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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Aug. 17, 2015)
OPINION 4A THE DAILY ASTORIAN • MONDAY, AUGUST 17, 2015 GUEST COLUMN Plea negotiation serves a greater good Founded in 1873 STEPHEN A. FORRESTER, Editor & Publisher LAURA SELLERS, Managing Editor BETTY SMITH, Advertising Manager CARL EARL, Systems Manager JOHN D. BRUIJN, Production Manager DEBRA BLOOM, Business Manager HEATHER RAMSDELL, Circulation Manager Are we doomed to unstable county leadership? S cott Somers’ resignation as Clatsop County manager reveals a startling dissonance. While the county’s cities and major school districts have enjoyed relative stability in top management, county government has not. The startling detail in Kyle Spurr’s Thursday story on Somers’ departure is that Clatsop County has had nine top managers in the 15 years of home rule government. The ¿ rst manager, %ill %arrons, served almost half of that period, seven years. $s the Clatsop County %oard of Commissioners begins the predict- able “nationwide search” for a new manager, it is worth reÀ ecting on what the past can tell us. There is no consensus on whether Somers was good or bad for county government. While commission Chairman Scott Lee praises Somers, that adulation is not shared widely in among county employees or the larger community. Whatever you think of Somers’ record, the great omission was that he did not become part of the coun- ty’s cultural fabric. This was not his permanent home. Somers is not alone in that lifestyle. He is what could be called a À oating municipal professional who moves from city to city, never setting down roots. A large element in county gov- ernment’s revolving door has been the commission’s own instability. While there have been a number of long-term city councilors in Astoria, Seaside and Gearhart, the county commission has had none. Long- term service brings institutional memory. It is a good bet that sitting commissioners have little or no memory of where home rule came from or of the miscalculations and mistakes made by its predecessor commissions. County government — except when it goes disastrously off course — is generally less top-of-mind than city governments. Citizens have a much clearer image of the city they live in — Astoria and the rest — than they do of county gov- ernment — even though it is a large enterprise with around 200 full-time employees and a budget of $52.2 million. The commissioners are the elect- ed board of directors of this large en- terprise, and the manager is the hired executive. Commissioners might understand that intellectually, but at times they don’t get it emotionally. As the toll of departed depart- ment managers mounted under Somers, there was a moment when it appeared that some of the com- missioners, and Scott Lee especial- ly, acted as though they were work- ing for Somers. Collectively, they lacked the will to openly question whether the bloodletting was good for county business. A wise hiring decision must begin with the commission it- self. Unless commissioners have a shared image of what they want, the roller coaster ride will continue. When sediment runs free R emoval of the Elwha and Glines Canyon dams on the Olympic (Wash.) Peninsula to improve salm- on migration is revealing in dramatic terms just how substantially a river is altered by dams and what happens when they are removed. An Aug. 10 story in The New York Times pictures the restored Elwha River forming a large, sandy delta in the Strait of Juan de Fuca now since dams have been taken out. This sediment is being carried well beyond the river’s mouth, recharging beaches. “In the ¿ rst two years of the proj- ect (between 2011 and 2013), ... about 2.5 million cubic yards of sed- iment had accumulated in the river delta. As a result, the beaches there, long starved of sand, began grow- ing. The delta expanded hundreds of yards into the strait and spread more than half a mile to the east,” the U.S. Geological Survey reported. Another 1.5 million cubic yards of sediment have tumbled downstream into the delta in 2014-15. Eventually, the Elwha will return to a natural state in which around 300,000 cubic yards of Olympic Mountains sediment will be carried into the strait each year. It comes as little surprise to be reminded that Paci¿ c 1orthwest dams impound not only water, but also sediment. The Columbia River is one of the most drastic examples of this, with a network of enormous dams keeping sediment