FRIDAY, NOVEMBER 6, 2015
THE BAKER COUNTY PRESS — 5
Local
Lawsuit filed against police Bear on 11th
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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
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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.