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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Aug. 19, 2016)
144TH YEAR, NO. 36 ONE DOLLAR WEEKEND EDITION // FRIDAY, AUGUST 19, 2016 The jury box in the third-floor courtroom at Clatsop County Circuit Court. Danny Miller The Daily Astorian THE DECIDERS County needs a deep pool of potential jurors in death penalty case By KYLE SPURR The Daily Astorian H undreds of Clatsop County residents are being called to the fairgrounds in September for jury duty in the county’s fi rst death penalty trial in 15 years. Residents will be screened Brownhill said. “It may be a on their attitudes toward cap- hardship for many people to ital punishment and whether serve four days a week for up they think they can be impar- to eight weeks.” tial . A pool of prospective Questionnaire jurors will move on to jury At the county fairgrounds, selection in the trial courtroom. Twelve jurors, with two jurors who are available to four alternates, will serve for trial will be asked to fi ll in the case against Randy out a lengthy questionnaire. Roden, the live-in Typically, ques- boyfriend accused tionnaires are not of murdering his used in most tri- girlfriend’s 2-year- als. Since more old daughter and than 300 poten- abusing her two tial jurors could be sons in their Sea- called for screen- side apartment. ing , the question- The last death naires will swiftly penalty trial in 2001 provide prosecu- involved Anthony tors and defense Scott Garner, who lawyers with infor- Randy fatally stabbed a mation about each Roden woman on a motor- juror. boat in the Warrenton mooring “The questionnaires help basin and set the boat on fi re to jury selection move more cover up the crime. Garner was quickly because lawyers don’t found guilty and sentenced to have to ask so many ques- life in prison. tions,” Brownhill said. Roden’s trial is expected to The questionnaires will ask last up to two months in Cir- if potential jurors have heard cuit Court. Jurors will not be about the Roden case, what sequestered. If the jury fi nds they have heard about the case Roden guilty of aggravated and if they can be fair . The sur- murder, a penalty phase will veys will also explore a possi- determine a possible death ble juror’s interests and beliefs, penalty sentence. including their position on the “We need a large number death penalty. of jurors because of the length See DECIDERS, Page 8A of the trial,” Judge Paula Death penalty in Oregon The history of capital punishment in the Beaver State began shortly after its inception in the mid-19th century. The death penalty became law four times, was voted out twice and struck down by the Oregon Supreme Court once. Feb.14, 1859 — Oregon becomes the 33rd state. 1864 — The death penalty for first degree murder is adopted by statute. 1864-1903 — Authority to carry out executions is vested in the county sheriffs. 1914 — Oregon voters repeal the death penalty with just over 50 percent of the vote. 1920 — Voters restore the death penalty, approving new articles to the constitution with 56 percent of the vote. Nov. 5, 1920 — Emmet Bancroft is the first to be hanged since re-enactment of the death penalty. Fifteen hangings follow Bancroft’s between 1920-31. 1903 — In response to the “spectacle” surrounding public executions, Oregon legislators amend the law to require executions be carried out at the Oregon State Penitentiary in Salem. 1981 — The Oregon Supreme Court strikes down the death penalty statute because it deprives the defendant of his right to trial by jury. 1984 — Through a series of ballot measures Oregon voters amend the constitution requiring that, following conviction for aggravated murder, a defendant be given a separate sentencing hearing before the trial jury. Sentencing options available to juries for aggravated murder include the death penalty. Jan. 29, 1904 — H.D. Egbert becomes the first man to be hanged at the Oregon State Penitentiary. 1904-14 — During the next 10 years, 24 men are hanged at the penitentiary. Gov. Oswald On Dec. 13, West was an 1912, four opponent of the men are death penalty. executed on the same day, the most at one time at the penitentiary. Ballot Measure 8, re-instituting capital punishment by lethal gas. Measure 8 does not amend the Oregon Constitution, but is incorporated into the Oregon Revised Statutes. Under the death penalty statute the sentence is determined by the trial judge, without a jury. Oregon’s gas chamber in Salem. 1931-62 — The state stops using the gallows and begins using lethal gas. Nov. 3, 1964 — Oregon voters repeal the death penalty by 60 percent of the vote. 1988 — The U.S. Supreme Court reverses a Texas death penalty sentence as violating the Eighth Amendment (Penry v. Lynaugh). The decision impacts Oregon’s capital punishment law since it is based upon the Texas law. Following Penry, 17 Oregon cases are remanded for resentencing only. Of those, eight are resentenced to death. 1978 — Oregon voters approve 1984-90 — The Oregon Department of Justice litigates 24 death penalty cases, using more than 14,300 hours at a cost of $794,000. Sept. 6, 1996 — Inmate Douglas Franklin Wright becomes the first person executed by lethal injection in Oregon. Wright chooses not to pursue any legal appeals. His execution is Oregon’s first in 34 years. May 16, 1997 — Harry Charles Moore is the most recent inmate to be executed. He, too, chooses not to pursue his appeals. Today — Oregon has 34 death row inmates, one of which is a woman. The drug cocktail used to administer death consists of Pentobarbital (induces unconsciousness), Pancuronium Bromide (stops breathing) and Potassium Chloride (stops heart). Sources: Oregon.gov; Oregon Department of Corrections; The Oregon Encyclopedia Alan Kenaga/EO Media Group JURY SELECTION Jury orientation in Randy Roden’s mur- der trial is scheduled to begin at 10:30 a.m. Sept. 12 at the Clatsop County Fairgrounds. Prospective jurors will be automatically excused for the following reasons: felony within the last 15 years; • 70 years of age or older; • Not a resident of Clatsop County; • Breast-feeding a child; • Not a citizen of the United States; • Convicted of or served a sentence for a • Under 18 years old; • Convicted of or served a sentence for a misdemeanor involving dishonesty or violence within the last five years; • Served as a juror in state or federal court within the last 2 years; • Had rights withdrawn during incarcera- tion and not restored; • Sole caregiver for a child or other depen- dent and personally attends to the child or dependent during the court’s normal hours and is unable to afford day care or make other arrangements; • Undue hardship or extreme inconve- nience to the person, person’s family, person’s employer or the public. Another pot shop picks downtown Warrenton supports library’s future Portland-based company looks to the coast Short-term site options, nonprofi t in the works By EDWARD STRATTON The Daily Astorian A sixth marijuana store is coming to Astoria. Portland-based Tidewa- ter Retail Inc. is planning to open a retail shop on Com- mercial Street in the space that now houses Garbo’s Vin- tage Wear . Case Van Dorne, a co-owner with Tidewater , said the company is designing a 2,000- to 5,000-square foot Edward Stratton/The Daily Astorian See POT SHOP, Page 8A The building housing Garbo’s Vintage Wear will become a marijuana store . By ERICK BENGEL The Daily Astorian WARRENTON — A new subcommittee of the War- renton Community Library Board will help fi nd a tem- porary home for the library, a beloved resource housed in a worn-out structure that offi cials say is becoming dangerous. Meanwhile, some resi- dents are forming a nonprofi t to begin seeking funds for a permanent location. The two groups — both of which still need members — sprang from a brainstorm- ing session between the pub- lic and the L ibrary B oard, which held an open meeting Thursday at City Hall. After an inspection of the library site in Ham- mond, Building Offi cial Jim Byerly concluded that the old wooden structure has outlived its useful life and is becoming a potential hazard for visitors. See LIBRARY, Page 8A