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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Jan. 18, 2016)
10A THE DAILY ASTORIAN • MONDAY, JANUARY 18, 2016 Rights: Oregon law was more gray than black and white recording him, Goldthorpe said the burden was on Cros- by to verbally inform the of- ¿FHU “The burden is on the per- son recording,” he said. But state law was more gray than black and white. The Oregon Court of Ap- peals, in State of Oregon v. Neff in 2011, reversed the conviction of a man who had secretly used his cellphone to UHFRUGDWUDI¿FVWRSLQ(XJHQH EHFDXVHWKHSROLFHRI¿FHUKDG DQQRXQFHG WKDW WKH RI¿FHU was recording the encounter. Goldthorpe said he did not know state law was about to change on Jan. 1 when he charged Crosby with illegal recording. What if he had known? “It’s totally hypothetical, so I’m not sure, had I known, what I would have done at that point,” he said. Continued from Page 1A “That’s a surprise to me. I had no idea when I signed it,” he said. ‘Know Your Rights’ The American Civil Lib- erties Union of Oregon, in advice called “Know Your Rights,” urges people who are stopped by police while driv- ing to show their driver’s li- cense, vehicle registration and proof of insurance. Failure to carry or present a driver’s license is a mis- demeanor and an arrestable offense under state law, but police can only detain drivers for as long as reasonably nec- essary to verify identity. 9HWHUDQSROLFHRI¿FHUVVD\ most drivers who refuse are trying to conceal their iden- tities to avoid legal hassles such as warrants. Most drivers with nothing to hide usually hand over their licenses when asked. But not everyone has a be- nign view of police. “My mindstate is that I don’t want to be shot by some guy in a uniform. This guy is armed,” Crosby, who is black, told The Daily Astorian. “Be- cause police in America kill black men.” Crosby has a felony crim- inal history in California. He also has a history of ag- gressively — some might say, stubbornly — asserting his opinion of his rights. As a prisoner, for example, he unsuccessfully challenged California’s parole system as unconstitutional, refusing to sign parole conditions in de- ¿DQFHWKDWNHSWKLPLQSULVRQ longer than his original sen- tence. In Oregon, according to case records, Crosby had pre- viously only been cited for speeding. When Crosby saw the ÀDVKLQJ OLJKWV EHKLQG KLV 1994 Honda Accord on Dec. 11 near Cannon Beach, he dreaded what might happen next and had a cellphone ready to record. reference a May 2012 letter from the U.S. Department of Justice’s civil-rights divi- sion to the Baltimore Police Department that said police SROLFLHV³VKRXOGDI¿UPDWLYHO\ set forth the First Amendment right to record police activi- ty.” ‘One person’s word against the police RI¿FHU¶ State Rep. Lew Frederick, D-Portland, who sponsored the new law in Oregon, cited the fatal police shooting last April of an unarmed black man DIWHUDWUDI¿FVWRSRYHUDEUDNH light in North Charleston, South Carolina, as an example of the value of recording po- lice. A bystander captured vid- eo of the incident that showed WKHZKLWHSROLFHRI¿FHUVKRRW- Cannon Beach Police Body Camera Video ing the man as he ran away. A police officer tries to present a citation to Acharmu Crosby. 