out of the natural hydraulic system and out of the river’s arti¿ cially enhanced navigation channel. Of the 600 riv- er miles between %onneville and the Canadian border, there are only 47 miles of free-À owing — the rest of the Columbia consists of slow-mov- ing puddles of water and a vast mass of entrapped mud. Some small fraction of sediment does still reach the tidally inÀ uenced part of the Columbia where we live. In addition, pre-dam sediment shifts around inside the estuary, necessitat- ing ongoing dredging to keep chan- nels open. For the most part, this dredged sediment has been redepos- ited outside the waterway on upland disposal sites or in deep water. Even in light of the positive experience on the Elwha, there is no real discussion of removing Columbia-Snake dams, which are much larger and serve a far wid- er set of interest groups. Even the Lower Granite Dam on the Snake River, controversially completed in 1975 and a favorite target of envi- ronmentalists, is unlikely to be de- commissioned in an era of western water shortages and sensitivity over carbon emissions. What can and should be inspired by the Elwha experience is placing a higher value on making certain that available sediments are not wasted. It’s possible sea-level rise will overwhelm all human efforts to compensate, but beaches will have a better chance of surviving longer if sediments can reach them. The U.S. Army Corps of Engineers is beginning to display more inter- est in keeping sediment within the beach-building system, for example by exploring the idea of dispersing it into fast-À owing portions of the river after it has been dredged from places like the Ilwaco, Wash., chan- nel. We may never return most Paci¿ c 1orthwest rivers to their natural conditions. In the Columbia system, doing so would make the river im- passible for modern vessels. %ut we still can learn from the Elwha and endeavor to make sediment useful again. By JOSHUA MARQUIS and DAWN BUZZARD For The Daily Astorian L ate in July a well-known local man, Michel Thomas Mitchell, was sen- tenced after pleading guilty to charges of attempted sexual abuse in the ¿ rst degree, bribing a witness and tampering with a witness. The victim, who was not identi¿ ed, was under 12 years old when most of the molestation occurred. Like the vast majority of criminal cases of the approximately 1,000 con- victions that occur annually in Clatsop County (and elsewhere) the case did not go to trial but was the result of ne- gotiation — what is sometimes called a “plea bargain.” If cases were not negotiated we’d need triple the number of prosecutors, defense attorneys and judges that serve our county’s justice system. Far from being some sleazy “deal” (the headline on the story read “Plea deal reached on sex abuse allegations”) a plea negotia- tion trades the certainty of a conviction for the state, the ¿ nality for the victim, and a known and usually bargained for resolution for the defendant. There is nothing “alleged” about his actions. He stands convicted of three serious felo- nies, one of which will require him to register as a sex offender. Contrary to an angry letter written by a friend who also happens to be a prominent local business owner, Mr. Mitchell had every opportunity to “tell his side.” They are generally called tri- als. He had a right to remain silent in court, but now some of his supporters are trying his case in the court of public opinion and in that forum he’s chosen never to tell “his side.” %ut he had the services of a private- ly retained and highly skilled defense attorney who negotiated the best result possible for his client. The letter, pub- lished July 31 in The Daily Astorian, charged that he was “never given a fair chance to defend himself.” 1oth- ing could be further from the truth. His computer had been professional- ly wiped, he refused to take any tests Dawn Buzzard Josh Marquis There are several teachable moments in this case. offered that might indicate he did not commit the acts to which he ultimately admitted, and he chose to plead guilty rather than face trial by his peers. Unfortunately the news story told readers he entered an “Alford plea,” but then only later explained it was a guilty plea. There are three pleas in the Ameri- can justice system — not guilty (mean- ing either the defendant is claiming innocence or declares the state has in- suf¿ cient evidence to convict him), “no contest” in which the defendant does not contest the evidence against him and a guilty