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-
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“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
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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.
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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-
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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
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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
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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
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Cannon Beach Police Body Camera Video
ing the man as he ran away.
A police officer tries to present a citation to Acharmu Crosby.
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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
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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,
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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
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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-
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• In 1912, Warrenton elected Clara C.
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west of the Rocky Mountains.
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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
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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.