizona (Eller College of Management)
Tucson, AZ 85721
The civilian police review system in Eugene is in its infancy. While in its coceptual stages, future challenges were considered and predicted with stunning accuracy by its designers. Rather than view current concerns as somehow indicative of a system that is failing, we should acknowledge the wisdom and foresight upon which the review system was so carefully crafted and work collectively toward the original vision. Eugene’s civilian review system is the result of a thorough, year-long public outreach process by the Eugene Police Commission in 2004-05. Police commissioners also extensively studied the experiences of other cities where civilian review systems had been implemented. Based on this broad public input and research effort, the Police Commission settled on a hybrid oversight model, consisting of a combination of an auditor and a review board, as the best fit for Eugene. Based on my own professional experience and education, I agreed with that recommendation and still feel it is the best choice for Eugene.
[TRANSLATION: I’m in deep doodoo due to the one-two punch caused by the temporal proximity of:
a. the second example in 2008 [May 24] of EPD Officer Willy Edewaard, President of the Eugene Police Employees Association inflicting reputational and emotional harm on the most liberal member of the city council (Bonny Bettman)
b. [at least] the second example since the Eugene Police Commission approved pilot Taser program began in February, 2008 of an EPD officer unjustifiably unloading his Taser-brand personal electrocution device into the flesh of a harmless civilian. [May 30; EPD Officer A (& EPD Officer B?)/Ian Van Ornum]
First example: [March 9 EPD Officer Jud Warden/Vito Devaliti]
I lack the cajones and/or coeur to publicly speak about:
a. Edewaard’s chronic harassment of Bettman
b. Officer A and Officer B’s inability to contain a 50% handcuffed 160 pound hippie without the assistance of a Taser
c. how insulting and disrespectful it was to pretend that Ryan Salisbury is dead because of EPD's Taser-deficiency disorder
d. how sub-standard EPD Policy 309 is and how this is evidence of the substandardness of the Eugene Police Commission, which collaborated with the Chief’s office to create the policy. Lane County Circuit Court Judge Charlie Zennache was on Taser subcommittee of the EPC.
Therefore, I’ll pretend the crux of the May 24 and May 30 incidents is the controversy surrounding the Police Auditor and Civilian Review Board. But I don’t want to talk about the Police Auditor directly, because I lack the coeur and/or cajones to revisit my stupid decision to forward Sergeant Ron Swanson’s (a known sex offender) complaint about Police Auditor Beamud to District attorney Harcleroad. aaarrggh.
I know! Since the Eugene Police Commission created the Police Auditor and Civilian Review Board and I’ve got face time coming up with the EPC on Thursday, I’ll use this as an opportunity to lick the boots of Alsup, Miller, Ahlen, Mueller and company.]
No new, complex system can be implemented without allowing for a period of learning and adjustment along the way. There are many positive aspects to a hybrid review system. This and much more information are contained in the July 25, 2005, report of the Police Commission to the City Council explaining their recommendation to adopt such a system. The report is available on the Police Commission’s Web site, and I encourage interested people to revisit this history.
The information is not only historically relevant, it is insightful. Along with the list of benefits and reasons for recommending this system, the Police Commission noted there would likely be several challenges to the hybrid model. Quoting from the report: It may be more complex to implement, and there is less chance for a seamless operation.There is the possibility of an adversarial relationship between the various oversight components, policy bodies and city leadership. More components add bureaucratic layers and expense to the process. Complaint resolution is apt to be less timely than is the case with other models.
[TRANSLATION What people really want to know is the names of the officers involved and a detailed report of what happened. I don’t want to give them that. So I’ll refer them to and quote from a neuron-numbing, irrelevant document produced in 2005 and pretend that counts as "providing information."]
Commissioners also made a controversial but thoughtful recommendation that to gain the needed credibility for the public, the auditor and review board members should be appointed by the City Council. Commissioners recognized that this governance model increased the likelihood of politicizing the complaint process, which was considered detrimental to a successful implementation. I was remarkably impressed with the hard work, dedication and quality work-product of the commission at the time. Now, with the benefit of some experience with this system, I am awed by the commissioners’ vision. Not only did they accurately identify system benefits, they accurately predicted the challenges that would need to be overcome.
This system depends on the willing support of many stakeholderswhose interests and needs must be balanced. I prefer to view the various complaints (internal and external) as opportunities for improvement. No one thought the system and its processes would be perfect upon introduction. The fundamental system design is sound, workable and worthy of this community and our police department. Our goal should be respect for the system by all of its stakeholders.
Many people (including police employees) worked very hard to identify the right system for Eugene. We succeeded, and the proposal was ultimately approved by the voters. It will take cooperation and time on the part of all relevant stakeholders, learning from our gained experiences and growing from our adversities, to move this process forward to its next phase: adolescence. Commissioners also recognized that this recommendation would make the support of another critical system stakeholder — the police union — much more difficult. It was fully expected that all of these challenges would require experience, work and adjustment along the way.
[TRANSLATION: Move along, folks. There's nothing to see. Heck, we all predicted there would be little bumps like this from the get-go. I'll call these cronies of the city councilors “commissioners” to make them feel powerful, respected and important. So what if I feel silly using the term for a police chief’s commanding officer (i.e., my boss) to refer to a bunch of people who aren’t even on the force? It’s a farce that can help the force, so I’m down with it! And I reckon they’ll all remember “I am awed by the commissioners’ vision” when we get together in the McNutt Room Thursday night and they’ll be even puttier in my hands than they were before.]
Way to manage public opinion, Chief!
Chief
Eugene Police Department
Eugene, OR 97402
Master of Bu*si* Administration
University of Arizona (Eller College of Management)
Tucson, AZ 85721
The civilian police review system in Eugene is in its infancy. While in its coceptual stages, future challenges were considered and predicted with stunning accuracy by its designers. Rather than view current concerns as somehow indicative of a system that is failing, we should acknowledge the wisdom and foresight upon which the review system was so carefully crafted and work collectively toward the original vision. Eugene’s civilian review system is the result of a thorough, year-long public outreach process by the Eugene Police Commission in 2004-05. Police commissioners also extensively studied the experiences of other cities where civilian review systems had been implemented. Based on this broad public input and research effort, the Police Commission settled on a hybrid oversight model, consisting of a combination of an auditor and a review board, as the best fit for Eugene. Based on my own professional experience and education, I agreed with that recommendation and still feel it is the best choice for Eugene.
[TRANSLATION: I’m in deep doodoo due to the one-two punch caused by the temporal proximity of:
a. the second example in 2008 [May 24] of EPD Officer Willy Edewaard, President of the Eugene Police Employees Association inflicting reputational and emotional harm on the most liberal member of the city council (Bonny Bettman)
b. [at least] the second example since the Eugene Police Commission approved pilot Taser program began in February, 2008 of an EPD officer unjustifiably unloading his Taser-brand personal electrocution device into the flesh of a harmless civilian. [May 30; EPD Officer A (& EPD Officer B?)/Ian Van Ornum]
First example: [March 9 EPD Officer Jud Warden/Vito Devaliti]
I lack the cajones and/or coeur to publicly speak about:
a. Edewaard’s chronic harassment of Bettman
b. Officer A and Officer B’s inability to contain a 50% handcuffed 160 pound hippie without the assistance of a Taser
c. how insulting and disrespectful it was to pretend that Ryan Salisbury is dead because of EPD's Taser-deficiency disorder
d. how sub-standard EPD Policy 309 is and how this is evidence of the substandardness of the Eugene Police Commission, which collaborated with the Chief’s office to create the policy. Lane County Circuit Court Judge Charlie Zennache was on Taser subcommittee of the EPC.
