posted Apr 8, 2013, 10:06 AM by Cristina Damiani
On March 29, 2013, Multnomah County Judge Diana Stuart
rejected a request by double murderer Mark Beebout to change his name to Yunus
Mohammed -- questioning his stated intention that he wants to make the switch
for purely religious reasons. Beebout’s name change petition was opposed
by the family of Nikayla Powell, one of Beebout’s victims, who was represented
in the matter by OCVLC’s Legal Director, Rosemary Brewer, and Pro Bono Attorney
and OCVLC Board Member Erin K. Olson.
Beebout filed his name change petition shortly before being
sentenced to two consecutive life terms following his guilty pleas to two
counts of aggravated murder. OCVLC’s attorneys cited cases from other
states in which convicts’ efforts to change there name were rejected by courts as
being inconsistent with the public interest. Oregon law also contains a
public interest exception to the otherwise absolute right to change one’s name,
and Judge Stuart relied upon that exception in denying Beebout’s name change
petition. In addition to questioning his stated religious motivation,
Judge Stuart made reference to the fact that Beebout is a registered sex
offender whose registration and underlying sex offense conviction (for sexually
assaulting a 14 year-old girl) is in his “Beebout” name, he has been convicted
of failing to register as a sex offender in the past, and that the victims’
families and friends are members of the public who had made it clear in their
letters and e-mails to her that allowing Beebout to change his name was not in
their interest.
Beebout can appeal the denial of his petition to the Oregon
Court of Appeals if he so chooses.
Related news article |
posted Apr 3, 2013, 10:53 AM by Cristina Damiani
In 2013, the National Crime Victims’ Rights Week will be observed April 21-27 and the theme is “New Challenges, New Solutions.”
This year's US Department of Justice's Office for Victims of Crime Awards
Ceremony is scheduled for Wednesday, April 24, 2013, in Washington,
D.C.
This annual event is held to recognize individuals and organizations that demonstrate
outstanding service in supporting victims and victim services. The award
recipients are selected from public nominations in nine categories. The honorees are announced and
honored at the ceremony.
| Date: | April 24, 2013 |
| Time: | 2:00 – 3:30 pm (ET) |
| Location: | Department of Justice, Office of Justice Programs
810 7th Street, NW, Main Ballroom (3rd Floor)
Washington, DC |
|
posted Feb 1, 2013, 12:21 PM by Cristina Damiani
The Oregon Crime
Victims Law Center (OCVLC) has successfully prevented the release of victims' private
records in several cases recently, helping victims protect their privacy and
assert their rights. First, in Klamath County, a defendant filed a
subpoena for a number of a juvenile victim's records, including school and
counseling records. The OCVLC challenged the subpoena on behalf of the
victim, arguing that the subpoena was overbroad, the records were privileged
and the defendant had no constitutional or statutory right to the
records. The judge, following a hearing on the matter, agreed to do an in
camera review of some of the counseling records and quashed the subpoena for
the majority of the records.
In a case in Columbia County, a defendant had filed subpoenas for a victim's
school, counseling and medical records. Again the OCVLC responded on
behalf of the victim, challenging the subpoenas on the grounds that they were
overbroad, immaterial, and nothing more than a "fishing expedition" on
the part of the defendant. The Court agreed, and quashed all of the
subpoenas.
The OCVLC also stepped in on behalf of a victim in Jackson County. In
that case the defense was seeking the counseling records of a minor
victim. Again the OCVLC filed a motion to quash the subpoena, arguing
that the defendant had not made a sufficient showing that the records were
material and favorable to the defense, as required. The Court agreed with
the legal argument put forth by the Center and granted the Motion to Quash.
Protecting the right to privacy is critical to preventing re-traumatizing a
victim who has already suffered harm, and the OCVLC will continue to fight for
victims' protection from invasive discovery requests. |
posted Nov 14, 2012, 10:01 AM by Cristina Damiani
[
updated Nov 14, 2012, 10:01 AM
]
A Columbia County Circuit Court judge has
quashed most of a criminal defense attorney's trial subpoena of documents from
the mother of a child sex-abuse victim.
The judge ruled that the defense may subpoena only three of 27 categories of
documents from a list that ran three and one-half, single-spaced pages.
A pro bono attorney for the Center had challenged the subpoena on the grounds
that it was overbroad and that the defendant had no statutory or constitutional
authority to obtain all, or most, of the documents sought. The subpoena covered
everything from records relating to the mother's other five children, none of
whom are named in the indictment, to her family's correspondence with male
felons.
"The Court's first impression of that subpoena
duces tecum is
overbroad, a fact that counsel for the Defendant essentially admitted at
argument on the motion to quash," Judge Steven B. Reed said in a written
opinion dated Nov. 8.
Reed went on to address all 27 categories of documents individually, using such
phrases as "fishing expedition" and "hugely overbroad."
