Eugene weekly., December 14, 2017, Image 6

BY MORGAN THEOPHIL
Chances
are if you’re
curious
about it, the
UO has a
class on it.
THE (SECOND) TRIAL OF ROD ADAMS
Homelessness again plays no role in verdict in criminal trespass case
ROD ADAMS (LEFT) AT
HIS NOV. 15 TRIAL
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O
n Feb. 26, Rod Adams was awakened by a Eugene police
officer, arrested for trespass and taken to jail.
This incident was nothing new for Adams, a home-
less man, who has been ticketed or arrested more than
40 times for a variety of minor, nonviolent crimes since
moving to Eugene nine years ago.
Because of that February occurrence, Adams, his public de-
fender Joe Connelly, city prosecutor Matthew Cox, Judge Rich-
ard Fredericks, two witnesses, six jury members and more than a
dozen civilians supporting Adams attended Adams’ second trial on
Dec. 7 at the Eugene Municipal Court.
Unlike Adams’ first trial on Nov. 15 (see Eugene Weekly 11/22),
Fredericks allowed questions regarding homelessness to surface.
Nonetheless, the jury found Adams guilty of criminal trespass in
the second degree.
“I’m wondering if the jury knows that morality has no place in
this court room?” Adams said early in the trial. “If you apply the
regular standard, I am guilty and you’re condemning me to death
— there’s no place for morality here.”
The incident at hand was filmed, as Officer Matthew Pizzola,
who found Adams at 7:30 that rainy February morning, was wear-
ing a body camera. The 30-minute video was played and used as
evidence during the trial.
In the video, Pizzola happens upon Adams asleep in his sleep-
ing bag against a building downtown. Pizzola yells for Adams to
wake up, recognizes Adams quickly and asks if Adams saw the “no
trespass” sign posted only a few feet away, which Adam denies.
Adams, who had been sleeping under the awning of the build-
ing, stood up and walked into the rain. “This is what a soft kill is in
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6
POLLUTION UPDATE
The Oregon Department of Environ-
mental Quality (DEQ) sent a warning let-
ter to the City of Oakridge on Nov. 28 for
causing “wastes to be placed in a location
where such wastes are likely to be carried
to waters of the state.” More specifically,
DEQ expressed concerns about the fact
that the city transports waste screened
from its wastewater treatment plant “in
an open bed dump truck to the landfill
near Eugene, Oregon,” and that during
transport “debris and liquids spill onto
the road.” DEQ cited this practice as a vio-
lation of the city’s Clean Water Act permit
and of Oregon law, and as a “danger to
public health.” DEQ has asked Oakridge
to immediately cease this practice, and
to properly label transport vehicles with
“City of Oakridge placards.” — Doug
Quirke/Oregon Clean Water Action Project
December 14, 2017 • eugeneweekly.com
this country,” Adams said. “I would’ve been fine if I was sleeping
right out here in the rain, right?”
“No,” Pizzola said. “I would’ve cited you for prohibited camping.”
During cross-examination, Connelly sought to prove that while
Adams was, by legal definition, trespassing, there was no proof
that he was doing so unlawfully.
“Not to be silly, but when someone lies down at night, it’s dark,
isn’t it?” Connelly asked.
“Yes,” Pizzola said.
“And you had never told Mr. Adams to leave that day, or any
other time in this particular location, correct?”
“In this particular location, I don’t believe so,” Pizzola said.
Regarding Pizzola’s statement to Adams about prohibited
camping, Connelly asked, “Given that exchange, you know that
there’s no legal place for a person to sleep outside, correct?”
“I’m not aware of a place, no,” Pizzola said.
During final statements, Connelly tried to use Pizzola’s confir-
mation about there being no legal place to sleep outside to show
that Adams simply had no other place to sleep. “What we have also
is evidence that there is no lawful place for a homeless person to
sleep outside,” Connelly said. “Where is a body to go?”
“This isn’t about whether this is an unfair law, this is about if
this particular individual committed this crime in this spot on that
day. It may be a harsh law, but it is the law,” Cox said to the jury.
“This would be the same thing for all of you.”
After the jury members delivered a guilty verdict, Fredericks
spoke with Adams about his situation beyond the courtroom, ask-
ing what steps he has taken to find housing, and if he even wanted
to be housed.
Adams replied, “All of them, and of course I do.”
Fredericks postponed the sentencing nearly two weeks, asking
that Adams go to different service providers — specifically those
that help house homeless veterans — and attempt to find housing.
Adams immediately said he has been to all possible providers
and services in the area, including those that are veteran specific, and
said he does not qualify because he is physically and mentally stable.
Fredericks expressed his disbelief, and said Adams must then
come back at his sentencing with documented proof that he does
not qualify, adding that the conversation will continue from there.
Adams’ sentencing for this case and trials regarding a probation
violation, criminal trespass and disorderly conduct are scheduled
for Dec. 20. ■