Therefore, I’ll pretend the crux of the May 24 and May 30 incidents is the controversy surrounding the Police Auditor and Civilian Review Board. But I don’t want to talk about the Police Auditor directly, because I lack the coeur and/or cajones to revisit my stupid decision to forward Sergeant Ron Swanson’s (a known sex offender) complaint about Police Auditor Beamud to District attorney Harcleroad. aaarrggh.
I know! Since the Eugene Police Commission created the Police Auditor and Civilian Review Board and I’ve got face time coming up with the EPC on Thursday, I’ll use this as an opportunity to lick the boots of Alsup, Miller, Ahlen, Mueller and company.]
No new, complex system can be implemented without allowing for a period of learning and adjustment along the way. There are many positive aspects to a hybrid review system. This and much more information are contained in the July 25, 2005, report of the Police Commission to the City Council explaining their recommendation to adopt such a system. The report is available on the Police Commission’s Web site, and I encourage interested people to revisit this history.
The information is not only historically relevant, it is insightful. Along with the list of benefits and reasons for recommending this system, the Police Commission noted there would likely be several challenges to the hybrid model. Quoting from the report: It may be more complex to implement, and there is less chance for a seamless operation.There is the possibility of an adversarial relationship between the various oversight components, policy bodies and city leadership. More components add bureaucratic layers and expense to the process. Complaint resolution is apt to be less timely than is the case with other models.
[TRANSLATION What people really want to know is the names of the officers involved and a detailed report of what happened. I don’t want to give them that. So I’ll refer them to and quote from a neuron-numbing, irrelevant document produced in 2005 and pretend that counts as "providing information."]
Commissioners also made a controversial but thoughtful recommendation that to gain the needed credibility for the public, the auditor and review board members should be appointed by the City Council. Commissioners recognized that this governance model increased the likelihood of politicizing the complaint process, which was considered detrimental to a successful implementation. I was remarkably impressed with the hard work, dedication and quality work-product of the commission at the time. Now, with the benefit of some experience with this system, I am awed by the commissioners’ vision. Not only did they accurately identify system benefits, they accurately predicted the challenges that would need to be overcome.
This system depends on the willing support of many stakeholderswhose interests and needs must be balanced. I prefer to view the various complaints (internal and external) as opportunities for improvement. No one thought the system and its processes would be perfect upon introduction. The fundamental system design is sound, workable and worthy of this community and our police department. Our goal should be respect for the system by all of its stakeholders.
Many people (including police employees) worked very hard to identify the right system for Eugene. We succeeded, and the proposal was ultimately approved by the voters. It will take cooperation and time on the part of all relevant stakeholders, learning from our gained experiences and growing from our adversities, to move this process forward to its next phase: adolescence. Commissioners also recognized that this recommendation would make the support of another critical system stakeholder — the police union — much more difficult. It was fully expected that all of these challenges would require experience, work and adjustment along the way.
[TRANSLATION: Move along, folks. There's nothing to see. Heck, we all predicted there would be little bumps like this from the get-go. I'll call these cronies of the city councilors “commissioners” to make them feel powerful, respected and important. So what if I feel silly using the term for a police chief’s commanding officer (i.e., my boss) to refer to a bunch of people who aren’t even on the force? It’s a farce that can help the force, so I’m down with it! And I reckon they’ll all remember “I am awed by the commissioners’ vision” when we get together in the McNutt Room Thursday night and they’ll be even puttier in my hands than they were before.]
Way to manage public opinion, Chief!
Tuesday, June 10, 2008
knight commission
Group 3: Case Study of Crises Spurring Faculty Involvement (Murrow Room)
Panelists
• Scott Adler, Associate Professor, Political Science, University of Colorado
• Paul Haagen, Professor and Co-Director of the Center for Sports Law and Policy, Duke University School of Law; former chair, Duke University’s Academic Council
• Nathan Tublitz, Professor of Biology, University of Oregon and Co-Chair, Coalition on Intercollegiate Athletics
In a series of four reports beginning on March 16, 2008 the Ann Arbor News
contended that the University of Michigan clusters athletes in programs that would put them on the easiest path to a degree and allows them to enroll in independent study courses that enabled them to pad their grade point averages. The University has denied any impropriety.
The Coalition on Intercollegiate Athletics (COIA) has not investigated the
charges; it is not our role to do so and thus we take no position on the merits and specifics of the allegations.
We point out, however, that we have previously taken note of similar accusations
at other universities and have warned of the potential for such abusive practices in the absence of explicit policies and controls to prevent them. Specifically, the COIA has called for universities to collect data on enrollment and grading patterns of students in individual sports programs. Such data should be designed to reveal whether there are clusters of athletes enrolled in identical courses or in courses with identical instructors, unusually high class GPAs in such courses or from such instructors, or grades significantly higher than predicted for athletes as compared to others in such courses or from such instructors. Faculty and administrators should be charged with the responsibility for reviewing the data and ensuring that academic integrity is not being compromised. We now reiterate our appeal for universities to adopt our proposals.
The COIA has, in the past, supported the NCAA’s efforts to enhance the
academic experience of student-athletes. Notably, the NCAA has established a program
that requires member schools to measure the academic progress of athletes and imposes
penalties on both teams and individual athletes who fail to meet specified standards. We are apprehensive, however, that some athletic departments and their academic counselors may be concerned more with the athletic eligibility of students than with their education. Schools may be enhancing the academic progress ratings of their athletes by steering them to courses that are not necessarily in their best academic and vocational interests, encouraging them to enroll in independent study courses that are not, in fact, consistent with the spirit and rationale for individualized research and scholarship, and by directing them to majors and programs that are designed mainly for athletes.
The current controversy involving the University of Michigan once again
underscores the importance of faculty and administrative vigilance over academic
practices as they pertain to athletes. It points to the urgency of the reforms proposed by the COIA.
Panelists
• Scott Adler, Associate Professor, Political Science, University of Colorado
• Paul Haagen, Professor and Co-Director of the Center for Sports Law and Policy, Duke University School of Law; former chair, Duke University’s Academic Council
• Nathan Tublitz, Professor of Biology, University of Oregon and Co-Chair, Coalition on Intercollegiate Athletics
In a series of four reports beginning on March 16, 2008 the Ann Arbor News
contended that the University of Michigan clusters athletes in programs that would put them on the easiest path to a degree and allows them to enroll in independent study courses that enabled them to pad their grade point averages. The University has denied any impropriety.
The Coalition on Intercollegiate Athletics (COIA) has not investigated the
charges; it is not our role to do so and thus we take no position on the merits and specifics of the allegations.
We point out, however, that we have previously taken note of similar accusations
at other universities and have warned of the potential for such abusive practices in the absence of explicit policies and controls to prevent them. Specifically, the COIA has called for universities to collect data on enrollment and grading patterns of students in individual sports programs. Such data should be designed to reveal whether there are clusters of athletes enrolled in identical courses or in courses with identical instructors, unusually high class GPAs in such courses or from such instructors, or grades significantly higher than predicted for athletes as compared to others in such courses or from such instructors. Faculty and administrators should be charged with the responsibility for reviewing the data and ensuring that academic integrity is not being compromised. We now reiterate our appeal for universities to adopt our proposals.
