On February 18, 2014, the Oregon Board of Parole and Post-Prison Supervision deferred the release date of inmate Dail Yates for a period of four years. In a unanimous decision, the Board found that Yates has a present severe emotional disturbance that cannot be sufficiently controlled to protect the health and safety of the community.
Yates pleaded guilty in 1990 for the murder of Shelley Elkins, 20, in Clackamas County. Ms. Elkins was the fiance of Yates' cousin, and was attacked by Yates in her home. After strangling Ms. Elkins to death, Yates called his mother, then held a gun and refused to allow police or medical personnel into the home for hours. During lengthy questioning by the Board, Yates called the murder of Ms. Elkins "a bad choice" that he made. The Board found that Yates displayed a total lack of understanding why he committed the murder, and that he showed "no remorse or empathy" for the death of Ms. Elkins. Board member Sid Thompson said he was struck by how "cold and emotionless" Yates was as he described killing Ms. Elkins. Yates' release was opposed by the Clackamas County District Attorney's Office, represented by Bill Stewart, as well as by Ms. Elkins' sister, mother, father, other family members, and friends of the family. Rosemary Brewer, Legal Director of the OCVLC, argued against Yates' release on behalf of Ms. Elkins' father. As a nonprofit focused on providing no cost legal services to crime victims, the Oregon Crime Victims Law Center (OCVLC) has been busy the past few months providing a variety of services to crime victims of all types and from areas around the state.
In Columbia County, OCVLC successfully helped a child sex abuse victim and her family assert their right to a speedy trial in a case that had been pending since 2012. After OCVLC got involved, no further continuances were requested and the defendant ultimately settled the case through a plea deal. In Clackamas County, OCVLC agreed to help a stalking victim with the legal issue of clarifying her Stalking Protective Order, originally granted in 2001. Since that time, due to court error on the original judgment, it had become unclear whether the order was permanent and should be entered into law enforcement databases. OCVLC filed a motion to correct the judgment on the victim’s behalf, and the Court granted the motion and signed a new, corrected, permanent Stalking Protective Order. In Clatsop County, OCVLC attorneys were able to persuade the court to seal the testimony of the victim in a rape case after the victim discovered that a person not associated with the case was attempting to get a copy of it. Upon a showing of good cause to seal the records, the court agreed that the victim would only be "re-victimized" were the testimony to be released. Finally in Multnomah County, a crime victim who had also obtained a restraining order requested help with an upcoming contested restraining order. OCVLC represented the victim in the restraining order case and also helped the victim through the process of the defendant pleading guilty in the criminal case, by helping her assert her right to speak at that critical stage hearing. After pleading guilty, the defendant withdrew his request for a contested restraining order hearing. OCVLC has once again prevented the pretrial release of a victim’s private records, challenging invasive defense subpoenas in a child sex abuse case.
In December 2013 and January 2014, a Klamath County Circuit Court judge quashed two rounds of defense subpoenas seeking personal medical and counseling records of a minor sex abuse victim. OCVLC stepped in on behalf of the victim and asked the court not to allow the defendant to abuse the subpoena process to go on a “fishing expedition” for information about the victim’s past. OCVLC argued that the defendant had not made a sufficient showing that the records were material and favorable to the defense, and therefore those records had been inappropriately subpoenaed prior to trial. The Court agreed with OCVLC’s arguments and quashed the subpoenas, allowing the defendant only the ability to subpoena the records directly to trial, where the Court would then require a threshold showing by the defense before reviewing any of the records. On January 22, 2014 the Oregon Crime Victims Law Center (OCVLC) helped to persuade the Oregon Board of Parole and Post Prison Supervision that an inmate who bludgeoned and strangled a Portland man to death in 1987 should serve at least another two years in prison. Scott Wickee, along with co-defendant Kevin Roper, were found guilty of aggravated murder and sentenced to life in prison.
Board member Candace Wheeler told Wickee that he "continues to minimize" his role in the murder of Eddie Lee "Bobby" Gibbs. "You seem to just feel sorry for yourself," Wheeler noted. The Board set a new potential release date of April 2016. The Board unanimously found that Wickee has a "present severe emotional disturbance that would make (him) a danger to the community if released." In his description of the murder of Mr. Gibbs, Wickee downplayed his role, and claimed that he never expected the murder to happen, despite evidence of significant planning in advance by Wickee and Roper. Wickee's release was opposed by Multnomah County Deputy District Attorney Amity Girt, as well as Mr. Gibbs' mother, sister, and brother. Rosemary Brewer, Legal Director of the OCVLC, argued on behalf of Mr. Gibbs' brother-in-law, Dennis Doern. We are excited to announce that the Oregon Crime Victims Law Center has moved to a new location!