plea. The “Alford plea” comes from a 1970 U.S. Supreme Court case where a murder defendant claimed he only en- tered the guilty plea because of fear he might be convicted of something worse or receive a harsher sentence. The Su- preme Court held that claiming you were “really innocent but still pleading guilty” meant … you were pleading guilty … period. More recently, in 2006 a U.S. Circuit Court of Appeals Judge held that an Alford guilty plea is a “vari- ation of an ordinary guilty plea.” The only difference is that the defendant, who often has vehemently denied his guilt to friends and family can claim, “I didn’t do it, but they’ll convict me anyway.” Mr. Mitchell did not receive “60 days of alternative sanctions” in place of “300 years in prison.” In order to prevent a young child, who had al- ready been sexually abused, threatened, bribed and manipulated, the further abuse of enduring a trial, our of¿ ce agreed (with the consent of the child and her parent) to a sentence that plac- es Mitchell on supervised probation as a sex offender for ¿ ve years. He is required to serve 90 days in jail, 60 of which can be served on what are called “alternative sanctions” largely because as is well-known we have almost no jail space. %ut more importantly Mr. Mitchell will be sentenced to 70 months in prison if his probation is revoked. There won’t be a further negotiation on the term and he’ll serve every day of the almost six years in a state prison if he À unks probation. There are several teachable mo- ments in this case. Child sexual abuse occurs across all ethnic, socio-econom- ic, and gender lines. Most “child mo- lesters” do not look like cartoon ¿ gures, they resemble your neighbors. This case no longer involves “allegations” but proven and admitted facts. The community should be sup- portive, as it largely has been, of brave young women (and men) who have the courage to come forward and report when adults in positions of trust vio- late that trust in a way that sometimes scars the child for life. To deny that this occurred in the face of a guilty plea is simply denial of facts and truth. 1ot everyone accused is guilty, or maybe not guilty of all the crimes of which they stand accused, but Oregon provides some of the best levels of de- fense, even for those without means (not the case in this particular instance). The people who sit on the grand jury or, ultimately, the trial jury come from our community and bring the collective common sense of that community to bear. Joshua Marquis is the Clatsop County district attorney, and Dawn Buzzard is the senior assistant district attorney. The Racing Form, third edition art is currently unemployed already 1o. 1 in the “who could you support” question and at large.) (at 62 percent), crucial in a Meanwhile, over at the 17-member ¿ eld. GOP ... WASHI1GTO1 — %oth presiden- Odds for each? Rubio Donald Trump: Clear tial nomination contests having been front-runner. Are you wait- 3-1. %ush and Walker 4-1. scrambled by recent events — the F%I ing for him to bring himself Ted Cruz, John Kasich, taking control of Hillary Clinton’s pri- down? He won’t. He’s im- Carly Fiorina: The new vate email server and a raucous, roiling pervious to the gaffe. In fact, second tier. And rising. Cruz GOP debate — the third edition of the he has a genius for turning had a strong debate, estab- Racing Form is herewith rushed into a gaffe into a talking point, lishing himself as the most Charles convincing carrier of the print. indeed, a rallying cry. Krauthammer populist, anti-Washington Legal disclaimer: This column is for Since the debate, his betting purposes only. What follows is numbers have plateaued, and in some meme. Kasich was engaging and compel- analysis — scrubbed, as thoroughly as places declined. In 1ew Hampshire, a Clinton server, of advocacy. (Unless I for example, he’s gone from the mid- ling as the bleeding-heart conservative simply can’t resist.) 20s to the high teens. And he had a and successful tough-guy governor. Hillary Clinton: Ever since her di- rough debate, as reÀ ected in the Suffolk 1ot an easy trick. Fiorina displayed raw talent that sur- sastrous book-launch performance, I’ve University poll in Iowa taken right af- thought her both (1) a weak candidate terward, in which, by 55-23, respon- prised everyone who didn’t know her and (2) the inevitable Democratic nom- dents felt less comfortable with him as — and 6 million watched. Articulate, knowledgeable and relentlessly com- inee. president. 