The COIA has, in the past, supported the NCAA’s efforts to enhance the
academic experience of student-athletes. Notably, the NCAA has established a program
that requires member schools to measure the academic progress of athletes and imposes
penalties on both teams and individual athletes who fail to meet specified standards. We are apprehensive, however, that some athletic departments and their academic counselors may be concerned more with the athletic eligibility of students than with their education. Schools may be enhancing the academic progress ratings of their athletes by steering them to courses that are not necessarily in their best academic and vocational interests, encouraging them to enroll in independent study courses that are not, in fact, consistent with the spirit and rationale for individualized research and scholarship, and by directing them to majors and programs that are designed mainly for athletes.
The current controversy involving the University of Michigan once again
underscores the importance of faculty and administrative vigilance over academic
practices as they pertain to athletes. It points to the urgency of the reforms proposed by the COIA.
hey...1 for 10's not bad!
Your Career as a Border Patrol Agent
Do you qualify?
Applicants must meet the following requirements:
* be under age 40
* be a U.S. citizen and resident of the U.S.
* be fluent in Spanish or be able to learn the Spanish language
* possess a valid state driver’s license
* pass a thorough background investigation, medical examination, fitness test, and drug test
You may be rated unsuitable for a Border Patrol Agent position if your background includes:
* past or present arrests
* convictions (including misdemeanor domestic violence charges)
* dismissals from previous jobs
* debts and financial issues
* excessive use of alcohol
* use of illegal drugs, and/or the sale and distribution of illegal drugs
Do you qualify?
Applicants must meet the following requirements:
* be under age 40
* be a U.S. citizen and resident of the U.S.
* be fluent in Spanish or be able to learn the Spanish language
* possess a valid state driver’s license
* pass a thorough background investigation, medical examination, fitness test, and drug test
You may be rated unsuitable for a Border Patrol Agent position if your background includes:
* past or present arrests
* convictions (including misdemeanor domestic violence charges)
* dismissals from previous jobs
* debts and financial issues
* excessive use of alcohol
* use of illegal drugs, and/or the sale and distribution of illegal drugs
gabe riley update
5.29.08 A judge in California has ordered that murder suspect Gabriel Scott Riley be turned over to Oregon authorities to face charges in Douglas County related to the March 10 attack on his parents.
Riley, 29, appeared in Riverside County Superior Court Wednesday, where Judge Ronald Taylor approved the man’s extradition.
Riley has been held as a fugitive in California since his arrest at a Palm Springs airport the same day as the alleged murder of his mother and attempted murder of his father.
6.9.08 GRANTS PASS, Ore. -- A 29-year-old California man has been booked into the Douglas County Jail on a warrant charging him with murder, attempted murder and arson.
Gabriel Scott Riley was transported from Palm Springs by Douglas County Sheriff's deputies over the weekend.
Riley is accused of killing his adopted mother, former longtime Sutherlin Middle School counselor Lindi Riley. She had been a counselor for 26 years.
Police say his father got away after Riley allegedly attempted to burn down their home.
Riley, 29, appeared in Riverside County Superior Court Wednesday, where Judge Ronald Taylor approved the man’s extradition.
Riley has been held as a fugitive in California since his arrest at a Palm Springs airport the same day as the alleged murder of his mother and attempted murder of his father.
6.9.08 GRANTS PASS, Ore. -- A 29-year-old California man has been booked into the Douglas County Jail on a warrant charging him with murder, attempted murder and arson.
Gabriel Scott Riley was transported from Palm Springs by Douglas County Sheriff's deputies over the weekend.
Riley is accused of killing his adopted mother, former longtime Sutherlin Middle School counselor Lindi Riley. She had been a counselor for 26 years.
Police say his father got away after Riley allegedly attempted to burn down their home.
Monday, June 9, 2008
gang of nine
9.17.01 They [gang of nine] are: Liz Cawood, owner of a local public relations firm; Otto Glausi, retired gasoline distributor; Ed Anderson, retired linen company executive; Bob Mylenek, owner of a Mercedes-Benz dealership; David Hilles, president of a construction company; Susan Selig, self-described visual artist and businesswoman; Chuck McGlade, radiologist at Sacred Heart Medical Center; Jennifer Solomon, community volunteer; and John Musumeci, real estate developer. Musumeci later resigned from the gang in August for personal reasons.
odot in bed with uo foundation?
From: Deborah Frisch
To: joseph.d.harwood@odot.state.or.us
Cc: patrick.j.cooney@odot.state.or.us
Sent: Monday, June 09, 2008 3:22 PM
Subject: sale of odot property to uo foundation
Dear Mr. Harwood,
I am writing to find out how ODOT decided to sell property in Eugene to the UO foundation.
Was there a public process involved? Were other parties (e.g., city of eugene, peacehealth, etc.) given a chance to bid on the property? How come the public was not informed of the April sale until June? If there are any documents that chronicle the decision making process involved in ODOT's deciding to sell property to the UO Foundation, I would like to see it.
Thank you,
Deborah Frisch, Ph.D.
Ah - I get it. Randy Pape is an emeritis member of the UO foundation board of trustees and was recently on the state transportation commission - got it!
To: joseph.d.harwood@odot.state.or.us
Cc: patrick.j.cooney@odot.state.or.us
Sent: Monday, June 09, 2008 3:22 PM
Subject: sale of odot property to uo foundation
Dear Mr. Harwood,
I am writing to find out how ODOT decided to sell property in Eugene to the UO foundation.
Was there a public process involved? Were other parties (e.g., city of eugene, peacehealth, etc.) given a chance to bid on the property? How come the public was not informed of the April sale until June? If there are any documents that chronicle the decision making process involved in ODOT's deciding to sell property to the UO Foundation, I would like to see it.
Thank you,
Deborah Frisch, Ph.D.
Ah - I get it. Randy Pape is an emeritis member of the UO foundation board of trustees and was recently on the state transportation commission - got it!
lane county budget testimony
Here's the footage of my comments to the nine himbos and one lesbian on the laMe county budget committee.
laMe county circus court
Karsten Rasmussen, the court’s chief criminal judge, says this: “The criminal justice system in Lane County is on the verge of being meaningless.”
Property crimes probably won’t be investigated unless the loss is well above $10,000 and there is a suspect who can be identified quickly, he added.
District Attorney’s Office: The department is “anemic” due to lack of funding, Burger said.
Property crimes probably won’t be investigated unless the loss is well above $10,000 and there is a suspect who can be identified quickly, he added.
District Attorney’s Office: The department is “anemic” due to lack of funding, Burger said.
willy and jimbo junior
----- Original Message -----
From: Deborah Frisch
To:
Sent: Monday, June 09, 2008 9:01 AM
Subject: eugene/4j proclamation
inbredgister guard Responding to two separate incidents of hate graffiti at schools in the past month, the Eugene School Board on Wednesday passed a proclamation denouncing acts of hate speech “and other behaviors and activities which are intentionally meant to demean and intimidate.” The City Council approved the same proclamation earlier in the day, and the Bethel School Board will consider it Monday. Taggers hit Spencer Butte Middle School in early May and Cesar Chavez Elementary School just before Memorial Day weekend. In both cases, the graffiti was extensive and included swastikas and insults directed against particular staff members. At Spencer Butte, it also included slurs against racial minorities, gays and people with disabilities.
-----
Usually if I bang a baseball bat against my head a couple of times, I can wrap my mind around the logic of the Eugene City Council’s decision making. But I'm still stumped by what I observed last week in the McNutt Room. The six members present (Poling and Pryor were absent) unanimously approved a proclamation condemning the Spencer taggers.
These young citizens are well on their way to successful careers as city of Eugene employees. Tagger 1 might grow up to the be president of the Eugene Police Employees Association. Tagger 2 might grow up to be an assistant city manager. Instead of denouncing Silly Willy Edewaard Jr. and Jimbo Carlson, Jr., we should be praising them for emulating prominent city of Eugene employees.