Our new physical/mailing address is: 7412 SW Beaverton-Hillsdale Hwy Suite 111 Portland, OR 97225 The new office is in an accessible and desirable location for our clients, attorneys and professional staff. It is close to major highways and public transportation, and, unlike our previous downtown location, it offers free parking! Photo of our new building, courtesy of American Property Management. We are pleased to announce the hire of Melanie Kebler as our new staff attorney. Melanie spent four years as a prosecutor in both Lincoln and Yamhill Counties, focusing on crimes of domestic violence and sexual assault. Throughout her career as a prosecutor, Melanie worked closely with victims and victim advocates to ensure that crime victims understood the criminal justice system and were treated fairly within it. She also worked hard to achieve just results in each criminal case, to hold offenders accountable, and to achieve protection and restitution for victims.
As a staff attorney for OCVLC, Melanie will be handling cases involving victims of any crime around the state. We are confident she will continue to uphold the OCVLC’s standard of providing expert, no-cost legal representation that clients of OCVLC have come to expect. Prior to attending law school at Lewis and Clark Law School in Portland, Melanie graduated from the University of Michigan in 2005. She joins legal director Rosemary Brewer and administrative director and victim advocate Cristina Damiani. The Board of Parole and Post-Prison Supervision has deferred the release of inmate Sidney Dean Porter, convicted of aggravated murder in the 1992 beating death of John Day police officer Frank Ward. Porter's new projected release date is in June 2015. The Oregon Crime Victims Law Center represented Ben Ward, the brother of Frank Ward, at the Parole Board hearing held on September 30, 2013.
According to the Board of Parole, Porter "failed to demonstrate a full understanding of his criminal offense." During the hearing, Porter's version of the events of the evening of April 8, 1992 differed substantially from witness accounts and investigative reports.The Board found that Porter "minimized his actions" in describing the murder of Officer Ward, and that he "understated his history of domestic violence." "I'm just glad the whole truth came out. The Board heard what really happened that night," said Ben Ward. Rosemary Brewer, legal director of OCVLC, submitted a memo in opposition to Porter's release on behalf of Ben Ward, who spoke at the hearing. Grant County District Attorney Ryan Joslin also argued against Porter's release. Related News On October 9, 2013, the Oregon Crime Victims Law Center helped to persuade the Oregon Board of Parole and Post-Prison Supervision that an inmate who orchestrated the beating death of a 21-year-old Oregon City man that he should spend at least another 48 months behind bars.
The Board had previously set a release date for Tony Wik of January 24, 2014, but after deliberating unanimously concluded that the inmate had a present severe emotional disturbance that would make him a threat to the safety of the community. At the hearing, Wik continued to deny that he planned and carried out the murder of Rob Elledge, a man Wik said he considered his "best friend." After questioning Wik for more than two hours, board vice-chair Candace Wheeler told him, "Frankly. you're not credible." Wik was convicted of felony murder, burglary and hindering prosecution, and given a sentence of life with a minimum of 25 years with five years consecutive for hindering prosecution in 1987 by Clackamas County Circuit Court Judge Raymond Bagley. An Oregon Supreme Court holding in 2010 required the board to set a possible release date for the inmate if it found that he was likely to be rehabilitated, even though he has not yet completed his 30 year minimum sentence. OCVLC represented Rob Elledge's parents, Mary and Robert, in opposing Wik's release. Also appearing at the hearing were the victim's sisters and brother-in-law. Clackamas County Deputy District Attorney Al French also spoke in opposition to the release. Rosemary Brewer, legal director of OCVLC, argued on behalf of Robert Elledge. Related News The Oregon Crime Victims Law Center successfully represented the family of murder victim Eddie Gibbs at a hearing before the Board of Parole and Post-Prison Supervision on July 16, 2013. Gibbs was 20 years old at the time he was murdered in 1987 by Kevin Roper and Scott Wickee. Wickee and Roper pleaded guilty to aggravated murder and received sentences of life in prison.
After hearing from Roper, a supporter of Roper, a Multnomah County Deputy District Attorney, OCVLC Legal Director Rosemary Brewer, and family members of Eddie Gibbs, the Board decided to defer Roper's release date for two years. He has a potential release date of February 14, 2016. Two members of the Board found that Roper has a present severe emotional disturbance that makes him a danger to the safety of the community, while one Board member was in favor of Roper's release. The family of Eddie Gibbs asked the Board to defer Roper's release for as long as possible, arguing that he is still a danger to the community and that they themselves feel they would not be safe were he to be released. OCVLC's Legal Director, Ms. Brewer, spoke on behalf of Dennis Doern, brother in law to Eddie Gibbs. The hearing for Scott Wickee was a continuation of the release hearing that was held in January of 2012. The Board has not reached a decision in that matter. Related News 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 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. 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. 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 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 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. |
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