The defendant is charged with committing 47 felony sexual crimes against the
victim - his daughter - in 2010.
|
posted Oct 19, 2012, 11:04 AM by Cristina Damiani
[
updated Oct 19, 2012, 1:34 PM
]
On October 17, 2012
the Oregon Crime Victims Law Center appeared before the Board of Parole and
Post-Prison Supervision on behalf of the families of four of the victims of
the "Oregon Five," inmates who were convicted of aggravated murder in
the years between 1989 and 1995. Legal Director Rosemary Brewer helped
persuade the Board that the inmates should serve the maximum term allowable,
228 months, for each count of aggravated murder.
Sterling Cunio was convicted in 1994 of the kidnapping, robbery, and murder of
18 year old Bridget Camber and her 21 year old fiance, Ian Dahl. Cunio
was 16 at the time of the crimes. Cunio was sentenced to life in prison,
and in 1999 the Board of Parole set his prison term. In 2011 the Oregon
Supreme Court ruled that the Board of Parole had exceeded its authority in
setting a term for a juvenile and ordered a new prison term hearing.
At the hearing the two-member Board unanimously decided that Cunio should serve
a term of 228 months for each of the two counts of aggravated murder, to run
consecutive, the maximum time allowable under the sentencing matrix that was
available at the time. When that sentence is complete, Cunio will serve
additional time for his convictions on the kidnapping and robbery
charges.
Arguing against Cunio's early release were Benton County Deputy District
Attorney David Amesbury, Ian Dahl's mother, aunt and stepfather, and Bridget
Camber's mother, father and sisters. Ms. Brewer argued on behalf of Ian
Dahl's uncle.
The final two members of the Oregon Five, Lydell and Laycelle White, also had
their prison term hearings on the 17th. The OCVLC represented the family
of Richard and Grace Remy, the victims of the Whites. In August of 1993,
the Whites broke into the Remys' Salem home, beat and stabbed the couple to
death, then stole their automobile. Richard Remy was 82 years old, while
Grace Remy was 80 years old. The evidence showed that the White brothers
planned their crime and actively sought out an elderly couple. The Whites
were sentenced to life terms with a minimum of 30 years for aggravated murder,
with an additional 800 months for murder to run consecutively. The 2011
Supreme Court decision regarding juveniles convicted of aggravated murder gave
the Whites another opportunity for a prison term hearing.
At the hearing the Board unanimously decided that the Whites should serve the
maximum allowable term of 288 months for aggravated murder, which will be
followed by the 800 month sentence for murder.
Arguing against the White
brothers' release was Marion County Deputy District Attorney Katie Suver.
Rosemary Brewer argued on behalf of the Remy family.
Related News
|
posted Sep 26, 2012, 10:13 AM by Cristina Damiani
On September 25,
2012, the Oregon Board of Parole and Post-Prison Supervision released its
decision in the murder review hearing of inmate Andrew Metz, finding Metz not
capable of rehabilitation within a reasonable period of time.
Additionally, the Board has extended the time period before Metz can reapply to
four years from the usual two. The Oregon Crime Victims Law Center
represented the family of Metz's victims, Duncan and Ellen McKinnon, at the
hearing on July 11 at the Oregon State Penitentiary. In more than forty
previous murder review hearings, on only one other occasion has the Board
extended the time period before the inmate can reapply.
Mr. and Mrs. McKinnon were murdered by Metz in September, 1991, while
vacationing with their daughter in Seaside. As the McKinnons slept in
their hotel, Metz entered their room through an open window and viciously
stabbed the couple to death. Their daughter, who was staying across the
hall, heard the commotion and came out of her room, encountering Metz as he
exited her parents' room. Metz had blood on his face and ran down the
hallway. The McKinnons' daughter went into the room and found her mother
dead, and her father dying. Mr. McKinnon, who was 72 years old, died as
he was being transported to a Portland hospital. Mrs. McKinnon was
68. Metz had stolen jewelry and a wallet from the McKinnons.
The OCVLC submitted a memo to the Board prior to the hearing arguing that Metz
had not shown he was capable of rehabilitation and asking the Board to defer
Metz's next hearing for a period of ten years. At the hearing, Rosemary
Brewer read the statements of the McKinnons' daughter as well as their
grandchildren. The McKinnons' son Michael presented a statement, as did
Clatsop County District Attorney Joshua Marquis, who prosecuted Metz for the
murders. Senator Elizabeth Johnson (D-Scappoose) also attended the
hearing.
Upon hearing the news, Michael McKinnon said, "On behalf of my family, I
am beyond grateful for your efforts, the efforts of all that have been involved
and for the decision the Parole Board has reached."
Related news
|
posted Aug 16, 2012, 11:07 AM by Cristina Damiani
[
updated Aug 16, 2012, 11:17 AM
]
A Columbia County Circuit Court judge today [Aug. 15] told a
criminal defense attorney, in no uncertain terms, that a civil child-custody
case was no place to go looking for discovery to assist in a criminal case.
“Civil cases are not to be used as a tool for discovery in
criminal cases,” Judge Jenefer Stenzel Grant said at a hearing on the
attorney’s request to be allowed to depose his client’s 12-year-child and her
mother and to obtain certain documents from them in the child-custody case.
