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PAGE 8, KEIZERTIMES, SEPTEMBER 29, 2017 MURDER, PARKING, What happens next? continued from Page A1 continued from Page A1 disability than it does to non- clinical personality traits like ill temperament, dishonesty, or stubbornness,” Armstrong wrote. Armstrong suggests that the lower court judge, Judge Dale Penn, erroneously confl ated personality traits (like stub- bornness, dishonesty, etc.) with mental disorder and that the exclusion of expert testimony on that basis was unfounded. After his arrest, Zielinski was examined by Dr. Richard Hulteng, a Portland psycholo- gist. Hulteng diagnosed Zie- linski with adjustment disorder with depressed mood, anxiety disorder and alcohol abuse along with narcissistic person- ality traits. Hulteng stopped short of diagnosing Zielinski with combat-related post traumatic stress disorder, stemming from Zielinski's experiences in the fi rst Gulf War, and opined that there was no indication that Zielinski was “inherently inca- pable of controlling himself.” A second psychologist large- ly concurred with Hulteng's evaluation, writing that, at the time of the alleged murder, Zielinski “was experiencing heightened stress, increased de- spair, and hopeless, catastrophic, and rigid thinking.” The second psychologist di- agnosed Zielinski with anxiety disorder and, alcohol abuse and obsessive-compulsive personal- ity traits. The state fi led a motion to prevent the psychologists from testifying regarding Zielinski's In 2013, Peter Zielinski pleaded guilty to killing his wife in their Keizer home. Now that the Appeals Court of Oregon has overturned the verdict, Zielinski can withdraw his plea, said Amy Queen, a spokesperson for the Marion County District Attorney Of- fi ce. Zielinski remains in prison while the courts assign a new judge and set dates for the next steps in the process. As of press time Wednesday, Sept. 27, no actions had been sched- uled. Queen was unable to speak about case specifi cs because it has been reopened. The appellate opinion states that Judge Dale Penn erred when not allowing testimony about Zielinski’s diagnosis with anxiety disorder. Doing so would have permitted a jury to determine whether Zielinski was operating under extreme emotional disturbance. If a jury had found Zielinski to be suffering from EED, it could have considered a conviction for fi rst-degree manslaughter rather than murder. Under Oregon law, the minimum penalty for murder is a 25-year sentence while the minimum penalty for fi rst-degree manslaughter is 10 years. Zielinski was originally sentenced to life in prison with a possibility for parole after 25 years. anxiety, its source and how it manifests. The defense argued that such testimony critical to understanding Zielinski's situ- ation. It would have provided the opportunity to argue that Zielinski was operating under extreme emotional disturbance (EED), a determination which is left to juries under Oregon law. Judge Dale Penn sided with state attorneys. In 2013, Zielinski changed his plea from not guilty to guilty with the condition that he could appeal the judge's decision on the psychological testimony. Leaving the door open to the EED defense could reduce the crime of murder to fi rst- degree manslaughter. The two carry different minimum sen- tences under Oregon law. The minimum penalty for murder is 25 years and the minimum for fi rst-degree manslaughter is 10 years. In addition to confl ating is- sues of disability and personali- ty, Armstrong, the appeals court judge, contended that nothing in Oregon law states that a person's situation is limited to the events and circumstances leading up to a homicide and that removing the evidence of an anxiety disorder diagnosis “eliminates the objective com- ponent of the EED defense.” Zielinski's case will now come back to the Marion County Circuit Court. No dates have yet been set for new court appearances. Zielinski remains in prison at Oregon State Correctional Institution in Salem. long-term solutions,” Jespersen said. “We want to show people that the schools, city and po- lice are all working together to come up with a viable solu- tion.” The forum is, in part, a re- sponse to neighbor concerns along Newberg Drive North, which runs adjacent to the school campus to the east. Over