Appeal tribune. (Silverton, Or.) 1999-current, October 31, 2018, Image 6

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Newspaper Page Text2B ܂ WEDNESDAY, OCTOBER 31, 2018 ܂ APPEAL TRIBUNE Why did Judge Vance Day case unravel? Whitney Woodworth Salem Statesman Journal USA TODAY NETWORK Years of multiple in- vestigations, court hear- ings and intense media coverage proceeded this week’s criminal trial of suspended Marion Coun- ty Judge Vance Day. But with a jury select- ed and opening state- ments just hours away, the state’s case abruptly disintegrated. A key witness — the man at the center of the ﬁrearms allegations against Day identiﬁed by prosecutors as Brian She- han — refused to testify. Judge Julie Frantz dis- missed the case without prejudice Oct. 23. “It feels good that their case collapsed because it was a house of cards the entire time,” Day told the Statesman Journal Wednesday. He questioned the mo- tivation behind the ac- tions taken against him including the suspension and opinion released by the Oregon Supreme Court one month before he was scheduled to stand trial in April. “I was saddened that the state of Oregon would continue to prosecute a matter they knew essen- tially was not provable,” Day said. “They didn’t have a case, yet they still kept pushing. That’s sad for our justice system.” He stressed that he was targeted for his polit- ically conservative and Christian beliefs. “I’m the ﬁrst person to ever push back against the decades of liberal elites in Oregon govern- ment,” Day said. The state motioned to dismiss the charges be- cause it was “unable to proceed in the absence of an essential witness,” ac- cording to an order ﬁled in Marion County Circuit Court. Both parties agreed that because the statute of limitations had expired on the misconduct and felony ﬁrearms charges, prosecutors could not re- ﬁle charges against Day. “We made the diﬃcult choice to dismiss the criminal case against Vance Day after we learned that the victim, a decorated Navy SEAL, chose not to appear for the trial,” said Michael CIRCUIT COURT OF OREGON COUNTY OF POLK TREVOR S. ELLIOTT AND JACQUELINE A. ELLIOTT, Plaintiff. v. RAINIER CREDIT COMPANY, AN INACTIVE WASHINGTON CORPORATION; AND TWILLIAM PROPERTIES, INC., AN INAC- TIVE OREGON CORPORATION; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, Defendants. CASE NO. 18CV27323 SUMMONS To: Twilliam Properties, Inc., an inactive Oregon Corporation; and, All other Persons or Parties Unknown. Defendants. YOU ARE HEREBY SUMMONED AND re- quired to appear and defend the complaint filed against you in the above entitled action within thirty (30) days from the date of first publica- tion of this summons. If you fail to so appear and answer, Plaintiff will apply to the court for the relief demanded in the complaint. This complaint is an action to Quiet Title in a certain tract of real property, that real property being described as follows: as Lot 5; Block 7, in Polk County, Oregon on Polk County Assessor’s Map 08-4W-28BD, in Polk County, Oregon. The complaint asserts that Plaintiff is the own- er in fee simple of the aforementioned property by way of adverse possession. The complaint demands the following relief: (1) judgment de- claring that Plaintiff is the owner in fee simple of the above-described property and is entitled to possession thereof, free of any estate, title, claim, lien or interest of the Defendants or those claiming under Defendants and quieting title in the above-described property; (2) judg- ment enjoining the Defendants and those claim- ing under Defendants from asserting any estate, title, claim, lien, or interest in the aforemen- tioned property; and (3) any other legal or equi- table relief the Court finds just and proper. Date of First Publication: October 17, 2018. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motio- n” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have a proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service upon the plaintiff. If you have any questions, you should see an at- torney immediately. If you need help in finding an attorney, you may call the Oregon State Ba- r’s Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. This summons is published by Order of the Hon- orable Norm R. Hill, Judge of the above- entitled Court, made and entered on September 6, 2018, directing publication of this summons once each week for four consecutive weeks in a newspaper of general circulation serving Marion County, Oregon. /s/ Mark D. Shipman Signature of Attorney for Plaintiff Mark D. Shipman, OSB 931041 PO Box 470 Salem, OR 97308 Tel: 503-399-1070 Silverton Appeal Oct. 17, 24,31 Nov. 7 2018 PUBLIC