Image provided by: University of Oregon Libraries; Eugene, OR
About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Feb. 23, 2015)
OPINION 6A T HE D AILY A STORIAN Founded in 1873 STEPHEN A. FORRESTER, Editor & Publisher LAURA SELLERS, Managing Editor BETTY SMITH, Advertising Manager THE DAILY ASTORIAN • MONDAY, FEBRUARY 23, 2015 GUEST COLUMN State doesn’t need grand jury reform bill of including a dedicated that come before them. grand jury room when it I’ve asked several former JOHN D. BRUIJN, Production Manager renovated the courthouse grand jurors their opinion DEBRA BLOOM, Business Manager a few years ago. Installing here is a growing effort in of this bill. They think it’s a recording system would SAMANTHA MCLAREN, Circulation Manager Salem, led by Rep. Jennifer a lousy idea. likewise be on the coun- If the bill passes, every Williamson, D-Portland, to question by every grand ju- ty’s dollar. make a “basic reform” that ror, every answer by every The Oregonian admit- ted that, “It’s worth noting would “increase transparency” witness, will be recorded, that secrecy in itself is not primarily to give defense of grand jury proceedings. Josh Marquis DEDGWKLQJ7KHFRQ¿GHQ attorneys the opportunity SB-365, co-sponsored by Sen. to challenge indictments tial nature of grand jury Jeff Kruse, R-Roseburg, proposes and to confront victims with any in- proceedings means that those who to record all questions and answers consistent responses. My educated are about to be indicted won’t have in grand jury proceedings and make guess is that a substantial number advance warning and take off, for in- them immediately available to the of vulnerable victims, who are often stance. Those whom the grand jury WHUUL¿HG RI WKH FRXUW V\VWHP ZRXOG declines to indict are never public- defense attorneys. simply refuse to testify. The bill will O\ LGHQWL¿HG HLWKHU ² VDYLQJ WKHP ixed use has been a hot topic in urban planning for The proposal has gained the ap- have a particularly chilling effect on from being unfairly stigmatized.” No prosecutor, no grand juror, GHFDGHV0L[LQJSXEOLFDQGSULYDWHXVHV²UHWDLORI¿FH proval of The Oregonian http://bit. victims of child abuse, sex abuse and wants to charge an innocent person ly/1AYCirB and is on the fast track domestic violence. space and housing — makes sense. A mixed-use development to approval. with a crime. We simply don’t have a history of But, like many bills, builds more life into downtowns. And for developers, mixed that happening, either SB-365 is a solution to The only documented case of grand use enlarges the number of investors who can be brought to a problem that doesn’t in Clatsop County or jury abuse in Oregon in the last quarter Oregon. The cost of this exist in Oregon. The the table. bill, both in money and only documented case century happened here in Astoria. When Astorians were asked above that and housing above that. in the trust of victims, of grand jury abuse in a decade ago what to do with Sometimes retail is also included on Oregon in the last quar- is too high. If the leg- the downtown block vacated by WKHJURXQGÀRRUZKLFKSURYLGHVDQ ter century happened here in Astoria SB-365 will not bring Oregon islators truly want to create more Safeway, a mixed-use development additional revenue stream. in 1993. That summer, then-District into line with more than 30 other “transparency,” why not change became the consensus choice. Councilor Zetty Nemlowill Attorney Julie Leonhardt, angry states. Most states, including Idaho the evidence code to allow jurors to 7KHVH YLVLRQLQJ VHVVLRQV ¿OOHG WKH makes the point that Astoria needs at the Astoria Police for not giving and California, forego grand juries know a defendant’s actual criminal Kern Room of the Columbia River more workforce housing. Heritage “special treatment” to her boyfriend in favor of preliminary hearings, a history? At the heart of any “reform” on a reckless criving charge, some- public minitrial without a jury. They Maritime Museum. Square would be a logical location how