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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Oct. 5, 2016)
10A THE DAILY ASTORIAN • WEDNESDAY, OCTOBER 5, 2016 Roden: Trial is expected to last about two months Continued from Page 1A Wing, 26, pleaded guilty in January to irst-degree man- slaughter and two counts of irst-degree criminal mistreat- ment. She was sentenced to more than 15 years in prison, contingent on her truthfully testifying at Roden’s trial. Roden, 28, is already serv- ing an eight-year prison sen- tence for violating probation from a previous domestic vio- lence conviction. He violated probation by possessing mar- ijuana, oxycodone and meth- adone and failing to report that he moved in with Doro- thy Wing. Two culprits Roden’s defense lawyer Conor Huseby used his open- ing argument to pin the crimes on Dorothy Wing and compli- cations from the lesh-eating virus known as methicillin-re- sistant Staphylococcus aureus infection. “The truth is there are two culprits in this case,” Huseby said. On the night Evangelina Wing was found dead, the defense believes the girl was likely sick and fussing from her mother’s abuse and the infec- tion. Huseby envisions Dorothy Wing getting upset and smack- ing her daughter like she had done many times before, but that time it killed her. “She killed her daughter and she is getting away with it,” Huseby said. Neighbors, friends and babysitters will testify about seeing and hearing Wing be abusive to her children before Chief Dep- uty District Attorney Ron Brown deliv- ers opening statements for the case against Randy Roden on Tuesday at Clatsop County Circuit Court in Astoria. Danny Miller The Daily Astorian Roden came into their lives. Huseby said the witnesses will describe Wing smacking her children in the head and twisting their arms, similar to some of the injuries found on the children. The same witnesses never saw Roden do anything abusive to the children. Huseby said even Wing admitted Roden was good with her children. Huseby also questioned the way the case was investi- gated. He claims law enforce- ment targeted Roden from the beginning, and treated Wing like a victim. In each police interview, Roden never admitted to any crime. “I did not hurt her. I did not manhandle her. I did not do anything to her,” Roden told police. Huseby also pointed to an interview with the older brother, where he calls Roden nice and Wing mad. When asked who killed his sister, the brother says, “that evil witch.” “All the major injuries in this case are explained by Dorothy Wing,” Huseby said. The trial is expected to last about two months. Measure 97: It would bring in $6 billion over a two-year budget cycle Continued from Page 1A “This is going to affect each and every citizen of the state,” Owen said. “And the ones that are going to hurt the most are the ones who can least afford it.” The Cannon Beach Cham- ber of Commerce has not taken a stance on the measure. But Executive Director Court Car- rier said a chamber member requested to speak on the issue at the next meeting in October. “We’re prevented by our bylaws on tak- ing political stances,” Carrier said. But he said the chamber could look at changing the bylaws on issues that affect so many in the business community. Defeat the Tax on Ore- gon Sales. More than 20 companies with locations in Clatsop County have contrib- uted money to oppose the measure. Court Support for the Carrier measure has been pri- marily backed by labor unions through political Business versus labor action committees Defend Ore- The corporate-backed oppo- gon and Yes on 97. Computer sition campaign has been led by chip-maker Intel Corp. has also the political action committee donated $10,000 in support of the measure. Companies and business groups opposed to the tax have argued that it is essentially a sales tax that would trickle down and hurt small businesses and families through higher costs for goods and services. Proponents of the tax have argued that it mostly targets large, out-of-state corporations and will provide much-needed revenue for spending on edu- cation, health care and senior citizens amid a projected bud- get shortfall of more than $1 billion. Impact mixed The Legislative Revenue Ofice said the measure would generate about $6 billion over a two-year budget cycle. Had the measure been enacted in 2012-13, the last year of available census data, the Revenue Ofice’s key indings said it “would have increased Oregon’s per capita state and local tax burden by roughly $600 to $4,501.” An economic simulation run by the group showed the measure would hinder income, employ- ment and population growth over the next ive years, albeit within 1 percent of projections without the tax. The Legislative Revenue Ofice said the impact of Mea- sure 97 on the economy would ultimately be determined by how it raises revenue, and how the state spends the additional money. Smith: Default sale of the barn’s property postponed until February Continued from Page 1A Without it, the city says the former livery stable is “unin- habitable” and poses an imme- diate threat to the health and safety of the general public. The city has won a temporary injunction in Clatsop County Circuit Court and now wants to make it permanent. Summary judgment In early September, the city sought a motion of summary judgment. They said the facts weren’t worth disputing and the court should grant a permanent injunction against Smith. Smith challenged that motion last week. She said the case presents “contested ques- tions of fact,” and seeks con- sideration of the barn’s historic and architectural signiicance. In her response, Smith, who has been levied thousands of dollars in ines for building violations, challenged “con- clusory statements” by Jim Brien, the city’s building ofi- cial, regarding the condition of her barn. She also cited the Gearhart Municipal Court decision last year which deter- mined that use of the barn for weddings and receptions is unregulated by Gearhart’s zon- ing code and does not require a conditional use permit. Material sought in Smith’s request