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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Feb. 26, 2016)
10A THE DAILY ASTORIAN FRIDAY, FEBRUARY 26, 2016 Marquis: Made complaint after seeing YouTube videos a threat to a fair trial. In Oregon, pretrial public- Refuge through threats, intim- ity is not considered prejudi- idation and force. The armed cial unless there’s a showing of takeover of the refuge began a clear and present danger to a Jan. 2 and lasted 41 days. fair trial, he said. Ammon Bundy, the leader, has According to a state bar said the occupation was to pro- ethics opinion on Oregon’s test the return to prison of two pretrial publicity rule, any Harney County ranchers and analysis on whether a law- the federal control of public yer’s statement is prohib- land. ited “will turn on whether the Portland attorney Peter Jar- lawyer knows or reasonably vis, who has been advising the VKRXOG NQRZ WKDW WKH H[WUDMX- $UQROGODZ¿UPDQGLVGHIHQG- dicial statement will have a ing the lawyers against Mar- substantial, i.e.,highly proba- quis’ state bar complaint and ble, likelihood of materially, WZR RWKHUV SUHYLRXVO\ ¿OHG i.e.,seriously, prejudicing an said Thursday night that he LPPLQHQW IDFW¿QGLQJ SURFHVV believes all the complaints will in a matter in which the lawyer be “short-lived.’’ The prior two is involved.’’ complaints dealt with visits by “That just isn’t here,’’ Jarvis DWWRUQH\V IURP $UQROG¶V ¿UP added. to the refuge before Bundy The court has several ways retained them. to weed out biased jurors, Jarvis noted that Oregon and any publicity that Arnold law sets a much higher bar DQG KLV ¿UP KDV RIIHUHG WKDW than most other states before PD\ EH FRQVWUXHG DV EHQH¿- pretrial publicity is considered cial to his client is but “a drop Continued from Page 1A learning of two other com- plaints submitted to the bar DJDLQVW WKH $UQROG ODZ ¿UP and then watching three You- 7XEH YLGHRV WKH ¿UP SRVWHG on its website. Marquis par- ticularly noted a video of the Feb. 12 comments on the fed- eral courthouse steps made by Arnold, Nevada Assem- blywoman Michele Fiore and several other Nevada legisla- tors commenting on the merits of the case. “I’ve spent years both in Beth Nakamura/The Oregonian Oregon and national discuss- Mike Arnold, attorney for Ammon Bundy, speaks at a news ing the positive values of law- conference held outside the Mark O. Hatfield U.S. Court- yers appropriately discussing house in Portland on Wednesday. Bundy and other defen- cases without trying their cases dants have pleaded not guilty to a federal conspiracy charge on courthouse steps,’’ Marquis related to the armed takeover of an Oregon wildlife refuge. said. -DUYLV KDV VRPH H[SHULHQFH in the ocean’’ compared to all may have contributed to the in this arena as well. the publicity surrounding the debate here is a drop in the In 1994, he successfully Bundy case, Jarvis said. ocean.’’ defended attorney Ronald H. “The totality of the public- Marquis, a former reporter Hoevet against a complaint ity about Ammon Bundy is not who has been an outspoken, to the state bar that contended positive, it’s negative,’’ Jarvis media savvy prosecutor, said Hoevet had violated state ethics argued. “What Mike Arnold KH ¿OHG WKH FRPSODLQW DIWHU rules by his public comments about ice skater Tonya Harding. Hoevet, who represented Jeff Gillooly, Harding’s H[KXVEDQGVDLGGXULQJDQHZV conference that it would be ‘’unconscionable’’ for Harding to skate in the Olympics. He also said that Harding was involved from the start of the conspiracy to assault com- petitor Nancy Kerrigan and that Harding needed to get past her ‘’denial’’ stage. In Jarvis’ response to the bar complaint in Hoevet’s case, he wrote, ‘’In light of the total publicity in this case, Mr. Hoe- vet’s remarks did not create a substantial likelihood of mate- rial prejudice with respect to any proceeding involving Ms. Harding.’’ Casey issued a statement in response to Marquis’ com- plaint: “When the govern- ment is complaining about free speech in a free-speech case, I guess you’re doing something right.’’ Nicholson: Final decision must be made by March 17 Continued from Page 1A In January, planning com- missioners said the devel- opment plan lacked details, including when and how the new houses would be built, landscaping and protections for neighbors during construction. Friends of Cannon Beach said the approval set unwanted precedent for future develop- ments, since the City Coun- cil’s tentative approval came after a threatened lawsuit by the developer. “Friends of Cannon Beach still strongly oppose this devel- opment because it sets several dangerous precedents, circum- vents our laws, and is being pushed with threats,” Friends of Cannon Beach President Jeff Harrison said. “The city has DOUHDG\ VSHQW RI WD[- payer money from the general fund to pay the land use attor- ney to deal with this problem- atic development. This just isn’t the Cannon Beach way.” Overlay zone at issue The 532 N. Laurel St. prop- erty was purchased by Nich- olson in 2014 for $900,000. Nicholson said he plans to con- struct four family-sized homes on the .57-acre lot, which would include rebuilding the 100-year-old home on the property. Nicholson said the Plan- ning Commission’s unanimous recommendation is unlikely to sway the City Council because the commission has “no deci- sion-making capability.” “Me spending half a mil- lion dollars is not so somebody else can’t make a McMansion,” Nicholson said. “I’m just trying to get it so I can build, on these lots, normal-sized houses.” A city staff report issued this week responded to concerns raised at the Planning Commis- sion hearing by stating that the City Council has the “ultimate authority to approve or deny WKLVUHTXHVWIRU¿QDODSSURYDO´ Among the more conten- tious issues during the coun- cil’s deliberations was whether WKH SURSHUW\ TXDOL¿HG IRU D “planned development overlay zone,” a tool that allows for zon- ing changes on a parcel of land based on the land’s natural fea- tures. In this case, the overlay allows for greater housing den- sity on property that, because of its slope, would otherwise allow for only one structure, which the property already has. Additional conditions for the building include measuring building height, compensation for repairs should construction work cause damage and shared driveway plans, among others. Friends of Cannon Beach object not only to the approval, but the process. “The Planning Commission lists their numerous and sub- stantial objections that lead to their decisive and unanimous denial,” Harrison said. “How or why would the planner feel the need to still take license and UHVSRQGWRWKHLU¿QGLQJVLQKLV staff report?” The city’s decision to place a planned development and overlay zone designation on the property remains in effect, the city said this week. Since the city determined the application was complete in 1RYHPEHULWPXVWPDNHD¿QDO decision within 120 days, or by March 17. Nygaards:&RPSDQ\OHYHOHG¿OOHGZHWODQGVWRFUHDWHSDVWXUHV Continued from Page 1A changes … then that would trigger needing a permit from us.” But, in addition to logging, the company also leveled and ¿OOHG ZHWODQGV WR FUHDWH SDV- tures on the land, part of a for- mer dairy farm. The Depart- ment of State Lands met with Warrenton Fiber Co. at the site in August, reminded the com- pany about the need for a per- PLWDQG¿OHGDFRPSODLQWZKLFK was joined by another from the U.S. Army Corps of Engineers in September. Curtis said the company’s work included digging up 3,500 feet of a creek running through the property and dumping the ¿OORQRWKHUZHWODQGV The state and Corps turned the investigation over to the EPA based on multiple past vio- lations by the Nygaard fami- ly’s companies, including wet- ODQG¿OOVQHDUWKHLUVWRFN\DUGLQ Hammond in 2009 and a prop- erty in Seaside in 2007. “Our goal with the Clean Water Act is to ensure no net loss of wetlands,” Vallette said, adding Nygaard Land would LINCOLN LUXURY HOMETOWN SERVICE 2016 Ford Fiesta Stock #216059 VIN#GM120510 • M.S.R.P $14,965.00 • Retail Cash $1,000.00 • Columbia Ford Discount $977.00 2016 Lincoln MKC In stock starting at 2015 Ford Focus SE $34,235.00 Automatic, Heated seats, Heated stearing wheel • 0% 60 months O.A.C. • $1,000 trade assist: currently own or lease a 1995 or newer car, truck, S.U.V. who trade in. starting at just • st# 2-16086, 1 only at this price or lease for only 239 per month, 36 months, 2999 down (plus tax and license where applicable, on (after $500 Valued owner coupon) approved credit) 36 months. $22,988.00 2016 Hyundai Veloster 0% for 60 months, plus $1,500 competitive retail conquest cash, or $1,500 owner loyalty cash. $16,988.00 2016 Ford F-150 Stock #216172 VIN#GKO97191 • 0% 60 months O.A.C. • Competitive owner: Customers that currently own or lease a 1995 non-Ford or Lincoln Mercury car, truck or S.U.V. • Owner Loyalty: Customers that currently own or lease a 1995 or newer Ford or Lincoln Mercury. 2016 Lincoln MKX 0% for 48 months, plus $1,000 trade-in assist bonus cash. • M.S.R.P $31,515.00 • Retail Customer Cash $500.00 • Bonus Cash $1,500.00 • Columbia Ford Discount $1,527.00 $27,988.00 2016 Ford F-350 6.2 V-8 Engine, Trailer tow package, Power Equipment 2016 Hyundai Tucson 10 to choose from! 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