THE DAILY ASTORIAN • MONDAY, MARCH 23, 2015
NORTH COAST
3A
Trial set for Michel Mitchell in child sex abuse case
Defense argues
against warrant
for Google
searches, email
Aug. 31, 2014.
The female victim was
younger than the age of 14 at
the time of the alleged abuse.
At a hearing Friday, Mitch-
ell’s defense lawyer Jay Frank
of Eugene argued for a motion
to quash the prosecution’s
By KYLE SPURR
search warrant for Mitchell’s
The Daily Astorian
emails and Google searches.
Frank said the search war-
A summer trial has been rant was too broad and did not
scheduled for the Astoria man specify the suspected criminal
accused of multiple sex abuse conduct.
charges.
³,W¶VUHDOO\D¿VKLQJH[SH-
Judge Cindee Matyas on dition,” Frank said.
Friday tentatively set a three-
Judge Matyas denied the
WR¿YHGD\WULDOWREHJLQDW motion to quash and direct-
a.m. Aug. 11 in Clatsop Coun- ed the prosecution to amend
ty Circuit Court for Michel its search warrant to focus
Thomas Mitchell.
on emails related to the al-
Mitchell, 45, is charged leged crimes. Prosecutor
ZLWKFRXQWVRI¿UVWGHJUHH Dawn Buzzard said the search
sexual abuse (a Class B felo- warrant will focus on corre-
ny), two counts of tampering spondence since 2007, when
with a witness and one count 0LWFKHOO PDGH ¿UVW FRQWDFW
of bribing a witness.
with the alleged victim.
The alleged sexual abuse
Google will send Mitch-
occurred between Jan. 1, ell’s searches and emails that
2007, and Jan. 1, 2012, ac- relate to his Gmail account.
cording to court documents, Much like a search warrant
and the charges of tampering into someone’s house only to
and bribing a witness oc- look for drug-related materi-
curred between Aug. 1 and al, the prosecution will only
Mitchell was arrested Sept.
24 after Astoria Police re-
ceived a report in early August
from the Oregon Department
of Human Services about a
possible child sex abuse case
involving Mitchell.
He is out on bail and ap-
peared in person at the hear-
ing Friday.
Other email communica-
tion between Mitchell and
the girl’s mother included al-
leged planning and collusion,
VSHFL¿F TXHVWLRQDQGDQVZHU
Michel Mitchell
information based on how he
believed interviews would go
look for Google searches and and Mitchell suggesting the
emails related to the alleged girl talk to someone who is
crimes, Buzzard said.
not a mandatory reporter to
The search warrant stems ¿QG RXW ZKDW VKH PLJKW VD\
from emails obtained by the according to court documents.
prosecution from the victim’s
“It’s crazy to see how con-
mother.
trolling he was,” Buzzard said
Emails from the victim’s in a previous court hearing.
mother show on Aug. 10,
Upon further investigation,
Mitchell sent her an email the prosecution obtained more
that listed out the state statute probable cause for the search
IRU VH[XDO DEXVH LQ WKH ¿UVW warrant based on two previous
degree. In addition, an email incidents where, Buzzard said,
sent on Aug. 14, had a link Mitchell allegedly showed a
about “respectfully commu- sexual interest in children.
nicating with CPS and DHS,
7KH ¿UVW LQFLGHQW ZDV UH-
DFFRUGLQJWRWKHDI¿GDYLW
SRUWHG 6HSW ZKHQ 0LWFK-
Port could have new audit
ready for budgeting season
By EDWARD STRATTON
The Daily Astorian
The Port of Astoria could
KDYH LWV ¿VFDO \HDU
audit ready by May, accord-
LQJ WR LWV DXGLWLQJ ¿UP 0RVV
Adams.
“The state’s OK with
you being behind, as long as
we can have an audit on the
streets for the budget meet-
ings,” said Jim Lanzarotta, a
partner with Portland-based
Moss Adams. Lanzarotta
started his accounting career
in Astoria and audited the
Port during the tenure of for-
mer Executive Director Peter
Gearin.
The Port of Astoria failed
to turn in an audit within six
months of the end of its last
¿VFDO \HDU ZKLFK HQGHG -XQH
30. It contracted CFO Selec-
WLRQV¿QDQFLDOFRQVXOWLQJ¿UP
to comb through and check the
DFFXUDF\RILWV¿QDQFLDOVWDWH-
PHQWV DQG LWV ¿VFDO
year audit, done by West Linn-
based Merina & Company.
Lanzarotta said Moss Ad-
ams has been planning the
Port’s audit this month with
the help of CFO Selections
and is looking to do the main
research in April.
The Port hasn’t started
meeting yet to plan its 2015-
16 budget, which is due June
30. Lanzarotta said that bar-
ring any setbacks in CFO Se-
lections’ review of the Port’s
¿QDQFHV WKH DXGLW VKRXOG EH
available when the Port Bud-
get Committee starts meeting.
