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About The Observer. (La Grande, Or.) 1968-current | View Entire Issue (Nov. 13, 2021)
FROM PAGE ONE SATURDAY, NOVEMBER 13, 2021 PRISONERS LOGGING Continued from Page A1 Continued from Page A1 In a private meeting this week, about a dozen district attorneys questioned two of the governor’s lawyers about what they view as a hasty approach to cutting short prison sentences. Brown’s aides have said the governor wants to emphasize crime prevention and rehabilita- tion over long and expensive prison sentences. Commu- tations are one of the exec- utive powers that rest exclu- sively with the governor, and she has delivered far more than her predecessor, John Kitzhaber. The purpose of meetings like the one with Pen is to explain that Brown is “inter- ested in granting clemency only if they could agree to additional conditions on their commutation and release, in most cases related to receiving additional drug and alcohol treatment,” said Charles Boyle, one of Brown’s spokespeople. All commutations issued by Brown are conditional, he said in an email to The Oregonian. He noted that before the COVID-19 pan- demic, Brown occasionally held face-to-face meetings with commutation candi- dates in her offi ce. She may opt to speak directly with a prisoner for a number of reasons, “including to ask questions that will help inform her decision, to emphasize the gravity of this action, or to allow the applicant the opportunity to agree to conditions of release,” Boyle said. It is not unheard of for governors to speak or even meet with a person behind bars. In one of his fi nal acts as governor, Kitzhaber drove to Salem to meet with a 25-year-old man who was serving 12-1/2 years for attempted murder and granted him clemency. But a look at Brown’s packed daily calendar per- haps refl ects the depth of her commitment. The most recent spate of meetings with incarcerated people came during a period when she also met with a bank executive, a top lob- byist in Washington, D.C., and her own executive team. Brown, head of a sprawling government bureaucracy, rarely meets with ordinary Oregonians one-on-one, making these conversations with prisoners all the more remarkable. On the day she had a con- ference call with Pen, for instance, Brown’s calendar shows she met with House Republican Leader Christine Drazan, who was allocated the same 30-minute slot the governor’s staff set aside for the clemency meeting. The following day, her calendar shows another clemency meeting. It is unclear from her calendar whether she spoke with a prisoner at that time. That day, she also met with Washington Gov. Jay Inslee to discuss their states’ vaccine mandates. county could put out some- thing defi nitive, maybe put out a public notice for a meeting if that’s the case.” Friends of MERA, a group of about 40 locals dedicated to the well-being of the recreation area, met with the county in August 2020 during a similar fi eld review to discuss their concerns about the poten- tial logging. Many in the group felt a disconnect between what was dis- cussed during that meeting and the parameters of the current logging plan. “I talked to some of the commissioners at that time, but they never gave us a written agreement,” said Kate Pfi ster-Minogue, a member of Friends of MERA. Pfi ster-Minogue, who has lived for more than 40 years on what is now MERA, expressed her con- cern with the lack of public input. Numerous mem- bers of Friends of MERA noted the opinion that the MERA Advisory Board, which serves to gauge public input, was left out of the current forest man- agement discussion. “All of us agree that there needs to be a plan in place for thinning of trees and fi re prevention, not commercially logging big trees,” Pfi ster-Minogue said. “It’s a beautiful thing for our area and those of us that are fi ghting against this don’t see any reason to do this.” Bart Barlow, a former member of the MERA Advisory Committee, echoed a similar senti- ment. He noted that it seemed as if the county and the group of con- cerned citizens at the meeting in 2020 about the potential logging agreed it was important to stay away from trails, lightly cut trees, treat diseased trees and emphasize fi re prevention. “We thought we agreed with that, but the county did not put anything in writing after that meeting,” he said. “The process that was set up in the ordinance by the county is not being followed, which is that it goes through the advisory committee to get public comment on things.” One MERA home- owner spoke up in support of the plan, stating that the fi re prevention tactics are crucial to the longevity of the recreation area. ‘She spends a lot of time on each case’ Kaplan, a Lewis & Clark Law