The attorney’s client is scheduled to begin trial on Aug.
21, before a different Columbia County judge, on charges that he repeatedly
sexually assaulted that child in late 2010.
The attorney, who also represents the child’s father in the
civil custody case, previously had told that Court that “The documents that are
most time sensitive are those documents that will be helpful to respondent in
preparing his defense for his criminal case.”
Prior to today’s hearing, Portland attorney and OCVLC Board Secretary/Treasurer Erin Olson, who
represents the victim and her mother on victims’ rights issues, had filed a
Claim of Violation of Crime Victims’ Rights in connection with the attorney’s
requests, arguing that they violated their right, under the Oregon
Constitution, to refuse a deposition or other discovery request by the criminal
defendant or another person acting on the defendant’s behalf. The mother’s
attorney in the child-custody case also had asked the Court for a protective
order barring the same discovery requests. Grant agreed to sign the order,
which mooted the rights violation claim.
In doing so, Grant rejected out-of-hand the defense
attorney’s argument that the child’s mother had waived her and her daughter’s
right to refuse defense discovery requests when she filed the custody petition
in May 2012.
“I completely disagree,” she told the attorney. “I’m just
not going to make the civil case a vehicle for discovery in the criminal case.
End of story.”
“Now,” she told him, “what you are left with is what you are
entitled to under the criminal discovery rules. I think you are entitled to
discovery from the State. I’m not aware that you are entitled to
discovery from the victim.”
A hearing on one of the defense attorney’s subpoenas for
information from the State is scheduled for next week before the criminal-trial
judge. The Oregon Department of Justice is opposing that subpoena on the
State’s behalf.
|
posted Jul 13, 2012, 11:22 AM by Cristina Damiani
OCVLC Legal Director Rosemary Brewer represented the family of Duncan and Ellen McKinnon at
inmate Andrew Metz's murder review hearing before the Board of Parole and
Post-Prison Supervision on July 11 at the Oregon State Penitentiary. The
only issue for review at the hearing is whether the inmate is capable of
rehabilitation within a reasonable amount of time. The inmate has the
burden of proving by a preponderance of the evidence that he is capable of
rehabilitation.
Mr. and Mrs. McKinnon were murdered by Metz in September, 1991, while
vacationing with their daughter in Seaside. As the McKinnons slept in
their hotel, Metz entered their room through an open window and viciously
stabbed the couple to death. Their daughter, who was staying across the
hall, heard the commotion and came out of her room, encountering Metz as he
exited her parents' room. Metz had blood on his face and ran down the
hallway. The McKinnons' daughter went into the room and found her mother
dead, and her father dying. Mr. McKinnon, who was 72 years old, died as
he was being transported to a Portland hospital. Mrs. McKinnon was
68. Metz had stolen jewelry and a wallet from the McKinnons.
The OCVLC submitted a memo to the Board prior to the hearing arguing that Metz
had not shown he was capable of rehabilitation and asking the Board to defer
Metz's next hearing for a period of ten years. At the hearing, Brewer read the statements of the McKinnons' daughter as well as their
grandchildren. The McKinnons' son Michael presented a statement, as did
Clatsop County District Attorney Joshua Marquis, who prosecuted Metz for the
murders. Senator Elizabeth Johnson (D-Scappoose) also attended the
hearing.
The Board is deliberating and will release its' decision within the next few
weeks.
Related News Article
|
posted Jun 14, 2012, 4:35 PM by Cristina Damiani
OCVLC Legal Director Rosemary
Brewer represented the family of one of Gillmore's victims, who was 13
years old at the time of the crime. Although Gillmore was sentenced in 1988 to
at least 30 years in prison with a 60-year maximum, the parole board cut the
minimum sentence in half. Gillmore was last up for parole in 2010.
The Multnomah County District Attorney's Office and OCVLC argued on June 13,
2012, that Gillmore should be kept in prison for 10 years before being
considered for parole again. While two of the three parole board members voted
to defer another hearing for five years, one member voted to release Gillmore
in October of this year. |
posted Jun 12, 2012, 4:39 PM by Cristina Damiani
[
updated Jun 13, 2012, 10:09 AM
]
The Oregon Crime Victims Law Center was
selected to represent the city of Portland in a fundraiser for nonprofits
called Twive and Receive, put on by Razoo.com. As the only Oregon nonprofit
participating in this campaign, donations to OCVLC through Twive and Receive
could also help name Oregon the country’s most generous state.
The information and donation
page for OCVLC’s “Keep the Doors Open for Crime Victims” campaign can be found
at http://twive.razoo.com/story/Keep-The-Doors-Open-For-Crime-Victims.
Although OCVLC accepts
donations all-year long,only donations submitted on Thursday, June 14 will count toward the
Twive and Receive contest. The 24-hour fundraiser starts at 12 am Pacific Standard Time, ending at 12 am that night.
The organization which
raises the greatest amount of money through donations in that span of 24 hours
wins a monetary award from Razoo! The first place winner will be awarded
$15,000, the second place winner $10,000, and the third place winner $5,000.
Tweet
|
|