the past two years, several neighbors have complained to school staff, city leaders and the school board about increased traffi c during drop-off and pick-up times. There is a gate between the Newberg and the Mc- Nary campus that students use to walk to school and parents use as a drop-off point to avoid the bottleneck of the McNary parking lot. Residents of Newberg Drive and Max Court have com- plained about issues ranging from speeding to litter to traffi c congestion so thick it prevents them from leaving their drive- ways in their vehicles. Frustra- tion with the situation and per- ceived lack of relief drove one resident to put a lock on the gate in an effort to stymy the fl ow last spring. That action drew harsh con- demnation from the Keizer City Council, but hope that the school would address the situa- tion by opening up other gates that access the campus on San- dy and Robindale drives begin- ning with the 2017-18 school year. That never happened, but Jespersen said it isn't out of the question. “We have one gate open, now, but historically there have been other gates open,” Jespers- en said. In 2014, McNary offi cials closed a gate leading to San- dy Drive North after years of complaints about loitering and vandalism. Charles Anderson, who has led the charge to get the New- berg Drive gate closed, con- tends all the problems of Sandy have been funneled to New- berg, but Teague counters that the problems on Sandy Drive were of an altogether different nature. Jespersen said offi cials at the forum will also be willing to talk about the impacts of a possible SKSD bond measure being sent to voters in May of 2018. The district is expected to seek about $620 million to expand capacity at numerous schools including McNary. “We don't want it to turn into a rally for the bond mea- sure, but that outcome could provide opportunities to ac- celerate plans we come up with during the forum,” Jespersen said. To expand McNary's capac- ity, the district would need to strike a deal for additional land, but it could result in the shift- ing of fi elds and creation of ad- ditional parking, Jespersen said. “We have to pay for that, and we have to have room for our kids and their cars,” he said. The Salem-Keizer School Board has authorized land ac- quisition tasks involving Mc- Nary High School. In a special meeting fol- lowing an executive session Tuesday, the board authorized Michael Wolfe, chief operations offi cer, to initiate and conduct moves toward purchasing land adjacent to McNary and to Hallman Elementary School. Wolfe is also authorized to look into land for a new ele- mentary school in northeastern Salem. The proposed land purchases are included in the bond pro- posal for the May 2018 elec- tion. The McNary project and the one for a new elementary school are scheduled for con- struction to begin in 2019. Nightmare Factory celebrating 30 years The Nightmare Factory returns this October for their 30 year anniversary with the promise of “it’s most terrifying haunt ever.” The Nightmare Factory haunted house will provide thrills and excitement for all ages. General admission is $15 and starts October 6-7, 7 p.m. to 11 p.m. Their next dates, October 13-14 marks their free T-shirt weekend, wherein they give the fi rst 200 guests a free T-shirt. The factory then continues through October 21-22, 7 10 to 11 p.m.; October 25-26, 7 to 10 p.m.; October 27-28, 7 to 11 p.m.; October 29-31, 7 to 10 p.m.; and fi nally November 3-4, 7 to 11 p.m. The Nightmare Factory is an annual fund- raiser for the Oregon School for the Deaf and is located at 999 Locust Street N.E. in Salem. public notices PUBLIC NOTICE PUBLIC NOTICE The Keizer Police Depart- ment has in its physical pos- session the unclaimed prop- erty described below. If you have any ownership interest in this property you must fi le a claim (IN WRITING ONLY) with the Keizer Police Depart- ment, Property & Evidence Department, PO Box 21000, Keizer OR 97307-1000 within 30 days from the date of this notice or your rights will be forfeited. Include your name, address, phone number, date property was lost or stolen, suffi cient description, proof of ownership/documentation to establish reasonable cer- tainty of ownership. You will be contacted only if we can verify ownership by the de- scription you provide. PROPERTY DESCRIPTION: Bicycles Ski Equipment – Snowboards, Binders Laptop Computers, Cases New I- Phone and Accessories Clothing Hunting Bow Baby Strollers Watches/ Jewelry Air Guns, BB’s, Pistol Grips Binoculars Camera Lens RC Vehicles Theatrical Costume New Tires Construction Equipment Tools Date of Notice: 09-08-17 9/8, 9/15, 9/22, 9/29 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No. 17PB06086 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: DENNIS WAYNE SIMPSON, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative at P.O. Box 316, Woodburn, OR 97071, within four months after the date of fi rst publication of this notice, or the claims may be barred. All persons whose rights may be affected by the proceedings may obtain additional information from the records of the Court, the personal representative, or the lawyer for the personal representative. Dated and fi rst published on September 15, 2017. Diana Simpson Personal Representative Personal Representative: Diana Simpson P.O. Box 316 Woodburn, OR 97071 503-981-9104 Attorney for the Personal Representative: Ronald M. Hellewell 1596 Liberty Street SE Salem, Oregon 97302 503-399-7430 503-399-0545 fax rhellewell@aol.com 9/15, 9/22, 9/29 NOTICE TO INTERESTED PERSONS NOTICE TO INTERESTED PERSONS PATRICIA TIPTON has been appointed Personal Representative of the ESTATE OF MICHAEL A. TIPTON, deceased, by judgment of the Circuit Court of the State of Oregon for Marion County, Probate Case No. 17PB06693. All persons having claims against the estate are hereby required to present them, with vouchers attached, to the undersigned Personal Representative, c/o Susan P. Cook, Attorney at Law, 117 Commercial St. NE, Suite 260, PO Box 5943, Salem, OR 97304, within four (4) months after the date of fi rst publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by the proceedings may obtain additional information from the records of this court, the Personal Representative or the attorney for the Personal Representative. Dated and fi rst published: September 15, 2017. Patricia Tipton Personal Representative Susan P. Cook, OSB #962492 Attorney for Personal Representative 117 Commercial St. NE, Suite 260 PO Box 5943 Salem, OR 97304 (503)581-6878 e-mail: scookatty@aol.com 9/15, 9/22, 9/29 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION PROBATE DEPARTMENT No. 16PB02812 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of Paul Milton Rucker, Deceased. Notice is hereby given that Christopher K. Anderson has been appointed as the personal representative of the above estate. All persons having claims against the estate are required to present them to the undersigned personal representative, within four months after the date of fi rst publication of this notice, as stated below, or such claims maybe barred. All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the Court, the personal representative or the attorney for the personal representative. Dated and fi rst published September 15, 2017 Christopher K. Anderson PO Box 191 Scotts Mills, OR 97375 Personal Representative Mikelle L Rupp, OSB# 111385 Attorney for Personal Representative 8655 SW Citizens Dr., Suite 104 Wilsonville, OR 97070-9490 Telephone: (503) 922-0961 Fax: (503) 980-7476 kellyrupp@lawyer.com 9/15, 9/22, 9/29 SUMMONS BY PUBLICATION IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No.: 17CV36925 SUMMONS BY PUBLICATION U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 2006, GSAMP TRUST 2006- HE4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE4, Plaintiff, v. THE UNKNOWN HEIRS AND DEVISEES OF FRANCIS JOHN ATTENBERGER; ORRIN ATTENBERGER; IRVIN ATTENBERGER; OCCUPANTS OF THE PROPERTY, Defendants. To: The Unknown Heirs and Devisees of Francis John Attenberger You are hereby required to appear and defend the Complaint fi led against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must “appear” in this case or the other side will win automatically. To “appear” you must fi le with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of fi rst publication specifi ed herein along with the required fi ling fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney immediately. If you need help in fi nding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763 or toll- free in Oregon at (800) 452- 7636. The relief sought in the Complaint is the