POLICY NOTICES Public Notices are published by the Statesman Journal and available online at w w w .S ta te s m a n J o u r n a l.c o m . The Statesman Journal lobby is open Monday - Friday from 8 a.m. to 5 p.m. You can reach them by phone at 503-399-6789. In order to receive a quote for a public notice you must e-mail your copy to SJLegals@StatesmanJournal.com , and our Legal Clerk will return a proposal with cost, publication date(s), and a preview of the ad. LEGAL/PUBLIC NOTICE DEADLINES All Legals Deadline @ 1:00 p.m. on all days listed below: ***All Deadlines are subject to change when there is a Holiday. The Silverton Appeal Tribune is a one day a week (Wednesday) only publication • Wednesday publication deadlines the Wednesday prior LEGAL/PUBLIC NOTICE RATES Silverton Appeal Tribune: • Wednesdays only - $12.15/per inch/per time • Online Fee - $21.00 per time • Affidavit Fee - $10.00 per Affidavit requested Slauson, chief counsel of the Oregon Depart- ment of Justice’s criminal Vance Day division. After assessing their options, prosecutors said they decided to honor Shehan’s decision to no longer participate in the trial. A DOJ spokeswom- an said a reason was not given for his decision not to testify. Day said Shehan served the country nobly and called him “a victim of the state of Oregon,” a pawn to further their lib- eral agenda. He added that a subpoena could have been used to compel Shehan to testify. Courts records indi- cate that the defense in- tended to have a doctor testify about how She- han’s traumatic brain in- jury and post-traumatic stress disorder from his military service may have aﬀected his memory. Though adamant that Day broke the law, prose- cutors acknowledged that the higher courts had already taken measures in punishing Day’s al- leged misdeeds. “Although we believe that a criminal sanction was warranted, we also recognize that the Oregon Supreme Court has al- ready addressed his mis- conduct on the bench by taking the extraordinary step of suspending him for three years,” Slauson said. DOJ oﬃcials con- ﬁrmed that legally, She- han’s grand jury testimo- ny could not be used in place of his trial testimo- ny. The case against Day Day faced two counts Obituaries Donald “Don” Marvin Lowe SUBLIMITY - It is with great sorrow we announce the passing of Don Lowe on October 23, 2018. He was 92 years old. Don was surrounded by his loving family at the time of his passing in Sublimity, OR. Don was born in Port- land OR to Forrest and Hazel (Colt) Lowe along with his brother Forrest (Bud) Lowe Jr. Don attended college at Lewis and Clark ob- taining a B.S. in Chemistry in 1950. Don served in the Navy during WWII from 1943 to 1946 and was stationed in the South Pacific and received several medals for his service. Don worked for PGE for 33 years from 1953 to his retirement in 1986 in various roles from Sales/Marketing to District Manager. Don married Beverly LeVeille in 1950 and later had five Children; Andre Lowe, Bruce (Linda) Lowe, Craig (Shari) Lowe, Donald Jr. (Diana) Lowe, and Elise (Mark) Jones. Don and family came to the Dundee/Newberg area in the late 1950s where he served on the Dundee Planning Commission and the Dundee Volunteer Fire Dept. and was also a member of St. Peters Parish in Newberg. Don and family later moved to the Silverton area in the mid 1970s to take over the District Manager position for PGE where he was also on the Silver- ton Hospital Board of Directors, Silverton Rotary and Silverton Chamber of Commerce including a Citizen of the Year award. Don was also a member of St. Paul church in Silverton. Don is preceded in death by his wife of 56 years Beverly Lowe, brother Forrest (Bud) Lowe, son Andre Lowe, son in law Daniel (Butch) Schmidgall and grandson Kyle Lowe. Don leaves behind 6 grand children Brian (Sarah) Lowe, Sarah (Will) Later, Dylan Schmid- gall, Heather (Nick) Purdy , Justin (Julie) Lowe and Lorien Lowe as well as 4 great grand children Abigal Lowe, Isabel Lowe, Teagan Lowe and Ayla Lowe. Don will be missed greatly by his family. Memorial service to be held Thursday Novem- ber 1st, 2018 at 1 pm at Unger Funeral Chapel in Silverton, OR. of illegal possession of a ﬁrearm and two counts of ﬁrst-degree oﬃcial mis- conduct for allegedly al- lowing Shehan to handle some of his family’s ﬁre- arms. Shehan’s felony DUI was later reduced to a misdemeanor. Much of the criminal case hung on Shehan’s account of two interac- tions with Day involving ﬁrearms, once in 2013 and once in 2014. Shehan participated in the Veterans Treatment Court that Day presided over, and according to an investigation report by the Commission on Judi- cial Fitness and Disabil- ity, the