got the grand jury to charge two are time-consuming and expensive, should be an existing injustice. SB- As Derrick DePledge reported — in the heart of town and feeding SROLFHRI¿FHUVRIIHORQLHVZKLFKWKH\ but do “preserve” testimony, should 365 is a solution in search of a prob- last Wednesday, the drive to it with vitality. had never committed and for which a witness vanish, refuse to testify lem. It only addresses No. 1 on the preserve the Waldorf Hotel drove Inertia is the enemy of concepts there was no evidence. Leonhardt’s again or claim later they can’t re- wish list of the one group who will Astoria Mayor Arline LaMear to like this. It is always easier to put plan fell apart quickly because Ore- member. Should SB-365 pass, many EHQH¿WIURPLWFULPLQDOGHIHQVHDW torneys. disconnect library planning from up with a dysfunctional building or gon grand jury indictments, then and prosecutors, including myself, may Hundreds of Clatsop County cit- now, must bear the names of any wit- well decide to conduct preliminary the preservation discussion. That is situation than it is to summon the nesses who testify. hearings on tougher cases. Although izens have served as grand jurors a wise choice. public will to move to a new concept, /HRQKDUGWZDVEDUUHGIURPRI¿FH the method is different, the outcome just while I’ve been Clatsop Coun- ty’s district attorney. They are your by the governor, indicted, recalled, is the same: recorded testimony. The east end of the Safeway block a new solution. friends, family, your neighbors. Ask convicted, jailed and eventually dis- You can’t simply drop a $40 re- is prime territory for a new library as Our new mayor and new them about what they think of the barred. corder on a table and call it good. part of a mixed-use development. councilors have what it takes to bring Grand jurors are seven people Each of the three courtrooms in LGHDDQG KRZ GLI¿FXOW LW LV WR JHW The solution could include the public something new to the table. That is picked at random by court staff. &ODWVRS&RXQW\LVRXW¿WWHGZLWKPL people often at the worst moments OLEUDU\ RQ WKH JURXQG ÀRRU RI¿FHV what Astoria needs. They serve together for two months, crophones and a recording system of their life tell their story truthfully act as a check and balance on the that is operated by the courtroom’s and completely. Joshua Marquis was just sworn power of the district attorney and judicial assistant. Each recording take an active role in asking ques- is marked, timed, logged and se- in last month to his seventh term as tions and deliberating on the cases cured. The county bore all the cost Clatsop County District Attorney. CARL EARL, Systems Manager By JOSHUA MARQUIS For The Daily Astorian T Mixed-use library concept makes sense M Inertia is the enemy of change Preservation can be costly for a community $EROLVKWKH¿OLEXVWHUJREROG Weighing the aspirations and reality of historic preservation ing for DHS, threatening with an executive amnesty to shut it down. for illegal immigrants that The latter narrative is for four years he himself more accurate: Democrats had insisted was unlawful. ysterville, Wash., is one district boundaries. are stopping the funding. As for procedure, Reid ASHINGTON — I’ve A number of other disputes have of seven examples singled Moreover, a presidential been radicalized. By went nuclear in November out this year in Knute Berger’s blown up over the intervening years. veto would lead to a more 2013 when he abolished XVHIXO DQQXDO VXUYH\ RI 3DFL¿F Considering the never-ending issue Harry Reid and Barack Obama. WKH¿OLEXVWHUIRUSUHVLGHQ fair allocation of blame. Goodbye moderation and sweet tial appointees and judi- And it’s blame allocation Northwest historical assets at risk of trying to enforce rules in a rural that determines which side cial nominees (below the of loss or degradation. Berger also county with a severe lack of funds, reason. No more clinging to constitution- EOLQNV ¿UVW7KH SUHVLGHQW Supreme Court). He did Charles weighs in on another subject of