But the Port’s audit and
budgetary issues could go
back a ways, Todd Kimball
from CFO Selections revealed.
Uncashed check
In 2010, Kimball said, the
Port Commission approved of
using a $110,000 check from
the Energy Trust of Oregon
on behalf of work done at the
%RUQVWHLQ 6HDIRRGV RI¿FH LQ
2007. It should have been re-
corded then as a long-term re-
ceivable and held in a restrict-
ed account, but it still hasn’t
been recorded.
The check, which will
have to be recorded as an ex-
pense, is among the changes
Kimball said would have to be
made on previous audits and
budgets.
At the Tuesday Port Com-
mission meeting, he covered
WKHFKHFNDQG¿YHRWKHULVVXHV
he’s found with the Port’s past
¿QDQFLDOVLQFOXGLQJ
• A net adjustment of
$75,000 to the Port’s expens-
es and revenue, after gross ad-
justments of $475,000.
• 235 misreported items,
because of lack of under-
standing about reporting and
a lack of care in the reporting.
• Misreported tenant im-
provements and Port-issued
rent credits. In total, he said,
the Port’s reduced rent equal
to $450,000 between 2012
and 2014 in exchange for
WHQDQW¿QDQFHG
LPSURYH-
ments. The improvements,
he said, should have been re-
FRUGHG DV ¿[HG DVVHWV JRLQJ
against liabilities.
• Unreported potential li-
abilities related to the Asto-
ria Areawide Groundwater
Contamination. The Oregon
Department of Environmen-
tal Quality, the Port and pe-
troleum distributors formerly
located on Port property have
been negotiating a cleanup
effort since 2000. Kimball
said he’s been working with
Moss Adams to summarize
the Port’s potential environ-
mental liability on the issue.
Lanzarotta added that the
potential liabilities of the
cleanup would be offset by an
estimate of what the Port’s in-
surers might pay.
6HYHUDO ¿[HG DVVHWV YH-
hicles, tools, etc.) disposed of
but not taken off the books.
Kimball said those changes
would be minimal.
Kimball said the changes
would all require amendments
to the Port’s 2013-14 audit,
with footnotes disclosing the
changes.
Lanzarotta said it’s up to
the Port whether to change
prior year’s budgets or ad-
just the current budget to ac-
count for any changes. “Often
times, taking the hits (in the
current year) and cleaning up
¿QDQFLDOV LV WKH XVXDO UHDF-
tion,” he said.
Good this year
ell’s ex-wife, married to him
between 2003 and 2007, said
VKH UHFDOOHG ¿QGLQJ VXVSL-
cious material on his computer
while they were married. She
told detectives she clicked on
a folder on his computer and
found links to pictures of girls
between 6- and 8-years old
that were fully clothed.
“The pictures were not
sexy pictures, but when she
clicked on an associated link
from that page, it took her
to adult pornography,” court
documents state.
The second incident was
UHSRUWHG 6HSW E\ D IRU-
mer co-worker of Mitchell’s.
The co-worker, who worked
with Mitchell between 2005
and 2008, said he brought his
5-year-old daughter to work.
His daughter and Mitchell
ZHUH LQ WKH RI¿FH WRJHWK-
er. Mitchell came out and
claimed the girl was looking
up adult pornography on the
computer, according to the
co-worker.
“He later asked his daugh-
ter about the allegation, but
she said she didn’t do any-
thing and that the pornogra-
phy had come up under the
search bar on the computer,”
the court documents stated.
Frank argued Friday that
the previous incidents do not
relate to the current charges of
sex abuse.
“These episodes did not
involve child sex abuse and
did not involve emailing,” he
said.
At the Friday hearing,
Frank said he was hesitant
about an August trial date.
Waiting for the Google
searches and emails and text
messages off of the alleged
victim’s phone, may take
time, Frank said.
“Mr. Mitchell’s livelihood is
at stake,” he said. “He has a right
to a speedy trial but sometimes
that can be a fool’s errand.”
Frank also indicated he
SODQV WR ¿OH D UHTXHVW IRU D
settlement conference, where
he hopes to avoid trial by
reaching an agreement with
the prosecution.
Besides the proposed set-
tlement conference, Judge
Matyas set a status hearing
for 3:30 p.m. May 14, the last
hearing before trial.
Roller derby
smashing action
Air Raid’s jammer MasScara tries to pass Shanghaied Roller Doll’s pivot Smelter
Skelter during the second half of the Spring Breakdown roller derby match at the
Astoria Armory Saturday. Air Raid Roller Girls won 170-113. See more photos from
the derby online at dailyastorian.com.
Along with the report on
WKH 3RUW¶V SDVW ¿QDQFLDOV DQG
audit Tuesday, Finance Man-
JOSHUA BESSEX — The Daily Astorian
ager Jim Grey reported that
WKURXJKWKH¿UVWVHYHQPRQWKV
RIWKH¿VFDO\HDU²
-XO\ WKURXJK -DQXDU\ ² WKH
Port has more than $500,000
in net income.