From: Deborah Frisch
To:
Sent: Monday, June 09, 2008 9:01 AM
Subject: eugene/4j proclamation
inbredgister guard Responding to two separate incidents of hate graffiti at schools in the past month, the Eugene School Board on Wednesday passed a proclamation denouncing acts of hate speech “and other behaviors and activities which are intentionally meant to demean and intimidate.” The City Council approved the same proclamation earlier in the day, and the Bethel School Board will consider it Monday. Taggers hit Spencer Butte Middle School in early May and Cesar Chavez Elementary School just before Memorial Day weekend. In both cases, the graffiti was extensive and included swastikas and insults directed against particular staff members. At Spencer Butte, it also included slurs against racial minorities, gays and people with disabilities.
-----
Usually if I bang a baseball bat against my head a couple of times, I can wrap my mind around the logic of the Eugene City Council’s decision making. But I'm still stumped by what I observed last week in the McNutt Room. The six members present (Poling and Pryor were absent) unanimously approved a proclamation condemning the Spencer taggers.
These young citizens are well on their way to successful careers as city of Eugene employees. Tagger 1 might grow up to the be president of the Eugene Police Employees Association. Tagger 2 might grow up to be an assistant city manager. Instead of denouncing Silly Willy Edewaard Jr. and Jimbo Carlson, Jr., we should be praising them for emulating prominent city of Eugene employees.
barry bonds and thad buchanan
Barry Bonds is headed to trial next March on federal charges of lying to a grand jury about his use of performance-enhancing drugs. The trial date was set Friday after baseball's home run king pleaded not guilty when he was re-arraigned on 15 felony counts of lying under oath and obstruction of justice.
Proving that Mr. Bonds lied under oath requires proving that he actually did use performance-enhancing drugs which is a dicey proposition.
Proving that Mr. Buchanan lied under oath requires being able to read two sentences consecutively and remember the first while reading the second.
Sunday, June 8, 2008
Saturday, June 7, 2008
heckling even jellycan kristians
86ed from emu@uo (6.7(?).07)
The comic book of my battle with kooky kristian brother jed was posted on friday, july 8, 2007. So today must be the one year anniversary (or darn tootin close to it) of the actual event.
thanks to whOregon commentator
i just noticed this - thanks for the links!
hey, tim what's his name, the pissant who got his degree with bill not so hardbaugh and joe dumber than a stone and limp-lobed larry singell and the rest of the dismal pseudoscientists at the university of whOregon is back. what's his last name? I can't remember.
hey, tim what's his name, the pissant who got his degree with bill not so hardbaugh and joe dumber than a stone and limp-lobed larry singell and the rest of the dismal pseudoscientists at the university of whOregon is back. what's his last name? I can't remember.
Friday, June 6, 2008
roundupgate
I attended the anti-Taser rally yesterday across from the EMU Amphitheater and next to 150 Columbia Hall, the largest room on campus, n times the size of its closest competitor (180 Prince Lucien Campell?).
Even though I was not at the anti-pesticide rally at the Ken Kesey Free Speech Plaza on May 30, I’ve obtained information about it from a variety of sources including:
a. Tim Reams 9 minute and 45 second video (9 minutes of post-incident monday-morning quarterbacking with self-absorbed activists; 45 seconds of raw footage).
b. Oregon Daily Emerald/CommonDreams
c. Eugene Register Guard
d. More media links and pictures
Based on these sources, I have concluded that both the activists and the police got black eyes in this incident. This was surprising to me, because twice in the last month (May 17 and May 31), vocal activists and Eugene Police Department officers have peacefully and eventlessly co-existed at the Wayne Morse Free Speech Plaza. Moreover, Sergeant Gilbert, the EPD officer who successfully managed the 2 (5.31.08) and (5.17.08) 4 person teams at Saturday Market was also on the scene at the Ken Kesey Free Speech Plaza on May 30.
The woman (Carly Barnicle?) on the Reams video recounts the story of talking to Ian Van Orden after he talked to the police in the unmarked white SUV. She says “You didn’t threaten to spray them with poison, did you?” and he boasts “Yup!” While she has a point that if the EPD officers in the white SUV were really afraid Mr. Van Orden was spraying poison in public they would have acted immediately, she misses the point that Ian made a very bad decision when he chose to intentionally taunt and lie to the undercover cops.
Truthfully, the whole rally kind of irritates me. A bunch of UO students go disrupt traffic at Willamette and Broadway (4 blocks from where a cyclist would die a few days later) in order to educate Eugene residents that “pesticides are harmful.” Wow. How altruistic for these University of Oregon students to take time out from their studies to come downtown to educate us locals that pesticides can be hazardous to your health. Who knew? I guess I might have read something like that 3 or 4 million times in my life, but I never really totally grokked it until I saw Ian Van Orden, a 19 year old UO student dressed up like a bottle of Roundup. It’s just so clever and meaningful. If anyone doubted how the University of Oregon is just the gift that keeps on giving to the Eugene community, one need look no further than these inspirational anti-pesticide activists.
At the rally yesterday, dozens of students held up signs supporting the “Kesey 3.” More signs and more passion were exhibited regarding roundupgate than was exhibited by the entire UO student body during the entire five years of the Iraq war. From time to time they’d chant “No more tasers!” or “Protect free speech!” I would chant back “Save the whales!” and “Free Willy!” but no one noticed.
Watching the 9 and 3/4 minute video of the earnest, self-absorbed activists and the dozen EPD officers induces a dumb and dumber experience. Yes the pesky peaceniks were asking for it. But why was the first EPD presence in an unmarked car? Why weren’t there four officers on foot during the whole thing to make sure things didn’t get out of control? And given all of the public space available for large scale free speech activities that DON’T disrupt traffic (Wayne Morse Federal Building courtyard, Wayne Morse Free Speech Plaza in front of Lane County Courthouse, EMU Amphitheater, etc.), what were they doing at Broadway and Willamette in the first place?!?!?!
Using a Taser on a man who is 50% handcuffed and being physically restrained by two EPD officers would appear to violate Policy 309.41. There is also clear footage of an EPD kneeling on a handcuffed Mr. Van Orden. Is it really acceptable within EPD policy for an officer to kneel on a handcuffed civilian?
The good news is there is a really motivated and smart reporter covering this story for KVAL. I did not know it was legal for a Eugene television station to hire a male reporter who was heterosexual, lacked a speech impediment and had functional frontal lobes, but apparently it is and this guy brings some much needed neuronal activity to the local news scene.
Andrew Segal told me that he had been in contact with Melinda Kletzok AND one of the three members of the Police Auditor’s Office (Cris, Cari and ?) AND the investigator from Internal Affairs who was just getting back from a training in Walla Walla. I hypothesize it’s Lieutenant Scott Fellman, the IA representative who did the farcical use of force evaluation (2.10.07) after Trotter killed Salisbury (11.16.06).
Andrew is really on the ball. When I started in on my rant about March 9, 2008 when EPD lost its Taser virginity when Officer Jud Warden unloaded his personal electrocution device into Vito Devaliti, an alleged perp armed with a cigar tube he said “Yeah, I asked Melinda about that. She said that since Officer Warden believed that Mr. DeValiti had a weapon, he was justified in shooting him with the Taser.”
Wow. I was impressed. That is exactly the EPD party line on the incident. It doesn’t matter that Officer Warden’s false belief was the result of a 16 year old male committing 162.375 (initiating a false report) and lying to 911.
