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About The Baker County press. (Baker City, Ore.) 2014-current | View Entire Issue (Nov. 6, 2015)
FRIDAY, NOVEMBER 6, 2015 THE BAKER COUNTY PRESS — 5 Local Lawsuit filed against police Bear on 11th CONTINUED FROM PAGE 1 Addison believes, as stated in court filings, “Since, and as the result of, the publication of his editorial, Plaintiff has been the subject of a series of harassing, defamatory and economically damag- ing actions by Baker City police officers.” On March 6, 2008, The Record-Courier published Addison’s opinion piece, “How About a Favorable Interpretation of the 4th Amendment,” which he had authored after the Bak- er City Police Department Drug Enforcement Canine Unit (Officer Wayne Chastain and K9 Turbo) appeared at the Baker High School gymnasium during halftime of a high school girls’ basketball game. According to Addison’s 2008 article, the walk- through involved a search that was violation of the Fourth Amendment of the U.S. Constitution regard- ing illegal search and seizure. The next day, Lohner contacted Debby Schoe- ningh, then-editor of that paper, and requested a retraction or correction of the statement presented as a fact in Addison’s piece regarding the search. It was at the time, and remains Lohner’s contention now, that an actual K9 search did not occur at all, and that Turbo had only been walked through the school as a public relations intro- duction of the dog to staff, students and the commu- nity. Schoeningh and then- owner Greg Brinton debated the handling of the situation after meeting with Lohner, and subsequently issued a statement that the piece was purely Addison’s opinion and did not reflect the opinion of the news- paper. One June 5, 2008, Ad- dison was terminated from his position. At that time, both Brinton and Schoen- ingh stated reasons unre- lated to the opinion piece for the termination. When Addison arrived the following day to pick up his final paycheck, a heated argument ensued between Addison and Brinton. Schoeningh stated then that she had found pages from one of the books she had authored torn up and thrown on and in her car, which was parked outside the newspaper’s office. Brinton and Schoeningh contacted police to report the incidents. On that same day, according to court docu- ments, Addison was notified by Chastain that a harassment complaint had been made against him by The Record-Courier, issued a civil stalking citation, and told him to appear in court where the decision to issue a restrain- ing order or not would be made. The Circuit Court de- clined to issue a restraining order and dismissed the citation. Addison then claims that local police officers, up to 10 in total, all working “at the direction of or with the knowledge and approval of Defendant Lohner,” began a seven-years-long process of systematic harass- ment to deny him his first amendment rights and interfere with his employ- ment. Court filings state that Officer (now Sergeant) Mike Regan “asked Plain- tiff for ID and then began rifling through Plaintiff’s grocery bags. Officer Re- gan did not issue Plaintiff a warning or citation, and never explained the reason for stopping Plaintiff.” Court documents also state that Addison was followed by various police officers from 2008-2010 until he moved to Wallowa County for two years to work for The Chieftan. After his position ended with that newspaper, Addi- son returned to Baker City, where he states that “the Baker City Police Department resumed its practice of regularly fol- lowing Plaintiff while he was driving and stopping him for alleged traffic violations.” Addison then began work as a contract reporter for CONTINUED FROM PAGE 1 Submitted Photo. Gina K. Swartz / The Baker County Press Reporter Brian Addison. Baker City Police Chief Wyn Lohner. The Baker County Press, at the launch of the publica- tion in January 2014, ini- tially covering the County and Federal beats. In August of 2014, Ad- dison was hired by New Directions Northwest, Inc. (“New Directions”), a non-profit organization that serves Baker County, Oregon with drug and alcohol addictions ser- vices, residential treatment, and prevention. Addison served as a “Supported Employment Specialist.” Addison quit accepting journalistic assignments at that time due to new em- ployment commitments. On November 10, 2014, The Baker City Herald published an article about Addison’s position after Addison spoke at a City Council meeting about New Directions’ services. On November 14, New Directions terminated Addison, who then filed a claim with BOLI—Ore- gon’s Bureau of Labor and Industries—for wrongful termination. Addison’s court filings state he rescinded the BOLI claim after he came to believe “that it was police misconduct, rather than wrongful acts by New Directions, that resulted in his termination.” The American Civil Liberties Union of Or- egon, acting at Addison’s request, made a Public Records Request to BOLI. Through that request, he said, he obtained a “Fact File,” which New Direc- tions had in its possession. A Fact File is a public document generated by Dispatch, housed by the Baker County Sheriff’s Department, and includes record of all contact in- volving an individual with law enforcement, whether that individual is the com- plainant, suspect, etc. Addison’s court filings state that many of the incidents listed in the Fact File for him are false and, he believes, generated by the Baker City Police. He also claims one of the “Doe Officers” called New Directions and made false statements about his crimi- nal history. Addison resumed ac- cepting contract report- ing assignments for The Baker County Press after his employment with New Directions ended. Addison informed The Baker County Press on October 12, 2015 he could no longer accept assign- ments due to a move out of the county. The defendants in the case have 60 days in which to respond. Addison is represented by Clifford S. Davidson of Sussman Shank, LLP out of Portland. Addison