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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 1, 2004)
October 1.2QQ4 », L ive no^t of the v'onan in the a iry varehouse-ciin-nightolub, Arven Bird is dressed in a l l v h ite . I t is the iechrtoDyVe Vhite Party, and the club is l i t as i f by the noon. Lesbian Fred A staires and Ginrer Rorerses sashay around the dance floor. This is th e second night in a rov: Bird has attended a g litte r y thene oarty. The evening before vas her birthday, and she threw h erself a gold lane soiree. Bird beans and sips her ro rV ta il. She has had nurh to celebrate th is year. \Tot only did she pass a na.ior b irthday n ileston e—the big 3'"'—rhe was awarded a prestigious fellov'ship for her innovative worv i n c r in in a l justice reform'. In January, Bird was selected to be a Soros Ju stice Advocacy Fellov by the Open Society In stitu te in Yew Yorv City. A t o t a l of 3on applicants con.peted for the 1 1 grants. Bird is one of the f i r s t crin.e survivors to receive one of the fellowships, which a re , according to the in s titu te , given to “ dynamic individuals wording to resto re fairness and discretion to the U.S. crim in al ju stice system.” Bird, who was named a f te r the Lord of the Rings ch a ra cte r Arwen Undomiel (which means “ noble maiden” ), has been concerned with social issues since she attended MilwauVie High School, where she was on student council and helped organise a blood drive. Yhat turned her into a social a c tiv is t, though, was an accident. L ite ra lly . A sudden Flare of headlights The evening of Feb. 28, 1993, began like any other weekend night. Bird had recently started her second semester at Lewis & Clark College. Though she lived on campus, she still hung out with her younger sister Sierra. On this particu lar evening, Bird was the designated driver for their outing to an off-campus party. T he sisters had fun; Sierra had a few drinks, Bird didn’t. W hen it was time to go home, their safe pas sage seemed well in hand. Then came the sudden glaring lights in the rearview mirror, coming at them tex) fast. “It was the biggest and scariest thing that had ever happened to me,” remembers Bird. The car on their tail slammed into their tiny Le Car, collapsing the back seat into the front seat and rolling the car 360 degrees. A fireman would later say that Bird s car looked like a smashed orange soda can. The man driving the tailgating car, Kevin Nielsen, had been racing with other men in hopes of impressing women in a third car. Bird says he was probably using her car as a “goal post.” And yes, he had been drinking. The sisters were both severely injured. Sier ra’s head was crushed. T he bruises to her brain would pennanently impair her math and read ing ability and dasb ber hopes to pursue space science. Bird was paralyzed from the ribcage down, which has resulted in osteoporosis and loss of bladder control, among other condi tions. Nielsen walked away without serious injury. He was convicted of two counts of second- degree assault and dninken driving. He was sentenced to one year in a work-release pro gram, his license was suspended, and he was ordered to pay restitution to Bird and her sister. Bird says the crash had a “ripple effect that penneated to our parents, relatives and friends. We were suddenly thmst into the criminal jus tice system, of which we knew nothing.” They were also put in the agonizing situa tion of having to fight for what the court said was due. To this day, Nielsen has not paid the full amount he owes the Birds. Bird returned to schcxtl in the fall of 1993 and went on to earn her degree in biology. In time, she “realized that energy spent hating the man who hit us was better spent healing myself.” Her family began to heal, ttx>, and now the Birds celebrate “Crashiversary” every Feb. 28 because they are happy to have Bird and Sierra alive. “We always say T love you’ when we say gtxxlbye, because we know we could go at any moment,” says Bird. A slippery kind of .justice Her family’s experience with the criminal jus tice system continued to nag at Bird. On the one hand, she says she feels safer knowing that Nielsen received dmg and alcohol treatment while he was in detention. O n the other hand, she says the system failed her and her sister. Lverywoman 's [-[ealth CROWN z < M emorial C enter » C remation a B urial 501 N Graham #445 • Portland Or 97227 Gynecologica I Su rgery and Obstetrics Kimberly Suriano, M.D. Philippa Ribbink, M.D. Elizabeth Newhall, M.D. Brenda Kehoe, M.D. Sally Holtzman. M.D. Laurel Lec.C.N.M. Jennifer Heiser, M.D. “Family ” Owned and Operated On-Site Crematory lowest Cost We're Here to Help! ______ 5 0 3 -284-5220 ______ 8974 SW Tualatin Sherwood Road Tualatin, OR 97062 Carina W ienk.L.M.T Naturopathic Physician Tori Hudson, N.D. (503) 885-7800 www.ANewTradition.com 50 3 -2 8 4 -2 4 6 9 “There is really no one in the system designated to help survivors after the person who hurt them is off probation” — Arwen Bird “It is up to my sister and me to try and get the restitution that Kevin owes us,” she says. “There is really no one in the system designat ed to help survivors after the person who hurt them is off probation.” Bird saw serious flaws in a system that is set up only to punish, not to help survivors heal or to help perpetrators accept responsibility for their crimes and learn to make better decisions. “[It’s] focused on retribution, not on working to prevent what happened from happening again,” she says. As her frustration with the justice system grew, st) did her ingenuity. In 1999, the same year she came out as a lesbian, she co-founded the nonprofit Survivors Adv<x:ating for an Effective System. SA FES serves two basic purposes; to give voice to progressive-minded crime survivors and to advocate for criminal justice reform. Members from throughout the state work together on several main activities, including victim-offender dialogues, a speakers bureau and political advtx:acy. “We see ourselves as part of a larger move ment against violence,” says Bird. “We want everyone to be safe.” One primary concern of the group is restitu tion reform. SA FES is part of the Oregon Attorney General Hardy Myers’ Restitution Reform Task Force. This is an issue of particu lar importance to Bird because she feels restitu tion is one of the key ways Nielsen can take responsibility for the crime he committed against her. SA FES has identified key ways in w'hich the restitution system needs to be reformed. LIQUIDATION Musii WNT ïque First, survivors are expected to pursue their restitution payments, without help from the justice system. Second, offenders are given the ability to chextse to make and complete pay ments to survivors. But some chm se not to pay at all. Finally, suite agencies are not empowered to help survivors collect restitution. SA FES seeks to put healing for survivors and communities at the forefront of the justice system, rather than blame and punishment. Its philosophy is to reject mandatory sentencing, the death penalty, prison expansion and other “tough on crime” initiatives. “My case illustrates the illogic of mandatory sentencing,” says Bird. “Under current law [Nielsen] would have received a minimum of five years.. .without any guarantee of drug and alcohol treatment— the very thing that likely helped him not recidivate!” Bird sees “a huge discrepancy” in the crimi nal justice system. “As survivors we live with the effects of the crime for the rest of our lives,” she says. “T he system is so bent on pun ishing people that the real needs of survivors— like restitution— and communities get lost in the process.” L oral rtenr tovard a n ation al Foal This f(x:us on healing individuals and commu nities is what has earned Bird so much respect among colleagues and policy makers. She has testified before Congress in favor of a Victim’s Continued on Page 21 Auto, Home, Life, Health & Business i Jt "Your Independent Insurance Agency" insurance Elliott, Pow el, Baden Ac Raker, In«'. furnishings & Oriental Rugs frJ Paintings, Objects d'Art. PIONEER IMPORTS Ì S M m » Marc Baker D ow ntow n P ortlan d (5 0 3 ) 2 2 7 - 1 7 7 1 www e p b b co m 25
