FROM PAGE ONE
SATURDAY, NOVEMBER 13, 2021
PRISONERS
LOGGING
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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