7KHSROLFHRI¿FHUZDVFKDUJHG ZLWKPXUGHUDQG¿UHG your license. I’m just going to %HDFK RI¿FHU FKRVH WR ZULWH a nice night,” the sheriff’s ‘Right to Record’ “When it comes to racial The new law, which passed situations, frankly, the black check and make sure that you Crosby a citation, read him deputy said. “The ticket is up have a valid driver’s license, WKH VSHFL¿F VWDWXWHV DQG LQ- there for you.” the state House and Senate community has been seeing While the gun is not visible and was signed by Gov. Kate this kind of thing take place no warrants, and you’ll be form him of his court date. As the two were talking, in the Cannon Beach police Brown last June, allows peo- for years,” Frederick said. free to go.” “What is the law?” Crosby WKH 6HDVLGH SROLFH RI¿FHU RI¿FHU¶V ERG\ FDPHUD IRRW- SOH WR UHFRUG SROLFH RI¿FHUV “But, of course, it was one placed a spike strip in front age, and Crosby had stopped SHUIRUPLQJ RI¿FLDO GXWLHV DV person’s word against the po- insisted. After walking back near of Crosby’s car that would recording at some point, Sea- long as the recording is made OLFHRI¿FHU$QGWKHSROLFHRI- his vehicle, the Cannon Beach puncture his tires if he tried to side Police Chief Dave Ham openly and in plain view of ¿FHUZDVDOZD\VFRQVLGHUHGWR FRQ¿UPHG WR 7KH 'DLO\ $V- the participants in the conver- be the one who was correct.” SROLFHRI¿FHUFDOOHGIRUEDFN- drive away. “I’m not accepting your WRULDQWKDWWKH6HDVLGHRI¿FHU sation. Frederick said he hopes up because he thought Crosby offer,” Crosby told the Can- drew his weapon. was being uncooperative. The revision removed any the new law will help “bring Crosby said he chose not hair-splitting over whether the back a sense of credibility to Within a few minutes, af- QRQ%HDFKRI¿FHU “It’s not an offer, sir,” the to raise his cellphone and try recording is audio or video. ter checking Crosby’s license the police. It’s going to take SODWHQXPEHUWKHRI¿FHUZDV &DQQRQ %HDFK RI¿FHU UH- WR UHFRUG WKH 6HDVLGH RI¿FHU The ACLU of Oregon awhile, because there’s been sponded. “You can accept it with a gun out. “That would used to have a smartphone such damage done by seeing pretty sure of his identity. have been a bad idea,” he app to record police that some of the bad actors.” $ *HDUKDUW SROLFH RI¿FHU or not. It’s your choice.” Crosby started his car. The said. “The evidence would only covered video because arrived at the scene, and the &DQQRQ %HDFK RI¿FHU WROG 6HDVLGH SROLFH RI¿FHU ZKR have been on the phone, but of concerns that audio might ‘Do I have to him Crosby was being “ar- was on the passenger side, I wouldn’t have been here to get people into legal trouble. submit to you?’ gumentative” and was “audio VKLQHGDÀDVKOLJKWLQWRWKHFDU present the evidence.” The “Mobile Justice” app was Crosby has met with a relaunched in November to court-appointed defense attor- and video recording the entire and drew his gun. “Turn off your car right stop.” include audio as the ACLU ney and has court dates sched- ‘Usually, it’s celebrated the new “Right to uled for February and March The Cannon Beach police now! Turn it off! Open your just saying it’ RI¿FHUZDVFDXWLRXV³,¶PQRW door!” the Seaside Police of- on the three misdemeanor Oregon’s wiretapping Record” law. sure that it’s worth turning ¿FHU GLUHFWHG &URVE\ ³2SHQ law had previously hinged Civil-liberties advocates charges. this into a ‘use of force’ inci- your door!” One of those charges — on what constituted whether believe the law aligns Oregon 7KH&DQQRQ%HDFKRI¿FHU someone who was recording with federal court rulings that failure to present his driver’s dent just to identify him,” he backed away. “This just went ³VSHFL¿FDOO\ LQIRUPHG´ DOO people have a First Amend- license — could have been said. downhill,” he murmured. participants in the conversa- ment right to record police. avoided had Crosby simply “What do you see that we tion. In 2011, the 1st U.S. Cir- complied with the police of- ‘What do you see don’t?” the Cannon Beach of- Goldthorpe, the deputy cuit Court of Appeals in Mas- ¿FHU¶VUHTXHVWIRUKLVOLFHQVH that we don’t?’ Even more sobering, In a back-and-forth that ¿FHUDVNHGWKH6HDVLGHRI¿FHU district attorney, said the stan- sachusetts, ruling in Glik v. Cunniffe, found that a man WKRXJK LV KRZ FORVH D TXHV- was both exasperating and who said Crosby was going to dard was generally verbal. “Usually, it’s just saying had a First Amendment right tion about a defective head- at times comical, the Can- take off. “I know. He’s just refus- it: ‘Just so you know, I’m re- to use his cellphone video light nearly escalated into QRQ %HDFK RI¿FHU WULHG WR camera to record police ar- something tragic. get Crosby to turn over his ing to accept the citation, cording right now,’” he said. Holding up a cellphone resting a young man on the Crosby believes police, ‘What is the law?’ driver’s license while Crosby though,” the Cannon Beach after they knew his identity, The Cannon Beach police persistently refused, claimed RI¿FHU VDLG ³:H GRQ¶W KDYH does not necessarily mean Boston Common. In 2012, the 7th U.S. Cir- FRXOGKDYHTXLFNO\GRQHZKDW someone is capturing audio of RI¿FHU ERWK KLV ERG\ FDP- he was being unlawfully to force it.” The sheriff’s deputy sug- the conversation. cuit Court of Appeals and a RQH RI WKH RI¿FHUV HYHQWXDO- era footage and Crosby’s re- detained, and asserted his “They don’t know wheth- U.S. District Court in Illinois, ly suggested — scratch out a cording show, explained that constitutional rights. At one gested putting the citation on Crosby was pulled over for a point, Crosby placed his driv- Crosby’s windshield under er you are taking a picture, deciding in ACLU v. Alvarez, citation, let him drive away, or whether you’re recording backed the ACLU’s challenge and leave him to deal with the defective headlight and asked er’s license on his leg and the the wiper. 7KH 6HDVLGH RI¿FHU UH- audio, whether you’re record- to an Illinois law prohibiting FRQVHTXHQFHV LQ FRXUW7KHUH RI¿FHUVDZWKDWLWPDWFKHGWKH for Crosby’s driver’s license. ing video. So you have to say the audio recording of police would have been no spike Crosby demanded to know name and other information moved the spike strip. One last time, the sheriff’s something,” he explained. without consent as a First strip. No gun drawn. WKH VSHFL¿F VWDWXWH DQG KHOG from the license plate search. Even though the Cannon Amendment violation. After consulting with a deputy asked Crosby if his up his cellphone near the driv- “What are you trying to The U.S. Supreme Court convince me of?” Crosby said %HDFKSROLFHRI¿FHULQIRUPHG 6HDVLGH SROLFH RI¿FHU DQG D name was “Crosby.” er’s side window. “No comment,” Crosby Crosby he was recording the chose not to hear the Illinois of the 25-minute encounter on “Sir, this is a very simple Clatsop County Sheriff’s Of- WUDI¿FVWRSZLWKKLVERG\FDP- case, so the ruling stands. the side of the highway. “Do I process,” the Cannon Beach ¿FH GHSXW\ ZKR KDG DOVR DU- said. “You’re free to go. Have era and knew Crosby was also The ACLU and others also have to submit to you?” RI¿FHU VDLG ³$OO ZH QHHG LV rived as backup, the Cannon Warrenton: Hammond merger happened in 1991 Continued from Page 1A Submitted Photo Libby Silva (left) was called to this birth about 4 a.m. ear- lier this month. As a doula, she applied counter pressure to the pregnant woman’s back while the woman’s part- ner soothes and supports her with his touch and pres- ence. Silva attended the birth as a midwife apprentice, but sometimes the role of doula and apprentice overlap. Silva: Her work focuses on emotional and physical support Continued from Page 1A signs of both the mother and baby and how to know what is out of a midwife’s scope of practice, among other skills. A midwife is a trained professional who provides full care to a woman during pregnancy and through re- covery in the postpartum period. Midwifes have a wider scope of practice and a more medical scope than doulas. Silva’s work as a doula focuses on emotional and physical support. For the past three years, Silva has been a doula in hospitals and at home births. “Every woman could use a doula,” she said. “Every