It doesn’t matter that Officer Warden had NO visual or verbal confirmation of the allegation that the caller’s adversary possessed a firearm made to 911 dispatch. Nope. Why wasn’t that hoodlum arrested for lying to 911? The same sort of deception occurred in the Salisbury shooting. If you’re going to say that Officer Trotter’s shooting was justified because he believed that Ryan Salisbury was homicidal, not suicidal, then you also have to say the reason he believed this is because Denise Salisbury provided false information to 911. But in both cases, there’s no discussion of:
a. whether it was reasonable for the EPD officer to just assume “whatever anyone says to 911 is true” without verbal or visual confirmation of the allegation (see also, Vreim vs. me)
b. why there’s no action taken against the people who caused bodily harm to others as a result of committing misdemeanor 162.375 (lying to 911).
But Andrew hadn’t gotten this far and he seemed satisfied with Melinda’s response. He also seemed very excited that he was getting so much cooperation from the Police Auditor and the IA investigator just back from a training in Walla Walla.
One day, an EPD officer will use a Taser and cause serious injury or death. The victim or victim’s estate will sue the city of eugene as a result of the deliberate indifference to the rights of citizens exhibited by the eugene police department, eugene police commission, civilian review board and eugene city council. The intentional vagueness of Policy 309 drastically increases the likelihood that an EPD officer will unjustifiably deploy a Taser. The victim or victim’s estate might also sue the american snivel liberties union, KVAL, KMTR, KEZI and the R-G for colluding to create the illusion of rationality of Policy 309.
There are at least three different examples from the minutes of the EPC that will be useful to this hypothetical plaintiff.
1. Chief Lehner’s intentional avoidance of precisely quantifying where the Taser is on the use of force continuum (September 13, 2007)
Mr. Brown asked where the Taser would lie on the use-of-force continuum, stating that if it was considered a ‘4’ his decisions would be different than if it was considered a ‘5,’ since ‘6’ was the end. Chief Lehner said the answer was more complex than just saying “between ‘4’ and ‘5’ in that different tools were used for different reasons. He was less comfortable putting Tasers at a particular level than with saying, “this is how it compares to the other tools you have,” comparing risk of injury, and determining the benefit of gaining control of a situation. He said that in most cases he would much rather be Tased than hit firmly with a stick. Chief Lehner emphasized the complexity of the decision, noting that the decision being discussed and debated by the committee over a period of months was one that Officer Williams would have to make in a third of a second, under extreme duress.
2. Chief Lehner’s intentional avoidance of linking Taser use to the process of arresting a person, which would clarify the conditions of use and increase the justifiability of use. (March 13, 2008)
In response to a question from Mr. Valle, Chief Lehner stated that it was not typically part of policy to declare a person under arrest before deploying the Taser. He said the issue was not the arrest, rather it was the behavior of the person. He added that there was almost always an arrest involved.
3. Judge Zennache’s recommendation not to combine Taser with Crisis Intervention Training (October 11, 2007)
Mr. [Lane County Circuit Court Judge Charles] Zennaché said he had done two ride-alongs with Officer Rosales and his dog Luke and was impressed at seeing the K-9 team in action. In response to some of the public comment about CIT officers using Tasers, Mr. Zennaché felt that was “not quite appropriate” because it was hard to de-escalate a situation with conversation when an officer had a Taser out and pointed at someone. He said a Taser should be part of the crisis response, but should not be held by the officer with CIT training.
Sheesh! I didn’t even get to my fascinating interview with Sergeant Gilbert at Saturday Market. Stay tuned!
Even though I was not at the anti-pesticide rally at the Ken Kesey Free Speech Plaza on May 30, I’ve obtained information about it from a variety of sources including:
a. Tim Reams 9 minute and 45 second video (9 minutes of post-incident monday-morning quarterbacking with self-absorbed activists; 45 seconds of raw footage).
b. Oregon Daily Emerald/CommonDreams
c. Eugene Register Guard
d. More media links and pictures
Based on these sources, I have concluded that both the activists and the police got black eyes in this incident. This was surprising to me, because twice in the last month (May 17 and May 31), vocal activists and Eugene Police Department officers have peacefully and eventlessly co-existed at the Wayne Morse Free Speech Plaza. Moreover, Sergeant Gilbert, the EPD officer who successfully managed the 2 (5.31.08) and (5.17.08) 4 person teams at Saturday Market was also on the scene at the Ken Kesey Free Speech Plaza on May 30.
The woman (Carly Barnicle?) on the Reams video recounts the story of talking to Ian Van Orden after he talked to the police in the unmarked white SUV. She says “You didn’t threaten to spray them with poison, did you?” and he boasts “Yup!” While she has a point that if the EPD officers in the white SUV were really afraid Mr. Van Orden was spraying poison in public they would have acted immediately, she misses the point that Ian made a very bad decision when he chose to intentionally taunt and lie to the undercover cops.
Truthfully, the whole rally kind of irritates me. A bunch of UO students go disrupt traffic at Willamette and Broadway (4 blocks from where a cyclist would die a few days later) in order to educate Eugene residents that “pesticides are harmful.” Wow. How altruistic for these University of Oregon students to take time out from their studies to come downtown to educate us locals that pesticides can be hazardous to your health. Who knew? I guess I might have read something like that 3 or 4 million times in my life, but I never really totally grokked it until I saw Ian Van Orden, a 19 year old UO student dressed up like a bottle of Roundup. It’s just so clever and meaningful. If anyone doubted how the University of Oregon is just the gift that keeps on giving to the Eugene community, one need look no further than these inspirational anti-pesticide activists.
At the rally yesterday, dozens of students held up signs supporting the “Kesey 3.” More signs and more passion were exhibited regarding roundupgate than was exhibited by the entire UO student body during the entire five years of the Iraq war. From time to time they’d chant “No more tasers!” or “Protect free speech!” I would chant back “Save the whales!” and “Free Willy!” but no one noticed.
Watching the 9 and 3/4 minute video of the earnest, self-absorbed activists and the dozen EPD officers induces a dumb and dumber experience. Yes the pesky peaceniks were asking for it. But why was the first EPD presence in an unmarked car? Why weren’t there four officers on foot during the whole thing to make sure things didn’t get out of control? And given all of the public space available for large scale free speech activities that DON’T disrupt traffic (Wayne Morse Federal Building courtyard, Wayne Morse Free Speech Plaza in front of Lane County Courthouse, EMU Amphitheater, etc.), what were they doing at Broadway and Willamette in the first place?!?!?!
Using a Taser on a man who is 50% handcuffed and being physically restrained by two EPD officers would appear to violate Policy 309.41. There is also clear footage of an EPD kneeling on a handcuffed Mr. Van Orden. Is it really acceptable within EPD policy for an officer to kneel on a handcuffed civilian?
The good news is there is a really motivated and smart reporter covering this story for KVAL. I did not know it was legal for a Eugene television station to hire a male reporter who was heterosexual, lacked a speech impediment and had functional frontal lobes, but apparently it is and this guy brings some much needed neuronal activity to the local news scene.
Andrew Segal told me that he had been in contact with Melinda Kletzok AND one of the three members of the Police Auditor’s Office (Cris, Cari and ?) AND the investigator from Internal Affairs who was just getting back from a training in Walla Walla. I hypothesize it’s Lieutenant Scott Fellman, the IA representative who did the farcical use of force evaluation (2.10.07) after Trotter killed Salisbury (11.16.06).