1o longer. She has fallen from 1onetheless, his core support, bative, she took on Clinton, Trump and her 95-percent barring-an-act-of-God somewhere around 20 percent (plus %arack Obama. %eing in the undercard perch. The email imbroglio has already or minus a couple), remains as solid as was a stroke of luck. She took the stage badly damaged her credibility. %ut now that once commanded by Ron Paul and and made it her own. Odds for the second-tier? 9-1 but that she’s lost control of the server, there Ross Perot. Which means Trump will is potential for further, conceivably fa- likely continue to lead until the ¿ eld with high ceilings for each. %onus Racing Form feature: the tal, damage. It hinges largely on how whittles down to a handful, at which successful she was point 20 percent is no general election. Conventional wisdom is that the in erasing the 32,000 longer a plurality. Current emails she unilaterally TeÀ on Don. Sol- GOP is tearing itself apart and headed deemed private. id constituency, ¿ xed south. What’s becoming clear, how- Whatever happens, odds? GOP: ceiling. Chances of ever, is that the Democrats are equally she will stay in the 55 percent. winning his party’s split ideologically — Clinton desper- race. Clintons nev- nomination? About the ately moving left as Sanders’ crowds er quit. %ut if more same as Sanders win- grow — and increasingly nervous about her chronic, shall we say, charac- top-secret information is found, if she ning his. did destroy work-related emails and if Jeb Bush, Scott Walker, Marco Ru- ter problem. %oth parties limp into 1ovember her numbers continue their steady de- bio: Still the top tier. Walker just held cline, the party might decide it simply his own in the debate. %ush slipped 2016. Current odds? GOP: 55 percent. And note how thin is the Democrat’s can’t afford to continue carrying her slightly, appearing somewhat passive baggage. and, amazingly, still lacking a good bench. After Clinton, no one, while the Odds: 1-3. answer to the “brother’s war” question. GOP stage sports perhaps eight to 10 Bernie Sanders: A less À ighty, more %ut he continues steady with a serious impressive, plausibly presidential ¿ g- serious Gene McCarthy. Fiery and ge- follow-up foreign policy speech and ures, including (for those who count nial, Sanders is the perfect protest can- stick-to-his-guns positions on Common such things) two Hispanics, a female didate. %ut can a 73-year-old dairy-state Core and immigration — not easy giv- former Fortune 500 CEO and an Afri- can-American brain surgeon. %rooklynite socialist win? Of course en the current mood of the party. And one white guy À uent in Span- not. If Hillary falls, Joe %iden ¿ lls the Rubio had the best debate perfor- vacuum. Possibly even John Kerry. mance of the prime-time 10 — À uid, ish. Try engaging %ernie or Hill en es- (1ote to Dems: The beati¿ ed Jon Stew- passionate, in command. And he was pañol. By CHARLES KRAUTHAMMER The Washington Post Writers Group Where to write • U.S. Rep. Suzanne Bonamici (D): 233 Rayburn HO%, Washing- ton, D.C., 20515. Phone: 202- 225- 0855. Fax 202-225-9497. District of¿ ce: 12725 SW Millikan Way, Suite 220, %eaverton, OR 97005. Phone: 503-469-6010. Fax 503- 326-5066. Web: bonamici.house. gov/ • U.S. Sen. Jeff Merkley (D): 313 Hart Senate Of¿ ce %uilding, Wash- ington, D.C. 20510. Phone: 202-224- 3753. Web: www.merkley.senate.gov • U.S. Sen. Ron Wyden (D): 221 Dirksen Senate Of¿ ce %uilding, Washington, D.C., 20510. Phone: 202- 224-5244. Web: www.wyden.senate. gov • State Rep. Brad Witt (D): State Capitol, 900 Court Street 1.E., H-373, Salem, OR 97301. Phone: 503-986- 1431. Web: www.leg.state.or.us/witt/ Email: rep.bradwitt@state.or.us • State Rep. Deborah Boone (D): 900 Court St. 1.E., H-481, Salem, OR 97301. Phone: 503-986-1432. Email: rep.deborah boone@state.or.us District of¿ ce: P.O. %ox 928, Can- non %each, OR 97110. Phone: 503- 986-1432. Web: www.leg.state.or.us/ boone/ • State Sen. Betsy Johnson (D): State Capitol, 900 Court St. 1.E., S-314, Salem, OR 97301. Telephone: 503-986-1716. Email: sen.betsy john- son@state.or.us Web: www.betsyjohn- son.com District Of¿ ce: P.O. %ox R, Scappoose, OR 97056. Phone: 503- 543-4046. Fax: 503-543-5296. Astoria of¿ ce phone: 503-338-1280. • Port of Astoria: Executive Direc- tor, 10 Pier 1 Suite 308, Astoria, OR 97103. Phone: 503-741-3300. Email: admin@portofastoria.com • Clatsop County Board of Com- missioners: c/o County Manager, 800 Exchange St., Suite 410, Astoria, OR 97103. Phone: 503-325-1000.