woman could use somebody rubbing her feet when she is in labor and telling her she can do it.” Silva always enjoys see- ing how empowered women feel after giving birth. “Women are strong and women are doing this really hard and important work,” she said. “I’m seeing how much more we need to val- ue the process. We need to normalize it and we need to support it in every way.” — Kyle Spurr Became Today’s Warrenton,” was the ¿UVW LQ WKH SDUN¶V ³,Q 7KHLU )RRWVWHSV´ speaker series that commemorates the centennial of the National Park Service this year. During her research, Glen, an avid ge- nealogist who now lives on Cullaby Lake, discovered that her family has deep roots in the area: She is related by marriage to the owner of the land claim that became Hammond, she said. “Doing a story of what happened and how Warrenton came to be sort of goes along with my own history,” she said. Tiny towns Any discussion of Warrenton’s be- ginnings must mention Daniel Knight :DUUHQ¶V DFTXLVLWLRQ RI D DFUH donation land claim that later became downtown Warrenton. But how did Warrenton — incorporat- ed in 1899 and now the fourth-largest city in Oregon by acreage — become so large? As Glen pointed out, Warrenton’s de- velopment was a multigenerational piece- meal project; the sprawling municipality is stitched together from several earlier towns and settlements. The town of Lexington, for example, ZDVODLGRXWLQRI¿FLDOO\SODWWHGLQ 1854, vacated in 1879 and annexed into Warrenton in 1913. For a time, Lexington — later called Skipanon — served as the county seat until the Lexington commissioners voted to move it to Astoria. One of the county’s ¿UVW SODQN URDGV EXLOW WR VXSSRUW WUDYHO- ing wagons, ran from Lexington to Tansy Point. Other small towns, like Flavel and Fair- haven, were platted, vacated and absorbed into a Warrenton that kept expanding. In 1991, Hammond became the last town to merge with Warrenton (though the people of Hammond proudly kept their own post RI¿FH Joshua Bessex/The Daily Astorian Susan Glen speaks during her talk “The Towns that Became Today’s Warren- ton” in the Netul River Room on Sunday. The talk was part of the “In Their Foot- steps” speaker series put on by the Lewis and Clark National Historical Park. Glen has had relatives in the Warrenton-Hammond since the 1800s. The talk included the history of each of the towns in the area as they grew and became the present city of Warrenton. Fun facts • The Flavel Hotel, which opened in 1897 at Tansy Point, had electricity before the town of Warrenton did, courtesy of Pa- FL¿F3RZHU/LJKW&R*OHQVDLG • In 1912, Warrenton elected Clara C. 0XQVRQPD\RU²WKH¿UVWIHPDOHPD\RU west of the Rocky Mountains. ³:H¶YHJRWDIHZ¿UVWVIRUWKHWRZQRI Warrenton,” Glen said. • An obscure town named Sellington, near Hammond behind the KOA Kamp- grounds, was platted and recorded in 1913 and has never been vacated. “It is still not part of Warrenton,” Glen said. “The majority of the people that own that land still pay the taxes.” • Hammond was once known as “New Astoria.” In 1915, the locals changed the name WR+DPPRQGDIWHUWKHWRZQ¶VSRVWRI¿FH that was itself named after Andrew H. Hammond, whom the townsfolk believed intended to build a mill there. “It would be kind of silly to have two Astorias anyway. One old and one new? That wouldn’t work,” she said. • During Prohibition, “things got a little different around here,” she said. Warrenton’s Whiskey Road was known for having a lot of stills in the area, and local lore has it that a gentleman who GLGQ¶WZDQWKLVEDUUHORIZKLVNH\FRQ¿V- cated buried it out there. “Only thing was, after the sheriff left and things calmed down, he couldn’t re- member where he buried it. So someplace out there — if this story be true — there’s a barrel of whiskey down in the ground,” she mused.