Andrew is really on the ball. When I started in on my rant about March 9, 2008 when EPD lost its Taser virginity when Officer Jud Warden unloaded his personal electrocution device into Vito Devaliti, an alleged perp armed with a cigar tube he said “Yeah, I asked Melinda about that. She said that since Officer Warden believed that Mr. DeValiti had a weapon, he was justified in shooting him with the Taser.”
Wow. I was impressed. That is exactly the EPD party line on the incident. It doesn’t matter that Officer Warden’s false belief was the result of a 16 year old male committing 162.375 (initiating a false report) and lying to 911.
It doesn’t matter that Officer Warden had NO visual or verbal confirmation of the allegation that the caller’s adversary possessed a firearm made to 911 dispatch. Nope. Why wasn’t that hoodlum arrested for lying to 911? The same sort of deception occurred in the Salisbury shooting. If you’re going to say that Officer Trotter’s shooting was justified because he believed that Ryan Salisbury was homicidal, not suicidal, then you also have to say the reason he believed this is because Denise Salisbury provided false information to 911. But in both cases, there’s no discussion of:
a. whether it was reasonable for the EPD officer to just assume “whatever anyone says to 911 is true” without verbal or visual confirmation of the allegation (see also, Vreim vs. me)
b. why there’s no action taken against the people who caused bodily harm to others as a result of committing misdemeanor 162.375 (lying to 911).
But Andrew hadn’t gotten this far and he seemed satisfied with Melinda’s response. He also seemed very excited that he was getting so much cooperation from the Police Auditor and the IA investigator just back from a training in Walla Walla.
One day, an EPD officer will use a Taser and cause serious injury or death. The victim or victim’s estate will sue the city of eugene as a result of the deliberate indifference to the rights of citizens exhibited by the eugene police department, eugene police commission, civilian review board and eugene city council. The intentional vagueness of Policy 309 drastically increases the likelihood that an EPD officer will unjustifiably deploy a Taser. The victim or victim’s estate might also sue the american snivel liberties union, KVAL, KMTR, KEZI and the R-G for colluding to create the illusion of rationality of Policy 309.
There are at least three different examples from the minutes of the EPC that will be useful to this hypothetical plaintiff.
1. Chief Lehner’s intentional avoidance of precisely quantifying where the Taser is on the use of force continuum (September 13, 2007)
Mr. Brown asked where the Taser would lie on the use-of-force continuum, stating that if it was considered a ‘4’ his decisions would be different than if it was considered a ‘5,’ since ‘6’ was the end. Chief Lehner said the answer was more complex than just saying “between ‘4’ and ‘5’ in that different tools were used for different reasons. He was less comfortable putting Tasers at a particular level than with saying, “this is how it compares to the other tools you have,” comparing risk of injury, and determining the benefit of gaining control of a situation. He said that in most cases he would much rather be Tased than hit firmly with a stick. Chief Lehner emphasized the complexity of the decision, noting that the decision being discussed and debated by the committee over a period of months was one that Officer Williams would have to make in a third of a second, under extreme duress.
2. Chief Lehner’s intentional avoidance of linking Taser use to the process of arresting a person, which would clarify the conditions of use and increase the justifiability of use. (March 13, 2008)
In response to a question from Mr. Valle, Chief Lehner stated that it was not typically part of policy to declare a person under arrest before deploying the Taser. He said the issue was not the arrest, rather it was the behavior of the person. He added that there was almost always an arrest involved.
3. Judge Zennache’s recommendation not to combine Taser with Crisis Intervention Training (October 11, 2007)
Mr. [Lane County Circuit Court Judge Charles] Zennaché said he had done two ride-alongs with Officer Rosales and his dog Luke and was impressed at seeing the K-9 team in action. In response to some of the public comment about CIT officers using Tasers, Mr. Zennaché felt that was “not quite appropriate” because it was hard to de-escalate a situation with conversation when an officer had a Taser out and pointed at someone. He said a Taser should be part of the crisis response, but should not be held by the officer with CIT training.
Sheesh! I didn’t even get to my fascinating interview with Sergeant Gilbert at Saturday Market. Stay tuned!
michael "go duckie" boguckie
At today’s meeting, board members will have two new reviews to consider. One, from the financial advisory firm Public Financial Management Inc., concludes that the university’s analysis of arena finances based on the use of taxable bonds is accurate. The other, by venue construction advisors Paradigm Economics, assessed the steps the UO took to develop financial projections and the assumptions on which they are based. It found that the university’s process was “familiar, reasonable and well maintained” and that the work submitted by university consulting firm Conventions, Sports and Leisure International “seems to fully satisfy” the expectations for such projects.
Mr. Bogucki holds a B.S. from Ithaca College, where he was a member of the Alumni Board. He received his MBA from The Wharton Graduate School of Business at the University of Pennsylvania. He has served on the Board of Directors of the New York State Chapter of the American Lung Association of New York State, and is a member of numerous other professional and community organizations.
Paradigm Economics
Mr. Bogucki holds a B.S. from Ithaca College, where he was a member of the Alumni Board. He received his MBA from The Wharton Graduate School of Business at the University of Pennsylvania. He has served on the Board of Directors of the New York State Chapter of the American Lung Association of New York State, and is a member of numerous other professional and community organizations.
Paradigm Economics
la grande mac court
People are best persuaded by arguments which they discover on their own. (Blaise Pascal, Pensees 10)
Greg Bolt, Eugene Register Guard, 6.6.08
The controversial plan to use state-backed bonds to build the University of Oregon’s new basketball arena could win final approval today. The state Board of Higher Education, meeting at Eastern Oregon University in La Grande, is set to hold the last vote needed to approve the $227 million, debt-financed plan to build a new basketball arena to replace aging McArthur Court. The 11-member board previously voiced support for the project and is expected to sign off on it. The financing plan has been through numerous analyses by campus groups, state agencies and outside consultants. The result each time has been validation of the plan. At today’s meeting, board members will have two new reviews to consider. One, from the financial advisory firm Public Financial Management Inc., concludes that the university’s analysis of arena finances based on the use of taxable bonds is accurate. The other, by venue construction advisors Paradigm Economics, assessed the steps the UO took to develop financial projections and the assumptions on which they are based. It found that the university’s process was “familiar, reasonable and well maintained” and that the work submitted by university consulting firm Conventions, Sports and Leisure International “seems to fully satisfy” the expectations for such projects.
----
1.Go HERE:
2. Click on “Feasibility Assessment.” This will open a 194 page pdf file prepared by Convention and Sports Leisure International.
The December 17, 2007 document is a Feasibility Assessment of the proposed University of Oregon arena. Pages 2-3 contains a letter written on December 17, 2007 to Ms. Laura Frieder, Special Assistant to University of Oregon Athletic Director Pat Kilkenny. The letter is signed “CSL International.”
I wonder who it was that thought it was appropriate to sign a letter “CSL International.” Craig Skeim? John Kaatz? Bill Rhoda?
I cannot believe that non-lobotomized Oregonians are still debating the plausibility of the CSL, Intl. 12.17.2007 feasibility study. Eyeball the signature. Skim the letter.
“All information provided to us by others was not audited or verified, and was assumed to be correct. Because the procedures were limited, we express no opinion or assurances of any kind on the achievability of any projected information contained herein and this report should not be relied upon for that purpose.”
I encourage all of the members of the Oregon University System Board of Higher Education who are convening today in La Grande to print out pages 1-3 of the 194 page pdf file described above. Once you do, I have no doubt that you will just say no to la grande mac court.
Just undo it!