most locals would be inclined to al and procedural restraint. It’s time it to pack the D.C. Circuit will have a major incen- Krauthammer regional interest — widespread think Oysterville has done rather to go nuclear. WLYHWR¿QGVRPHIDFHVDY Court of Appeals with lib- replacement of old buildings with well. LQJ¿QHVVH In the fourth quarter of his pres- erals. The nation’s liberal %XW ¿OLEXVWHU DEROLWLRQ LV PRUH new ones. The 18 actual active residents idency, Obama unbound is abusing chorus cheered. “Elections are sup- Berger’s Mossback column of the village — many of whom presidential authority at will to se- posed to have consequences,” read than a one-shot proposition. It would in the online news source are only there part time — struggle cure a legacy on everything from one typical commentary. “It was radically change the next two years. It would give Republicans full con- environmental regulation to immi- time to push the button.” Boom. Crosscut is essential reading for to get along in a place with a vast gration, the laws of which he would My beef with Reid was not what trol of the Congress and allow swift Northwesterners interested in external fan club. It’s safe to say unilaterally suspend. KHGLGEXWKRZKHGLGLW7KH¿OLEXVWHU passage of a GOP agenda. celebrating this region as a uniquely that all feel bruised, sensitive and It would also clarify the antago- 5HSXEOLFDQV ¿QG WKHPVHOYHV RQ has grown in use and power over the decades to the point of nists: a lawless president vs. a willful powerful intersection of history, frustrated by the delicate balancing the sidelines bleating dysfunction. Everything Congress. The GOP could be sending characters and scenery. His role act between stewardship and plaintively about vio- On policy, lations of the separa- needed 60 votes. This is bill after bill to the president’s desk is evangelist for preservation. respecting private property rights. tion of powers. They Obama has relatively new and no- — on tax reform, trade, Obamacare But writing from Seattle, he is Berger also speaks in his current thought they found an where to be found in the and, if it has the guts, immigration. not always completely attuned to column about the desirability of instrument of resistance repeatedly Obama’s choice? Sign, veto or Constitution. the nuances of local struggles to reusing rather than demolishing in funding for the De- My problem was negotiate a compromise. If he ve- the egregious way Reid toes, then Republicans take that is- combine historical stewardship with older residential buildings — partment of Homeland usurped the practical necessities of running especially in Oregon — citing Security. The House congressional changed the rule: by a sue to the country in 2016. What’s the downside? Democrats has funded the whole simple majority, 52-48, functional communities. Restoreoregon.org for its admirable department except for showed in 2013 their willingness to with zero Republicans power. Oysterville excites special efforts. the immigration service, onboard (and three trash Senate procedure for a mess of attention. It is old by Northwest In this case, too, local which was denied the Democrats defecting). pottage — three judges on one court. standards, having been established circumstances merit careful money to implement Obama’s exec- As I wrote at the time, “If a bare ma- If Republicans stand pat now, what’s jority can change the fundamental to stop Democrats from abolishing in 1854. It was rich for a time consideration. The overall wisdom utive amnesty. %XW 'HPRFUDWV KDYH ¿ OLEXVWHUHG rules that govern an institution, then WKH¿OLEXVWHUDOWRJHWKHUZKHQLWVXLWV based on shipping oysters to Gold of renovating or repurposing them in the future? the bill in the Senate, where it will there are no rules.” Rush-era San Francisco. Then antiquated structures doesn’t die. And as the night follows day, And think of the upside. A GOP I was not the only one to warn that — like the now-heavily touristed mean it makes sense in every 5HSXEOLFDQV QRW WKH ¿OLEXVWHULQJ Democrats would rue the day. Once resort to the nuclear option might villages in England’s former wool- VSHFL¿F LQVWDQFH $ EXLOGLQJ FDQ Democrats, will be blamed for shut- you go nuclear, so can the other guy. make Democrats come to their sens- 5HLGZHQW¿UVW7LPHIRU0DMRUL es and negotiate a new understand- centric Cotswolds — Oysterville be conceptually interesting and yet ting down DHS and jeopardizing the nation’s safety at a time of height- W\/HDGHU0LWFK0F&RQQHOOWR¿ QLVK ing that any fundamental change was ignored for generations after VWLOO KDYH D QHJDWLYH FRVWEHQH¿W ened international terrorism. the job. Push the button. Abolish the in Senate rules — e.g., altering the native oyster reefs were mined out. ratio within the context of the ¿OLEXVWHU ² ZLOO KHQFHIRUWK UHTXLUH A nice cul-de-sac. But there is a ¿OLEXVWHU This resulted in a nice collection of needs of a particular community or way out for the GOP. Go bold. Go Then immediately pass the House some agreed to supermajority. No houses and other structures being neighborhood. QXFOHDU $EROLVK WKH ¿OLEXVWHU 3DVV homeland security bill and send it to more bare-majority party-line coups. This would be ideal. But that’s the president. He is likely to veto it, left to preserve. Modern attention As a footnote, Berger makes the the bill and send it to the president. I know that breaks a lot of china. but the politics will have been radi- for later. For now, go for the doable. returned to the village in the 1970s, valuable point that “a broad heritage when it was designated a National advocacy group that operated But Congress is already knee-deep cally changed. The current storyline $EROLVK WKH ¿OLEXVWHU DQG FKDOOHQJH in fractured porcelain. On policy, is: Republican Congress won’t fund the president. And when asked, Historic District. across silos — a kind of Sierra Obama has repeatedly usurped con- DHS, threatening to shut it down. “How can you do such a thing?” tell But as in most places, its Club for Heritage — is needed in gressional power, most egregiously New storyline: Obama vetoes fund- them to ask Harry Reid. buildings weren’t constructed in the the Northwest. It would take on ¿UVWSODFHZLWKWKHLGHDWKH\ZRXOG advocacy for historic preservation, last more than a century. Climate, archaeology and cultural resources • 86 5HS 6X]DQQH %RQDPLFL 3753. Web: www.merkley.senate.gov OR 97110. Phone: 503-986-1432. wood beetles, termites and other protection, and museum, library, (D): 2338 Rayburn HOB, Washing- • 6WDWH5HS%UDG:LWW': State Web: www.leg.state.or.us/ boone/ factors all wage an unrelenting archive and education in history, ton, D.C., 20515. Phone: 202- 225- Capitol, 900 Court Street N.E., H-373, • 6WDWH 6HQ %HWV\ -RKQVRQ ': war on old wooden buildings on geography and social studies.” 0855. Fax 202-225-9497. District Salem, OR 97301. Phone: 503-986- State Capitol, 900 Court St. N.E., the shore of Willapa Bay. Legal Berger says such a group would RI¿FH 6: 0LOOLNDQ :D\ 1431. Web: www.leg.state.or.us/witt/ S-314, Salem, OR 97301. Telephone: 503-986-1716. Email: sen.betsy john- challenges to decisions made by need deep pockets for litigation. Suite 220, Beaverton, OR 97005. Email: rep.bradwitt@state.or.us Phone: 503-326-2901. Fax 503-326- • 6WDWH5HS'HERUDK%RRQH': son@state.or.us Web: www.betsy- the village’s Design Review Board More important, in our view, would 5066. Web: bonamici.house. gov/ 900 Court St. N.E., H-375, Salem, OR MRKQVRQFRP'LVWULFW2I¿FH32%R[ began almost immediately, with an be deep pockets to actually aid • 866HQ-HII0HUNOH\': 313 97301. Phone: 503-986-1432. Email: R, Scappoose, OR 97056. Phone: 503- Anchorage woman unsuccessfully communities in living up to the +DUW 6HQDWH 2I¿FH %XLOGLQJ :DVK rep.deborah boone@state.or.us District 543-4046. Fax: 503-543-5296. Astoria suing to place a mobile home within lofty aspirations of preservationists. ington, D.C. 20510. Phone: 202-224- RI¿FH 32 %R[ &DQQRQ %HDFK RI¿FHSKRQH O By CHARLES KRAUTHAMMER Washington Post Writers Group W Where to write