School professor whose law clinic has represented many people seeking com- mutations, said Brown is friendly but fi rm in the sessions. The governor, her- self a graduate of Lewis & Clark Law School, stresses the stakes for the pris- oner but also takes time to learn about them and their families, said Kaplan, who attended Pen’s Zoom meeting and is often present during the conversations. The prisoners are often “starstruck” in Brown’s presence, Kaplan said. “She spends a lot of time on each case in order to learn all there is to learn about the person and the past and the future, and I think having the meet- ings whether on Zoom now or prior is a way to let the person know how serious she is about them not following through on the rules,” Kaplan said. Union County District Attorney Kelsie McDaniel said she wishes Brown had shown her the same cour- Dave Killen/The Oregonian, File Oregon Gov. Kate Brown speaks at a Reopening Oregon celebra- tion at Providence Park in Port- land on June 30, 2021. tesy as Pen, who has a long record of drug and property crimes in La Grande. McDaniel said she was among the prosecutors who met recently with Brown’s general counsel, Dustin Buehler, and another Brown lawyer, Kevin Gleim. She asked about the Oct. 11 meeting with Pen and why Brown had taken time to meet with Pen but not local authorities familiar with his case. She said she knew Brown was considering the commutation but learned only later that the governor had decided to grant it. “Is this something we are doing now?” McDaniel said she asked. “Are you going to allow that for the victims and the DAs? I have never been interviewed about a commutation by the gov- ernor personally.” McDaniel said Brown’s lawyers told her that the governor met with Pen to “personally impress” upon him the signifi cance of her commutation “and the con- ditions that were coming with it.” “I asked what happens if he leaves treatment or is unsuccessful?” she said. “The answer I received was the governor has the option to rescind the commutation.” She said she asked Buehler and Gleim how they would monitor Pen’s progress. “They said the governor’s offi ce knows when these people are unsuccessful,” McDaniel said. Pen was convicted in 2018 of possession of methamphetamine. He was originally charged with multiple drug felo- nies involving metham- phetamine and oxycodone possession and delivery. Prosecutors said the case involved a dealer amount of methamphetamine. Under his plea deal, he agreed to an eight-year sen- tence. Prosecutors agreed to suspend the sentence pro- vided Pen got treatment and met other conditions. As part of the deal, he was allowed two “minor” pro- bation violations, McDaniel said. The third violation would send him to prison for the full sentence, which is what ended up hap- pening, she said. The original indict- ment cites Pen’s persistent involvement in similar crimes in Union County and notes that the latest allega- tions took place while he was already on probation. “Future eff orts to rehabil- itate (Pen) will not be suc- cessful and there exists a need to ensure the security of the public,” the indict- ment states. TAX Continued from Page A1 welcome relief that will directly aid news-gathering organizations, including an estimated 113 news- rooms in Oregon. It’s the only piece — some would say the most important piece — left of an orig- inal three-part proposal intended to stabilize and reform an industry upended by the deadly trio of Google, Facebook and the pandemic. The tax credit sunsets in fi ve years, giving media THE OBSERVER — A5 Alex Wittwer/The Observer Sean Lerner, a member of the Blue Mountain Singletrack Club and vocal opponent to a potential log- ging project, on Wednesday, Nov. 10, 2021, voices his concerns over the expected damage to the trail- heads and bike tracks at the Mount Emily Recreation Area. Alex Wittwer/The Observer Sean Chambers, Union County parks coordinator, speaks on Wednesday, Nov. 10, 2021, during a public fi eld review of a poten- tial upcoming logging project at the Mount Emily Recreation Area. Chambers said all options are still on the table. “Some feel that this is a done deal. It is not. We are changing as we go.” Preserving the trails A vocal majority in the crowd at the fi eld review expressed dissatisfaction with the potential impact the logging could have on the structure of the numerous trails at MERA. According to Barlow, it can cost roughly $30,000 to build a mile of trail. If the logging were to do serious damage to the trails, he is concerned about the mon- etary impact and volunteer force needed to fi x them. “Our trail system up there is worth about $1.5 million right now,” he said. “They’re probably going to damage 8 to 10 miles of it at a $30,000 per mile replacement cost.” Barlow was a part of the committee that built 3 miles of trails at Anthony Lakes, which cost about $90,000 in grant funding. MERA was purchased with grant money, while years of volunteer work helped create the trails that are present to this day. “To go in and start cut- ting trees down and tearing up trails feels like a slap in companies a reasonable timeframe to build a sus- tainable business model that supports local jour- nalism in the internet age. It also sends a message to young people that jour- nalism is a career worth pursuing where there will be jobs available with those companies that make the successful transition. Numerous studies show what happens in commu- nities where there’s no pro- fessionally trained jour- nalists asking questions the face to us taxpayers and volunteers,” Barlow said. He argued that fi re pre- vention is a paramount con- cern, but that logging and damage to the trails would set the area back in terms of tourism and recreation. “I’m 100% in favor of managing the forest up here, a healthy forest,” Barlow said. “There’s no reason they can’t give due consideration to these trails.” tremendously since the area became a more common space for recre- ation. She expressed the need for a conservation easement at MERA, which could limit the scope of logging and improve habi- tats for wildlife. Antrell noted that main- taining the largest trees is crucial to fi re resiliency at MERA, which maintains a fi re return frequency of about 25 years. She also noted that cutting the understory and protecting soil from infestation and invasive grass species are productive ways to prevent imminent fi re at MERA. “The best management would be to protect the tallest trees at all costs,” she said. “If you do the right thing now, it will save you in the long run.” Timeline in question Several commu- nity members at the fi eld review voiced their con- cerns over the project’s impact on wildlife, which brought about a tense back- and-forth. One audience member criticized Sarrett and the county for not con- sulting with a wildlife biol- ogist when marking trees for trimming and logging. Karen Antrell, a pro- fessor of biology at Eastern Oregon University, noted the ecological landscape at the Mount Emily Rec- reation Area has changed Chambers and the audi- ence discussed ways that the county could promote the meetings and infor- mation more clearly to the public. He stated that public comment is always welcome at county com- missioners meetings, where the forest manage- ment plan may be dis- cussed further. He noted the commis- sioners could meet to dis- cuss the forest manage- ment plan and adjust the timeframe if need be. While the project received noticeable neg- ative feedback from the public during the fi eld review, both sides saw eye- to-eye on the need for fi re prevention and trail main- tenance at MERA. The recreation area is a driving force of tourism and recre- ation in Union County. “The county’s goal is forest health, fi re resis- tance and recreation,” Sar- rett said. and accurately reporting on what is happening at a local level: Govern- ment waste and potential for corruption by public offi cials increases, voter turnout drops and com- munities fi nd it harder to solve their own prob- lems. News deserts create democracy des- erts, especially in rural communities. If you are reading this and want to help, email our Oregon congressional delegation and let them know you support keeping the Local Journalism Sus- tainability Act temporary tax credit in the budget reconciliation package. ——— Heidi Wright is the COO of EO Media Group and the publisher of The Bulletin and serves as treasurer for America’s Newspapers, an industry group representing more than 1,600 newspapers across the country. Email her at hwright@eomedia- group.com. Looking out for wildlife Featuring oboist, Molly Trindle Winner of the Concerto+Aria Competition Performing: Concerto in C for Oboe & Orchestra by Mozart Grande Ronde Symphony Returns Live and In-Person… Join Grande Ronde Symphony for the Fall 2021 Concert Under the baton of music director, Zachary Banks Wednesday, November 17, 2021 at 7:00pm PST Eastern Oregon University’s McKenzie Theatre Saturday, November 20, 2021 at 1:00pm PST Saint Francis de Sales Cathedral in Baker City Friday 9am - 5pm • Saturday 9am - 4pm Humane Society Silent Auction Contact Susie @ 541-263-0100 for more information Other Orchestra Pieces Performed: Symphony No. 5 by Beethoven Academic Festival Overture by Brahms Visit www.GrandeRondeSymphony.org for more information & to purchase tickets on-line Tickets available at: Direct Music Source in La Grande & Betty’s Books in Baker City Note: Masks required for audience members