for documents spans from January 2006 to Septem- ber of this year. Smith seeks city building permit documents, 2015 may- oral recall election correspon- dence and recordings, copies of conditional use permits for the past 10 years and informa- tion about the city’s hiring pro- cesses. Every city councilor from 2010 is named in requests. “Each and every communica- tion with the public” regarding the barn is sought. Gearhart City Administra- tor Chad Sweet said Monday the city was “iltering” through Smith’s request. Pot: There are no retail pot stores operating in the city of Long Beach Continued from Page 1A businesses may still ind it dif- icult to access acceptable loca- tions in Long Beach, and any tax kick-backs from the indus- try will likely be modest. State buffer guidelines had required that all marijuana businesses be located at least 1,000 feet from schools, play- grounds, recreational centers, child care centers, public parks, public transit centers, librar- ies and arcades. But changes to the state laws, enacted last year, gave municipalities the option to reduce 1,000 foot buffers to as little as 100 feet, for every- thing except schools. Before the recent amend- ment, Long Beach munici- pal code further extended the 1,000-foot buffer to include amusement parks, churches, residential treatment facilities, youth-oriented facilities and juvenile group homes. Long Beach also required marijuana businesses be located a min- imum of 200 feet from any nearby residential property. Those restrictions had made setting up shop in Long Beach dificult. Local municipalities retain a high degree of control over the regulation of marijuana-re- lated business and some cities and have banned the dispen- saries and retailers altogether, while others have reduced buf- fers to make it easier on poten- tial shop owners. Retail site still unlikely Currently there are no retail pot businesses, legal pot pro- ducers or processors operat- ing in Long Beach, and with all three retail allotments for Paciic County now in use elsewhere in the county, it may be some time before the option is available. “We don’t currently have any (retail establishments) out- standing as the code doesn’t really allow for any right now. The code is very restrictive and the retail allotment for Paciic County is met.” said Com- munity Development Direc- tor Ariel Smith, before the new ordinance was passed. Now, the relaxed buffers approved in the city’s updated ordinance will certainly make it easier for producers and pro- cessors to set up, though any marijuana business in Long Beach will still need city-is- sued permits, in addition to state permits from the Wash- ington State Liquor and Can- nabis Board. “This would make it a little easier but not that much eas- ier,” City Administrator David Glasson said after the vote. Glasson remained ambiv- alent. “It’s probably not worth the effort to have (pot businesses).” Licensed marijuana retail facilities in Washington state have sold over $1 billion in marijuana lowers and canna- bis-infused products since reg- ulators irst began permitting such sales just over two years ago. Those sales have yielded $275 million in tax revenue. Taxes collected from retail- ers, producers and processors in Paciic County totaled $1.6 million over that same two- year period. City Councilor Del Murry was the only member of the council to vote against the ordinance to relax the buffers. He said after the vote that he did not think marijuana busi- nesses in Long Beach were a good it, nor would they send the right message to local youth. Dawn McIntosh rejoins Campbell & Popkin Judge-elect Dawn McIntosh has rejoined Campbell & Popkin to work closely with Chris Palmer, in whom she has great conidence. Dawn and Chris are both well-known for skillfully representing clients in di- vorce, seperation, custody and other family law mat- ters. Campbell & Popkin also provides services in business law, litigation, real estate, estate planning and probate. Dawn and Chris are both taking new clients. Dawn McIntosh www.campbellpopkin.com Chris Palmer 503-738-8400 • 1580 N. Roosevelt Drive, Seaside “A lot of the requests we’re not even responding to because they have nothing to do with the case,” he said. “Those that do have to do with the case we’ve been working with councilors and staff in putting together all of the documentation, probably a few thousand pages so far.” Sweet said the city would respond to matters relevant to the use of the barn. “That’s what’s relevant in this partic- ular case,” Sweet said. “We’re focusing on what has to do with the case.” The question of summary judgment will be decided Oct. 24, Sweet said. If the request is denied, a trial date is scheduled for Nov. 15. Default sale is postponed The Neacoxie Creek Barn property at 773 Paciic Way in Gearhart won a reprieve last week from a default sale that had been scheduled for Friday. The sale has been postponed until 11 a.m. Feb. 6 accord- ing to an attorney for creditors. The auction will take place on the Clatsop County Courthouse steps. While Smith is listed on the property deed, she is not listed as a party to the proceed- ing, which appeared as a legal notice in The Daily Astorian. The notice came after the fail- ure of grantor Martha Strick- land to repay $297,741 “and other advances and expenses” on the property, which com- prises two Gearhart lots. s m a r g o m m Ma ! s e v i l save CMH Imaging Services at 503-338-7525 to schedule your next mammogram. Saving lives, One person at a time. 5 Things To Tell a Friend October is National Breast Cancer Awareness Month 1. Your two greatest risk factors for breast cancer are being a woman and getting older. 2. Get screened. Finding breast cancer early and receiving treatment will increase your chance of surviving breast cancer. t 20-40 years old: Get a clinical breast exam every three years from your doctor. Talk to your doctor about self exams. t 40 years and older: Get a mammogram and a clinical breast exam from your doctor every year. 3. Practice self care. 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