is seeking an unspecified amount for “economic/compensatory and noneconomic/ special damages, including: loss of income and past and future impairment of earning ca- pacity; injury to reputation, economically verifiable and otherwise; expenses related to having to relo- cate out of Baker City for fear of further retaliation; and emotional distress.” He is also seeking “rea- sonable attorneys fees” and “punitive damages” to be determined at trial. Downtown trick-or-treat Once on scene, the law enforcement officers made certain the bear was in a location where he presented little danger to the public while they waited for ODFW. Several neighbors walked over to see why police and Sheriff’s vehicles were gathered, and were excited to see the bear. The officers explained to the children present that the bear was young, probably a baby last year, and that his mom would be getting ready to hibernate. She would have kicked him out to make his own way, and that was probably why he had wandered to town. Chastain received a call from ODFW, who informed him that they thought the bear was too young to survive on his own. They said they would not be coming to tranquilize and relocate, and recommended the officers dispatch the animal. None of the officers present were pleased with that response, and Chastain called back to clarify. He ex- plained that the bear was a yearling, not a baby, as ODFW had been first informed. After a few minutes, Chastain returned to the officers with the news that the bear would be tranquilized and relocated. He explained that the ODFW officers were outside of town, and would be on site within half an hour. Pelayo was instructed to stand by with his rifle, in case the bear began to threaten the observers before ODFW arrived. An hour or more passed with no news, until Chastain finally received a call from the ODFW officers. They had mechanical issues with their vehicle, but planned to be on scene as soon as they stopped by their offices on Poca- hontas to pick up the tranquilizer darts and rifle. Once ODFW arrived, they observed the animal and made their plans. After explaining to law enforcement that all other observers needed to move back inside their homes or stay within their vehicles, the first attempt was made to tranquilize the bear. The dart was shot into the animal’s right shoulder. The bear was startled, but made no aggressive moves, and the officers watched and waited for the tranquilizer to begin working. After 25 minutes the bear was obviously feeling some effects, but not down. He was still resting close to a fence, so ODFW decided they needed to go back to their offices for a jab stick. A jab stick is a 12-foot pole in which a tranquilizer dart can be loaded. When they returned with the stick and approached the bear, he became frightened. He ran through a gate and back into the paddock behind the trailer. ODFW had to use the rifle again to shoot another dart. The bear was obviously frightened and confused, but Spence’s mules on the hill behind the paddock were braying. The mules gathered along the fence of the paddock, and the bear decided he was better off staying as far away from them as possible. Finally, approximately 45 minutes after the second shot, the bear finally rolled on his side and went to sleep. The officers gave him some time to be sure he was truly out, and then approached him. They were going to use a sled to haul him to their relocation trailer but decided to just lift and carry him. Three officers each grabbed part of the bear, and hur- riedly carried him to the trailer. They had already cleared the location to which they would transport him out on Hunt Mountain. He would be ear-tagged to warn potential hunters he was protected, and would be able to forage for food safely. The neighborhood children and adults watched the bear being loaded in the relocation trailer, and waved as the truck drove away. Rock Creek project completed The Baker Valley Soil and Water Conservation District recently helped a local landowner implement a conserva- tion project to help stabilize the banks of Rock Creek in Baker Valley. Approximately 200 feet of Rock Creek was experienc- ing severe bank erosion due to the combined effects of high flows, the lack of adequate woody riparian vegeta- tion, and historical channelization of the stream. Project activities included planting 150 willows along the creek to provide long-term bank stabilization. To help control erosion for the short term, and to help protect the new plantings, the landowner installed a juni- per tree revetment consisting of 20 juniper trees anchored to the bank. This technique has been successfully used to stabilize banks throughout eastern Oregon, particularly in areas where juniper is plenty. The revetment helps to slow the stream flow down so that the branches catch the sediment and directs flow away from the toe of the eroding bank. Streambank re- vetments also enhance fish habitat by providing cover and substrate. Rock Creek is an important stream for Bull Trout. The United States Fish and Wildlife Service have identified this stream as one that could potentially support Bull Trout populations in the near future. This conserva- tion project will not only stabilize and improve stream- banks, but it will also expand fish habitat by providing cover, complexity, and curbing excessive sedimentation. First Friday scheduled Kailyn McQuisten/ The Baker County Press Historic Baker City, Inc.’s downtown trick-or-treat adventure was held 4-6 p.m. on Saturday, which was Halloween afternoon. Businesses lined Main Street and generously handed out candy to hundreds of little goblins and monsters during the two-hour stretch. First Friday with Commissioner Harvey is scheduled for Friday, November 6, 2015 from 9:00 a.m. to 10:00 a.m. in the Commission Chambers of the Baker County Courthouse located at 1995 Third Street, Baker City, OR. This time will be used to allow the citizens to visit with the Commissioner about issues impacting Baker County.