judge repeatedly attempted to strike up a friendship with Shehan, inviting him to weddings, family meals and his birthday party. Shehan said the invi- tations made him un- comfortable and he felt like he “was being groomed to be like an ex- hibition piece in the Vet- erans Court.” Day allegedly asked Shehan to search a cab- inet for a gun tucked away in a secret compart- ment while Shehan was doing work at Day’s daughter’s house. When Shehan found the gun, he asked Day’s permission to check the gun for safe- ty. Day granted permis- sion, and Shehan cleared the gun. Two months later, when Day and his son stopped by to help She- han ﬁx a stove at the rural Marion County farm- house where he was liv- ing, Day’s son retrieved a pistol from his truck. Shehan asked Day if he could show his son how to safely handle the weapon. Day allegedly re- plied, “No problem.” The pair later went shooting with Day’s per- mission, according to the report. Shehan later admitted to court personnel that he had handled ﬁrearms, a violation of his probation. This sparked an ethics investigation focusing not only on the ﬁrearms incidents but also on alle- gations that Day refused to marry same-sex cou- ples, hung a portrait of Adolf Hilter in a court- house art display and bullied a referee at his son’s soccer game. In early 2016, the com- mission voted unani- mously to recommend re- moving Day from the bench for ethics viola- tions. His ethics case went before the Oregon Su- preme Court in 2017. The Supreme Court ruled in March the com- mission had proven Day was guilty of six out of eight misconduct charges and ordered the judge be suspended for three years. The court concluded that Day provided a con- ﬂicting, false account of his interactions with She- han. The dropped charges provided some vindica- tion for Day, but his attor- neys said the judge was anticipating having his day in court to clear his name. “It is disappointing that it took nearly two years and an incredible waste of our public funds to reach this result,” at- torneys Mike De Muniz and Steven Sherlag in a statement. “Judge Day was looking forward to ﬁ- nally receiving a trans- parent and public airing of the facts, which we be- lieve would have led to an acquittal on all charges.” They added that they wished the same safe- guard of trial by jury was available during the mis- conduct hearings against Day. Sherlag and De Muniz said a jury most likely would have determined that Day was a “thought- ful and caring jurist, ded- icated to the citizens of Marion County and all of the participants in the Veterans Treatment Court.” BRIEFS which starts at 7 p.m. Draft staﬀ reports and ordinances can be found at www.silverton.or.us under “Latest News.” Questions? Contact Petra Schuetz, Public Works Director, at pschuetz@silver- ton.or.us. Bag, container ban on Nov. 5 council agenda Silverton City Council will consider at its Nov. 5 meeting two draft ordi- nances prohibiting the use and distribution of single-use plastic bags and polystyrene foam containers in the city. The public is encour- aged to share comments by submitting written testimony, which can be mailed to: City Clerk, 306 S. Water St., or emailed to publiccomment@silver- ton.or.us. The council will make time for verbal tes- timony at the meeting, Farmer’s Market moves indoors Silverton Farmers Market is starting its ﬁrst after-season indoor mar- ket. From Oct. 27 through Dec. 15, and then again from Feb. 2 through April 27, vendors will move in- doors to the gym at Sil- verton Friends Church, at 229 Eureka Ave. Nov. 2-3 is holiday shopping kickoff LOW COST CREMATION & BURIAL Simple Cremation $595 NO Hidden Costs TUALATIN SALEM 8970 SW Tualatin Sherwood Rd 412 Lancaster Drive NE (503) 885-7800 (503) 581-6265 TIGARD PORTLAND 12995 SW Pacifi c Hwy 832 NE Broadway (503) 783-6869 (503) 783-3393 MILWAUKIE EASTSIDE 17064 SE McLoughlin Blvd 1433 SE 122nd Ave (503) 653-7076 (503) 783-6865 Privately owned cremation facility. A Family Owned Oregon Business. OR-GCI0087893-02 www.ANewTradition.com Silverton’s downtown businesses are kicking oﬀ to the holiday shopping season with a craft-show weekend Nov. 2-3. Watch for the event’s red, green and gold balloons. Pick up maps in any partici- pating shop or at the Chamber of Commerce oﬃce, 426 S. Water Street. Family bingo night Nov. 3 Local families are in- vited to a bingo night at Immanuel Lutheran Church on Saturday, Nov. 3. Starting at 7 p.m., the church will host a game night complete with snacks and prizes. Cost is three cards for $5. The events is sponsored by Silverton Zenith Wom- en’s Club, and proceeds beneﬁt Tree of Giving, scholarships and new- born layettes.