6XVDQ %URRNV WKH ¿QDQFH
7KH FHUWL¿HG SXEOLF DF-
7KHFLW\¶V¿QDQFHGLUHFWRU
Grey’s report was the sec-
ond in as many months. Both and administration director at countant had previously served also functions as the city trea-
reports have been advisory Tongue Point Job Corps Center, DV WKH FLW\¶V DVVLVWDQW ¿QDQFH surer and city clerk and over-
sees human resources.
items, meaning the Port Com- LV$VWRULD¶VQHZ¿QDQFHGLUHFWRU GLUHFWRUIURPWR
mission still hasn’t voted to
DSSURYH WKHP LWV ¿QDQFLDOV
7KHUHDUHQRDSSURYHG¿QDQ-
cials since December 2013
listed on the Port’s website.
“What
we’re
seeing
WKURXJKWKH¿UVWVHYHQPRQWKV
is strong operating revenues,”
said Grey, adding that most
categories of revenue exceed-
ed what was budgeted for in
June.
W A NTED
Alder and Maple Saw Logs & Standing Timber
N orth w es t H a rdw oods • Lon gview , W A
Contact: Steve Axtell • 360-430-0885 or John Anderson • 360-269-2500
$VWRULDQDPHVQHZ¿QDQFHGLUHFWRU
201 4 RAM 15 00
SLT, Crew Ca b,
4x4
Stock #394067
$43,070
-$3,682
-$2,000
-$2,000
-$500
SALE
PRICE
$ 34 , 888 *
MSRP
Lum’s Discount
Consumer Cash
Ram Truck Bonus Cash
Truck Month Bonus Cash
201 4 RAM 25 00
SLT, Crew Ca b,
4x4
SALE
PRICE
Stock #394075
$54,330
-$4,942
-$3,000
-$500
$ 45 , 888 *
MSRP
Lum’s Discount
Consumer Cash
Truck Month Bonus Cash
201 4 DODGE
oa d ,
JOURNEY Crossr
AW D
Stock #394053
201 4 RAM 15 00
4x4, Crew Ca b,
Tra d esm a n
Stock #394086
$37,325
-$2,837
-$2,000
-$500
$ 2 7 , 989 *
$ 3 1 , 988 *
201 4 RAM 15 00
D
L
O
S 32 , 999
4x4, Crew Ca b,
Tra d esm a n
Stock #394099
$40,360
-$3,861
-$2,000
-$1,000
-$500
$
MSRP
Lum’s Discount
Consumer Cash
Ram Truck Bonus Cash
Truck Month Bonus Cash
SALE
PRICE
SLT, Crew Ca b,
4x4
*
$43,440
-$3,352
-$2,000
-$2,000
-$500
$ 35 , 588 *
MSRP
Lum’s Discount
Consumer Cash
Ram Truck Bonus Cash
Truck Month Bonus Cash
201 4 DODGE
DURANGO SX T, AW D
Stock #394069
SALE
PRICE
$33,390 MSRP
-$1,202 Lum’s Discount
-$1,000 Consumer Cash
$ 3 1 , 188 *
201 4 DODGE
CHARGER RW R/T, D
201 4 DODGE
CHARGER AW R/T, D
Stock #395011
Stock #394095
SALE
PRICE
$38,280 MSRP
-$2,292 Lum’s Discount
-$2,500 Consumer Cash
SALE
PRICE
Stock #394097
MSRP
Lum’s Discount
Consumer Cash
Truck Month Bonus Cash
SALE
PRICE
$32,720 MSRP
-$4,732 Lum’s Discount
SALE
PRICE
201 4 RAM 15 00
$ 33 , 488 *
SALE
PRICE
$36,090
-$1,802
-$2,500
-$1,000
MSRP
Lum’s Discount
Consumer Cash
Bonus Cash Rebate
$ 30 , 788 *
201 5 DODG E
DART SE
Stock #395010 • #395022
2 AT TH IS
L O W , L O W
PRICE !
$ 1 7 , 583 *
$19,865 MSRP
-$782 Lum’s Discount
-$1,500 Consumer Cash
Vo ted
BEST
H IP
RS
C AR D EA LE
E VERY Y EA R
888-488-4260
www.lumsautocenter.com
1605 SE Ensign Ln
Warrenton
*Special APR financing is not available on all models — ask dealer if your model qualifies. Consumer cash rebates do not apply when 0.0% financing is chosen. Bonus Cash
rebates do not apply when 0.0% APR financing for 72 months is selected. O.A.C. through Chrysler Capi tal. Special price does not include $75 doc. title, registration and tax,
if applicable. Lum’s discounts and manufacturer’s’ incentives may vary by model. See Lum’s Auto Cent er for complete details. Subject to prior sale. Offers end 3/31/15.