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