Thursday, June 5, 2008
309.41
Van Ornum tried to resist arrest and told the officers he was 17 to avoid charges, said [Eugene Police Captain and anti-MADD activist Pete] Kerns. Police escorted him across the street, and when he continued to try to push himself away, they wrestled him to the ground and handcuffed him.
"He pulled away and was swinging the handcuff around," Kerns said, "so they Tasered him. After the first Taser, he continued to struggle. The Taser was used one more time, and they were able to control him."
Eugene Police Department Policy 309.41
Authorized personnel may use the Taser only when circumstances known to the individual officer at the time indicate that the application of the Taser is reasonable to subdue or control:
1. a peron who the officer reasonably believes creates an immediate, credible threat to the physical saafety of himself/herslef, the officer or another person or
2. a person who engages in, or displays the intent to engage in aggressive physical resistance to a lawful police action
Mr. van Ornum was HANDCUFFED when he was tased. Therefore, we can conclude that Captain Kerns believes that a handcuffed teen poses a physical threat to an armed EPD officer.
Of course, this is not the first time an EPD officer assaulted a handcuffed civilian. Officer [ ] punched a handcuffed person in the back of a police car.
"He pulled away and was swinging the handcuff around," Kerns said, "so they Tasered him. After the first Taser, he continued to struggle. The Taser was used one more time, and they were able to control him."
Eugene Police Department Policy 309.41
Authorized personnel may use the Taser only when circumstances known to the individual officer at the time indicate that the application of the Taser is reasonable to subdue or control:
1. a peron who the officer reasonably believes creates an immediate, credible threat to the physical saafety of himself/herslef, the officer or another person or
2. a person who engages in, or displays the intent to engage in aggressive physical resistance to a lawful police action
Mr. van Ornum was HANDCUFFED when he was tased. Therefore, we can conclude that Captain Kerns believes that a handcuffed teen poses a physical threat to an armed EPD officer.
Of course, this is not the first time an EPD officer assaulted a handcuffed civilian. Officer [ ] punched a handcuffed person in the back of a police car.
Wednesday, June 4, 2008
communication breakdown
On September 11, 2001 Jules and Gedeon Naudet were at Engine 7, Ladder 1 in New York City filming a documentary. There are dozens (hundreds?) of videos of UA175 hitting the south tower at 9:03 a.m. Jules Naudet took the only video of AA11 hitting the north tower at 8:46 a.m.
Their documentary was on tv on Sunday, September 10, 2006. It contains video from inside the south tower where the firefighting command center was. It is widely known that the physical incompatibility of communication devices across first responders (police, fire, etc.) made the overwhelming task even more difficult. There’s a scene in the documentary that demonstrates a different type of communication problem that is just as deadly as the “my walkie-talkie can’t talk to yours” problem.
There’s something really sad about the image of those firefighters carrying heavy gear going up the stairs while the civilians are rushing out. One firefighter (A) going up encounters another firefighter (B) coming down. Fireman B tells Fireman A that things are really bad up there and that the police in the helicopters advise immediate egress.
But Fireman B doesn’t say it like this. And even though B’s just been there AND has been in communication with the police helicopters, A thinks A knows better than B and A goes up and is never seen again. This is much more serious than the radio incompatability problem. I don’t know if the fire chief ever issued an order like “abort all efforts to eliminate or mitigate the fire. your job is to facilitate egress including your own. repeat. facilitate egress only.” He should have, maybe right after the north tower fell at 10:30 a.m., almost seven hours before the south tower fell at 5:20.
Their documentary was on tv on Sunday, September 10, 2006. It contains video from inside the south tower where the firefighting command center was. It is widely known that the physical incompatibility of communication devices across first responders (police, fire, etc.) made the overwhelming task even more difficult. There’s a scene in the documentary that demonstrates a different type of communication problem that is just as deadly as the “my walkie-talkie can’t talk to yours” problem.
There’s something really sad about the image of those firefighters carrying heavy gear going up the stairs while the civilians are rushing out. One firefighter (A) going up encounters another firefighter (B) coming down. Fireman B tells Fireman A that things are really bad up there and that the police in the helicopters advise immediate egress.
But Fireman B doesn’t say it like this. And even though B’s just been there AND has been in communication with the police helicopters, A thinks A knows better than B and A goes up and is never seen again. This is much more serious than the radio incompatability problem. I don’t know if the fire chief ever issued an order like “abort all efforts to eliminate or mitigate the fire. your job is to facilitate egress including your own. repeat. facilitate egress only.” He should have, maybe right after the north tower fell at 10:30 a.m., almost seven hours before the south tower fell at 5:20.
tiff on decision list
I've been having a bit of an off-list tiff with a moron on the decision list, rex brown.
O-fully inconceived idea
The University of Oregon was dealt a major setback today when a city hearings official ruled it must seek a conditional use permit before starting construction of its $227 million basketball arena.
The ruling potentially adds several months to the planning process. But it’s unclear whether that will cause builder to miss the summer construction season or push back the arena’s planned opening in fall 2010.
Hearings offical Anne Corcoran Briggs overturned a decision by the city planning staff that found the arena was an extension of the university and did not need a conditional use permit. Residents of the nearby Fairmount neighborhood challenged the city’s decision, arguing that the arena is more like a separate entertainment venue than a university building.
University officials were still reviewing the seven-page decision this morning. They could decide to appeal to the state Land Use Board of Appeals or move forward under the conditional use process.
If they move forward, a public hearing will be required to hear challenges and concerns about the project. The hearings officer would then decide what conditions the UO has to meet to proceed with construction.
The ruling potentially adds several months to the planning process. But it’s unclear whether that will cause builder to miss the summer construction season or push back the arena’s planned opening in fall 2010.
Hearings offical Anne Corcoran Briggs overturned a decision by the city planning staff that found the arena was an extension of the university and did not need a conditional use permit. Residents of the nearby Fairmount neighborhood challenged the city’s decision, arguing that the arena is more like a separate entertainment venue than a university building.
University officials were still reviewing the seven-page decision this morning. They could decide to appeal to the state Land Use Board of Appeals or move forward under the conditional use process.
If they move forward, a public hearing will be required to hear challenges and concerns about the project. The hearings officer would then decide what conditions the UO has to meet to proceed with construction.
felonious negro
An Oregon football recruit faces two felony charges stemming from a brawl between students at rival high schools in Stockton, Calif.
Dewitt Stuckey, 19, was arrested Tuesday and released from San Joaquin County Jail on $75,000 bail after being charged with felony counts of battery with serious bodily injury and assault with a deadly weapon or force likely to produce great bodily injury.
San Joaquin (Calif.) County prosecutors announced Friday they won’t pursue felony assault and battery charges against Stuckey following his arrest Tuesday by Stockton police. Stuckey, 19, was suspected in the May 23 beating that left Ray Guyton, 18, with a broken jaw during a melee between students from rival high schools.
------
To San Joaquin County District Attorney James P. Willett
Re: dropping felony assault charges against UO football recruit
Thank you for dropping the felony assault charges against Dewitt Stuckey, a University of Oregon football recruit. http://www.registerguard.com/csp/cms/sites/dt.cms.support.viewStory.cls?cid=105508&sid=21&fid=1
What's a little assault and battery when someone is so skilled at kicking around a dead pig on astroturf! And you can never have too many felonious negroes in a city, I always say. I cannot wait until Mr. Stuckey arrives in Eugene to start a promising career engaging in pointless behavior involving the kicking and throwing of dead pigs. What a fine addition this fine young man will make in our community!
I'm curious about whether Doug Harcleroad, Patty Perlow, Mike Clark or any other Friends of Alex Gardner flew down to Stockton to persuade you using "oral" arguments.
