TRACK TIME
GU’s Jozie Rude
makes a
winning throw
– PAGE A10
Grant County’s newspaper since 1868
W EDNESDAY , A PRIL 15, 2015
• N O . 15
• 18 P AGES
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www.MyEagleNews.com
Judge rules Seneca pot search illegal
that they entered without knowing
whether Martin and Walters had the
thority to grant consent.
authority let them in.
The ruling brought an end to the
In a letter supporting his decision,
state’s prosecution against Joy Max- Cramer said law enforcement video
ine Graves, Raymond Martin, and a presented in the motion hearing did
WKLUGPDQ.HQQ\:DOWHUVZKRÀHG not show Martin consenting to the
at the start of the case.
search.
Attorneys for Graves and Martin
“At one point, Sheriff Palmer
successfully challenged the war- engages him in conversation, asks
rantless search. In a hearing earlier if there is a gate, goes to the gate,
this month, they argued that Grant opens it and steps through the gate
County Sheriff Glenn Palmer and a onto the property,” Cramer wrote.
deputy didn’t get clear permission to “At this point, no permission to enter
enter the property for the search, and or search has been given.”
Decision leads to dismissal of three cases
By Scotta Callister
Blue Mountain Eagle
CANYON CITY – Three con-
troversial marijuana cases were
dismissed last week after the Grant
County Circuit Court judge tossed
out evidence from a search last June
in Seneca.
In his April 9 order, Judge Wil-
liam D. Cramer Jr. said the search
was illegal because neither person
on the property at the time had au-
Cramer also addressed the issue
of authority to consent, and he found
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thority before the search. He found
that Palmer provided no basis for his
conclusion that Walters and Martin
were living on the property.
The judge said the crux of the
issue came down to whether law
enforcement must determine the
person’s authority before entering
the property, or if they can rely on
facts established during or after the
search. He said the case law that ad-
dresses that issue indicates it must be
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In this case, Graves, the property
owner, was not at the site at the time.
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whether the two men were living on
the property and had authority.
Cramer wrote that interviews and
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information to establish probable
cause for a warrant, but “that cannot
justify a warrantless search.”
See POT, Page A8
T HE $20,000
QUESTION
Payment
rumor hovers
over forest
plan work
Shelly Whale, Heart of Grant County executive director, leads people on the walk to the Grant County Library.
AWARENESS SHINES
Folks of all ages turn out for annual ‘Light up the Night’ candlelight vigil
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Blue Mountain Eagle
OHN DAY – People of all ages turned out last Sat-
urday, April 11, to shine the light on domestic abuse
awareness at the “Light up the Night” candlelight vig-
il.
Most of those attending walked with candles and glow-
sticks from The Corner Cup at the stoplight in John Day to
the Grant County Library, and back. Participants also plant-
ed pinwheel “Prevention Gardens,” representing a brighter
future for families, in several locations.
The annual event promotes awareness of sexual assault
and child abuse, and is sponsored by Heart of Grant County
and Grant-Harney County CASA.
For information about Heart’s programs, call 541-575-
4335.
Contributed photos/Colleen Clark
People gather around a fire pit in front of The Corner Cup prior to
last Saturday night’s walk.
A group of children recite the “Hands are not for
Hurting” pledge prior to the Candlelight Vigil walk.
Court urged to take stand on roads
By Scotta Callister
Blue Mountain Eagle
CANYON CITY – Residents
pressed the Grant County Court to
take a stand against forest road clo-
sures last week, with one hinting at a
petition to change the face of county
government.
“People expect to be represented
by this Court, for you to follow the
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Jim Sproul, leader of a road access
advocacy group, told the Court. “Ei-
ther you’re going to follow them, or
you’re not.”
Sproul was among some 60 resi-
dents who attended the Court’s April
8 meeting, held in the larger Circuit
Courtroom to accommodate a larger
than usual crowd.
The initial draw was a presen-
tation by Malheur National Forest
Supervisor Steve Beverlin, who
unveiled his draft decisions for
two major forest projects, Elk 16
It takes 191 signatures for a recall. Here’s
2,000,” he said. Asked if that was a threat,
he replied, “It’s not a threat. I don’t give idle
threats.”
“
Jim Sproul
Leader of a road access advocacy group
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Both proposals are now in 45-day
objection periods, when people who
commented earlier in the process
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documents for the projects are post-
ed on the Malheur’s website.
Both are landscape-scale projects
that include a mix of commercial
and noncommercial harvest, thin-
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efforts, habitat and riparian improve-
ments, and more. Each includes
some road changes, which were the
lightning rod for public discussion
after Beverlin and his Forest Service
team left the meeting.
Sproul said the Court has not ad-
dressed the public’s concerns over
access.
He waved a sheaf of papers he
said represented more than 2,000
signatures – many from a petition
drive on travel management several
years ago and others that are more
recent.
“It takes 191 signatures for a re-
call. Here’s 2,000,” he said. Asked if
that was a threat, he replied, “It’s not
a threat. I don’t give idle threats.”
See ROAD, Page A8
By Scotta Callister
Blue Mountain Eagle
CANYON CITY – Rumors that
the County Court is paying $20,000 to
an outside group to write a new Blue
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cials said last week.
“That did not take place,” County
Judge Scott Myers told people attending
the April 8 Court meeting. “It is misin-
formation.”
The story began to
spread after Commis-
sioner Boyd Britton, at
a Feb. 18 Court meet-
ing, proposed an idea
to draft a forest plan
revision to replace the
widely unpopular al-
Boyd
ternatives proposed last
Britton
year by the Forest Ser-
vice.
Britton presented a
letter to the rest of the
Court, proposing that
the county enlist the
Blue Mountains Forest
Partners to write a plan
Scott
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Myers
heur National Forest.
The Partners group
is a local collaborative, formed nine
years ago, that has been active in plan-
ning for increased restoration and tim-
ber harvest activity on the Malheur.
Britton wanted to ask the Partners
to draft a new forest plan revision, and
he suggested covering up to $20,000 in
the cost of that work with county road
funds.
The Court didn’t discuss the pro-
posal in detail – or decide to spend any
money – at that meeting. Myers and
Commissioner Chris Labhart did give
Britton the go-ahead to approach the
collaborative with the idea.
Since then, several residents have
complained in letters to the Court, some
assuming the alliance and the money
were a done deal.
The subject arose again last week in the
Court meeting. Howard Geiger, echoed
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“farming out” the plan revision to what he
termed an environmental group.
Myers denied farming out the plan to
anyone, and said members of the Court
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ney and other counties to tackle the for-
est plan revision.
See PLAN, Page A8
S TUDENT ART
Ashlie Tipton
Grade 4
Humbolt Elementary
Teacher: Sophie
Cosgrove