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