foreclosure of the property located at 2865 Ladybug Court NE, Salem, OR 97301. Date of First Publication: September 15, 2017. McCarthy & Holthus, LLP s/ Jeremy Clifford Jeremy Clifford, OSB #142987 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: jclifford@mccarthyholthus.com Of Attorneys for Plaintiff 9/15, 9/22, 9/29, 10/6 NOTICE TO CLAIMANTS CIRCUIT COURT OF OREGON COUNTY OF MARION Case No. 17PB06921 NOTICE TO CLAIMANTS In the Matter Of CAROL J. HARLAND LIVING TRUST DATED NOVEMBER 27, 2002 NOTICE IS HEREBY GIVEN that the undersigned is Trustee under the Carol J. Harland Living Trust dated November 27, 2002. All persons having claims against the trust estate are required to present them, with vouchers attached, to the undersigned Suzanne L. Murzello, Trustee, c/o Freeman Green, Saalfeld Griggs PC, P.O. Box 470, Salem, OR 97308, within four months after the date of fi rst publication of this notice, or the claims may be barred. The name of the Settlor of the trust is Carol J. Harland. All persons whose rights may be affected by the proceedings may obtain additional information from the records of the court or the attorneys for the personal representative, Saalfeld Griggs PC. Dated and fi rst published September 15, 2017. Suzanne L. Murzello, Trustee, Carol J. Harland Living Trust dated November 27, 2002, Petitioner Attorney For Petitioner: Freeman Green, OSB #080737 Saalfeld Griggs PC PO Box 470 Salem, OR 97308 Phone: (503) 399-1070 Email: fgreen@sglaw.com required to present them to said Personal Representative at 131 W. Main St., P O Box 350, Sublimity, OR 97385, within four months after date of fi rst publication of this notice or they may be barred. Your rights may be affected by this proceeding and additional information may be obtained from the records of the Court, the Personal Representative or the attorneys for the Personal Representative. DATED and fi rst published September 22, 2017. 9/15, 9/22, 9/29 Juanita V. Culver Personal Representative NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Stephen L. Tabor, P.C. Attorney at Law 131 W. Main Street P O Box 350 Sublimity, OR 97385 Attorney for Personal Representative 9/22, 9/29, 10/6 Case No. 17PB04154 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: JANICE LEE CLUGSTON, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative, c/o Raphael Conant, Attorney at Law, PO Box 852, Salem, OR 97308, within four months after the date of fi rst publication of this notice, or the claims may be barred. All persons whose rights may be affected by the proceedings may obtain additional information from the records of the court, the personal representative, or the attorney for the personal representative, Raphael Conant. Dated and fi rst published September 15, 2017. Eric Clugston, Personal Representative Raphael Conant Attorney for Personal Representative 495 State St., Ste 500 PO Box 852 Salem, OR 97308 (503) 581-1500 9/15, 9/22, 9/29 NOTICE TO INTERESTED PERSONS NOTICE TO INTERESTED PERSONS Juanita V. Culver has been appointed Personal Representative of the ESTATE OF JOHN L. MORGAN, deceased, by the Circuit Court of the State of Oregon for Marion County under Probate No. 17PB06646. All persons having claims against the estate are NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION PROBATE DEPARTMENT Case No.: 17PB06361 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: MARK A. BUCK, Deceased. Notice: The Circuit Court of the State of Oregon, for the County of Marion, has appointed Tammy Maguire as Personal Representative of the Estate of Mark A. Buck, deceased. All persons having claims against said estate are required to present the same, with proper vouchers to the Personal Representative, c/o Stan Butterfi eld, Stan Butterfi eld, P.C., Attorney at Law, 946 SE Uglow Ave, Dallas, OR 97338, within four months from the date of the fi rst publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by this proceeding may obtain additional information from the records of the court, the Personal Representative, or the Attorney for the Personal Representative. Dated and fi rst published September 22, 2017. Tammy Maguire, Personal Representative c/o Stan Butterfi eld, P.C. Attorney at Law 946 SE Uglow Ave Dallas, OR 97338 Telephone: (503) 623-2427 Email: stanbutterfi eld@hotmail.com 9/29, 10/6, 10/13
