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.
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