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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. 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 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.
On April 25, former OCVLC Legal Director Janine Robben was honored at the Oregon Department of Justice Crime Victims' Services Divisioncommemoration ceremony of National Crime Victims' Rights Week.
Janine was recognized for her pivotal role in getting OCVLC off the ground, the first non-profit to provide direct legal representation at no cost to crime victims in Oregon. "Janine set the standard for future crime victims’ attorneys and in the process, helped to make the criminal justice system a little more bearable for crime victims," the ceremony organizers indicated. Also honored at the ceremony for their commendable work on behalf of crime victims were:
On Apr. 6, OCVLC Legal Director Rosemary Brewer presented at the 25th Annual Contemporary Issues in Criminal Justice, sponsored by the Oregon State Bar's Criminal Law Section.
The CLE's central topic was victims as parties in criminal cases. As a presenter in a panel about the impact of victim rights laws on criminal prosecutions in Oregon, Brewer shared with participants her experience representing crime victims in criminal cases and the issues she most often deals with when asserting and enforcing their rights. Other presenters at this webcast-event included: Daniel C. Bennett, Office of Public Defense Services, Salem, Bradley C. Berry, Yamhill County District Attorney’s Office, McMinnville, C. Lane Borg, Metropolitan Public Defender Services Inc., Portland, Lindsey K. Detweiler, Office of Public Defense Services, Salem, Jeffrey E. Ellis, Oregon Capital Resource Center, Portland, Amber A. Hollister, Oregon State Bar, Tigard, Dwight C. Holton, Candidate for Oregon Attorney General, Jennifer S. Lloyd, Appellate Division, Oregon Department of Justice, Salem, Joshua Marquis,Clatsop County District Attorney's Office, Astoria,Kurt S. Muntz, Muntz & Ghio LLC, Salem, Ellen F. Rosenblum, Candidate for Oregon Attorney General and Timothy A. Sylwester, Appellate Division, Oregon Department of Justice, Salem. On March 20, 2012, the OCVLC helped persuade the Oregon State Board of Parole and Post-Prison Supervision that an inmate who had raped and murdered a 16-year-old classmate should serve the maximum time allowable, 228 months, plus an additional 108 months. The inmate, Conrad Engweiler, is one of five men known as the “Oregon Five” who were convicted of aggravated murder as juveniles in the years between 1989 and 1995.
Engweiler was 15 years old when he murdered Erin Reynolds in 1990. At that time, Oregon did not have a sentencing matrix applicable to juveniles convicted of aggravated murder. Engweiler was sentenced to life with a minimum term of 30 years. However, it was later determined that Oregon law did not allow the court to set a minimum term for juveniles, and in 1999 the Board of Parole promulgated a new set of rules designed to apply to juveniles convicted of aggravated murder. Under these rules, the Board of Parole set a minimum term of 40 years for Engweiler. He appealed that sentence, and in 2011 the Oregon Supreme Court ruled that that Parole Board had to hold a hearing for Engweiler to set an appropriate term and an initial release date. This ruling affects all five of the inmates currently incarcerated for committing aggravated murder as juveniles before 1995. Engweiler’s hearing was the first of the prison term hearings for the Oregon Five. At the hearing the three-member board unanimously decided that Engweiler should serve a minimum term of 228 months, the maximum term allowable under the sentencing matrix that was applicable at the time of his crime. In addition, the board has the authority to add 108 months to the sentence if an “aggravating factor” was found. Rosemary Brewer, Legal Director for the OCVLC, argued that two aggravating factors applied: that the inmate knew that the victim was particularly vulnerable and that the inmate’s criminal history was more serious than reflected by the history/risk score. The board found that both of these aggravating factors did apply and added the 108 months. Engweiler is eligible for release in February 2018. There will be a hearing in August 2017 to determine whether he should be released at that time. Engweiler’s release also was opposed by Multnomah County Deputy District Attorney Charles French and by members of the Reynolds family, including Erin Reynold’s father, sister, and brother. The OCVLC argued on behalf of Erin Reynold’s stepmother. Oregonian related news coverage Victim's Family Speaks Out A Multnomah County judge has granted the Oregon Crime Victims Law Center's motion to quash a subpoena that was seeking all of a domestic violence victim's Department of Human Services (DHS) records and mental health treatment records.
The defendant, who is accused of stabbing the victim, had sought an in camera review of any and all records that might be held by DHS relating to the victim, as well as any records of any kind of mental health treatment that the victim may have sought. There was no time limitations on the defendant's request, and the defendant had no actual knowledge of whether the records actually existed. At a lengthy hearing in front of Judge Eric Bergstrom, the defense argued that he was entitled to an in camera review of the the records because he was attempting to show that the victim had "history of violence." Oregon Crime Victims Law Center's Legal Director Rosemary Brewer argued that DHS and mental health records are privileged, and as such, require a showing that there is information in the records that is likely to be material, favorable to the defendant, and admissible as evidence. Referring to Brewer's citing of Kahn v. Pony Express Courier Corp., 173 Or App 127 (2001), the Court denied the defendant's motion for an in camera review and granted the motion to quash on the grounds that DHS records are in fact privileged, as are mental health treatment records, and the defendant did not reach the necessary standard for review. The case was referred to the Oregon Crime Victims Law Center by a victim advocate in the Multnomah County District Attorney's Office. A judge in Yamhill County has limited the release of a sexual assault victim's records after a hearing in which the Oregon Crime Victims Law Center represented the interests of the victim.
The defendant in the case had sought to have the trial judge review all of the victim's medical, mental health, and school records for potential release to him. The Oregon Crime Victims Law Center opposed the release on the grounds that the request violated the victim's constitutional right to privacy and the doctor-patient and psychotherapist-patient privilege, and that the defendant had not shown that there was material in the records that would be favorable and material to his defense so as to overcome that privilege. Legal Director Rosemary Brewer filed a motion asking the court to withhold the records from the defendant. At a hearing on February 7, Judge John L. Collins held that the Oregon Crime Victims Law Center's motion was granted in part, strictly limiting the records that were released to the defendant. None of the victim's school or medical records were released, and only very limited portions of the victim's therapy records were released. The victim learned of the Oregon Crime Victims Law Center through the victim advocates of the Yamhill County District Attorney's Office. The Oregon Crime Victims Law Center (OCVLC) received a $25,000 donation from Vangelisti Kocher LLC.
Richard Vangelisti and Scott Kocher have been strong legal advocates for crime victims in civil cases for many years, and their generous contribution demonstrates a remarkable commitment to making a positive difference in the lives of Oregon crime victims in criminal cases as well. It's this kind of the support from donors that make it possible for the OCVLC to continue offering services at no cost to crime victims in Oregon. Although the OCVLC's core work has been funded by government grants, recent federal funding cuts have made support from private donors increasingly vital to helping the OCVLC continue its important mission. |
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