Thanks,
Deborah Frisch, Ph.D.
Eugene, OR
former director
Decision, Risk and Management Sciences Program
National Science Foundation
war$hington, d.c.
P.S. I see San Joachin County has all d*cks and no beavers on its board of commissioners, just like laMe county, Oregon. way to go, hombres!!!!
gotcha, copper!
This officer is Tasering a 160 pound 19-year-old who is on the ground, probably handcuffed and being restrained by another officer. Wow.
Tuesday, June 3, 2008
gateway judges
I'd like to thank all of the limp-loped judges I've encountered in the last two years for motivating and training me to identify the pathology in the thinking of Federal Court Judge Thomas Coffin.
the dingbat retired Colorado Supreme Court Justice
Judge Robert Crew, Denver County Bar and Courthouse, colleague of Jose Cuervo
what's his name in Colorado Springs
the dingbat retired Colorado Supreme Court Justice
Judge Robert Crew, Denver County Bar and Courthouse, colleague of Jose Cuervo
what's his name in Colorado Springs
allegedly honorable thomas coffin
Tom Coffin was an assistant United States attorney for the Department of Justice in California and Oregon. He served as chief of the Criminal Division in California. In Oregon, he served as supervisory attorney for the Southern Division. He is a United States magistrate judge for the U.S. District Court.
-----
I have not examined very many legal cases but I think it’s rare to see such a clear-cut example of perjury as in Federal Case 04-01021, especially by a former police chief in a Federal suit against a city. Mr. Buchanan’s claim on November 27, 2005 that he did not learn about the allegations against Magana until June, 2003 is inconsistent with his claim in his deposition to Ms. Burrows on [unknown date] that he remembers talking to IA auditor Lankford about Jessica Dean’s complaint in April, 2002. Since the statement in Mr. Buchanan's deposition to Ms. Burrows is consistent with the testimony of others, it's a safe bet that's the true statement and the 11.27.05 statement is the false one.
I guess Federal Judge Coffin missed the day in law school when they did perjury and other crimes against justice.
je t'aime, brigitte!
Brigitte Bardot was convicted Tuesday of provoking discrimination and racial hatred for writing that Muslims are destroying France. In the December 2006 letter to Sarkozy, now the president, Bardot said France is "tired of being led by the nose by this population that is destroying us, destroying our country by imposing its acts."
Bardot, 73, was referring to the Muslim feast of Aid el-Kebir, celebrated by slaughtering sheep.
---
Chere Brigitte,
Merci beaucoup pour avoir les cajones grandes. Vous etes malheureuse parce que les musulmans aiment tuer les moutons parce qu'ils pensent que dieu veux ca. Moi aussi - je pense que c'est degoutant.
Mais les juifs fait le meme chose a Yom Kippur avec les poulets (kapporot)! C'est degoutant aussi, n'est-ce pas!
Tu va, fille!
Deborah Frisch, Ph.D.
Eugene, OR
Etas Unis
Monday, June 2, 2008
the tao of magana
November 27, 2005 (page 3) Affadavit of [former Eugene Police Chief] Thad Buchanan in support of motion for summary judgment by Defendant City of Eugene
“At no time until the department began officially investigating Roger Magana for criminal activities in June 2003 did I become aware of his alleged sexual assaults against women while he was a police officer.”
March 6, 2006 (page 17) Opinion and Order by Federal Judge Thomas Coffin rejecting defendant’s motion for summary judgment
It is clear that by April 2002 Chief Buchanan was aware of a June 1, 2001 complaint made by Jessica Dean to the Eugene Police Department about the behavior of Magana. That complaint alleged that on May 31, 2001, Magana, while on patrol, stopped Dean early in the morning, begann asking her personal questions, and offered that he was going to be off work for the next several days. Dean felt the questions and statements were inappropriate, and complained to the department. Sergeant Harris of the EPD investigated....
Ultimately, this case was reviewed by the IA auditor, who then brought it up with the Chief of Police as part of his audit report. In his deposition, Chief Buchanan testified that:
Q. Do you recall discussing a complaint against Officer Magana in that meeting with [IA auditor] Lankford?
A. Yes.
Police Evade Real Justice Unless Rebels Yell
“At no time until the department began officially investigating Roger Magana for criminal activities in June 2003 did I become aware of his alleged sexual assaults against women while he was a police officer.”
March 6, 2006 (page 17) Opinion and Order by Federal Judge Thomas Coffin rejecting defendant’s motion for summary judgment
It is clear that by April 2002 Chief Buchanan was aware of a June 1, 2001 complaint made by Jessica Dean to the Eugene Police Department about the behavior of Magana. That complaint alleged that on May 31, 2001, Magana, while on patrol, stopped Dean early in the morning, begann asking her personal questions, and offered that he was going to be off work for the next several days. Dean felt the questions and statements were inappropriate, and complained to the department. Sergeant Harris of the EPD investigated....
Ultimately, this case was reviewed by the IA auditor, who then brought it up with the Chief of Police as part of his audit report. In his deposition, Chief Buchanan testified that:
Q. Do you recall discussing a complaint against Officer Magana in that meeting with [IA auditor] Lankford?
A. Yes.
Police Evade Real Justice Unless Rebels Yell
serpico vs. slurpeeco
On June 30, 2004, a Lane County Circuit Court jury found former Eugene Police Officer Roger Magana guilty on 41 of the 48 charges filed against him by Lane County Deputy District Attorney Bob Lane including first degree rape and kidnapping.
On July 13, 2004, Lane County Circuit Court Judge Karsten Rasmussen sentenced Magana to 94 years in prison, about 2.3 years per each of the 42 felonies committed while wearing a Eugene Police Department badge.
On July , 2004 the Eugene Register Guard warned of the financial calamity that could result for the city of Eugene if the city lost any of the civil suits filed against it in Federal Court.
On August 11, 2005 one of the lawsuits against Magana was settled for $667,000.
On March 6, 2006 Federal Judge Thomas Coffin Opinion and Order rejecting the City of Eugene’s motion for summary judgment regarding civil suits filed by the victims of former Eugene Police Officer Magana ’s felony convictions.
On April 21, 2006 one of Magana’s victims settled for $900,000.
On May 20, 2006
On June 6, 2006, the The final six settlements announced Tuesday totaled $1.475 million and ranged from $120,000 to $390,000 each.
Eugene lawyer Greg Veralrud, represented nine of the 14 women who sued the city, remaining suits were settled all of the suits had been settled for $5 million, at least $1 million of which went to lawyer fees.
bob welch, columnist extraordinaire
Bob Welch is the only regular local columnist in the inbredgister guard. He's kind of like Garrison Keillor without the wit or wisdom - just unbelievably bland, awkward sentence construction and oozing with Christian, middle-class, Republican interests (baseball, football, hunting, nostalgia).
Yesterday's column is almost a parody of itself - Bob has no idea how trite and cliched his kooky kristian putdown of Eugene is.
Yesterday's column is almost a parody of itself - Bob has no idea how trite and cliched his kooky kristian putdown of Eugene is.
Sunday, June 1, 2008
too bad
this chubby epd officer didn't interview aaron heyer on the morning of march 4, 2007!
more you, jean police [i don't think they did anything wrong in this one. it was the stupid stoner morons]
more stupid stoners [are you infidel?]
seattle quickie
3 cops getting tasered (fayetteville, georgia)
more you, jean police [i don't think they did anything wrong in this one. it was the stupid stoner morons]
more stupid stoners [are you infidel?]
seattle quickie
3 cops getting tasered (fayetteville, georgia)
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