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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Oct. 28, 2016)
9A THE DAILY ASTORIAN • FRIDAY, OCTOBER 28, 2016 Roden: ‘Worse thing that ever happened is that little girl dying’ Continued from Page 1A ‘An extreme case’ Many involved in the Clat- sop County justice system have called the death of Evan- gelina Wing in December 2014 one of the worst child- abuse cases they have ever seen in the county. Details of the crime scene include an apartment door stained with blood and blood spatters throughout the entire dwell- ing. Then there is the phys- ical evidence. Wing’s body was completely battered, the state says. An autopsy found the child apparently died from blunt-force trauma. At the time of her death she had two black eyes, a broken arm, multiple bruises over her face and chest and hemorrhaging around her head as well as what the state maintains are bite marks on her and her brothers. Her two brothers, ages 5 and 3 at the time, also suffered other inju- ries and bruises. Wing’s mother, Doro- thy Ann Wing, and her boy- friend, Roden, were suspects almost immediately. In January, Wing took a deal that dropped her prison sentence from life to just over 15 years. In exchange, she pleaded guilty to first-degree manslaughter and two counts of first-degree criminal mis- treatment and agreed to give testimony about Roden on Photos by Danny Miller/The Daily Astorian LEFT: Randy Roden, left, listens to the prosecution deliver closing arguments during his trial on Thursday at Clatsop County Circuit Court. RIGHT: Randy Roden’s defense attorney Conor Huseby delivers closing arguments on Thursday at Clatsop County Circuit Court. behalf of the prosecution. Serial abuser The state has painted Evangelina Wing’s accused killer as a serial domestic abuser who preyed on single mothers with young children. His attorney, Huseby, has attempted to show the oppo- site, arguing that Roden was a caring, if careless, guardian while Evangelina’s mother was an abusive parent and is the one responsible for Evan- gelina’s death. The defense team argues that a serious methicillin-re- sistant Staphylococcus aureus infection, coupled with the mother’s abuse, is what ulti- mately killed Evangelina. “What happened to Eva Wing is the worst thing I’ve ever seen professionally,” Huseby said during his clos- ing arguments. But, he said later, refer- ring to witnesses he had called who testified that they had seen or heard Dorothy Wing abuse her children in the past, “Every single injury in this case is explained by Dorothy Wing’s history of abusing her children.” Deputy District Attorney Ron Brown agrees that Wing is certainly partially responsi- ble for Evangelina’s death. “She allowed her three kids to be preyed upon by the defendant and she didn’t do anything,” Brown said. But, as he has throughout the trial, he dismissed the idea that an infection was to blame for Evangelina’s death. Physical trauma was the primary issue contributing to the toddler’s death, Brown said several times in his clos- ing arguments. Any infection was secondary. The state maintains that Roden abused all three chil- dren frequently during the time he lived with Wing in Seaside, and that Roden is the one who set out to murder the toddler, in part to cover up evidence of alleged sexual assault. “This is an extreme case, with extreme injuries,” Brown said. Addressing the jury, he said, “Don’t be fooled, don’t be allowed to think this was an itty bitty case. This was huge.” CREST: Warrenton Fiber, Crest have had an antagonistic relationship Continued from Page 1A report also questioned whether CREST’s actions related to the impacts of the project and salmon credits constituted public corruption or a civil rights violation. Blitz, in an email Thurs- day, stressed that his report was preliminary. He said the report raised questions but did not make any conclusive find- ings about CREST. “I have no reason to doubt or question Scott Lee’s confi- dence in Denise Lofman or the value of her work as the exec- utive of the CREST intergov- ernmental cooperative,” the attorney wrote. “I am sure that she pursues CREST’s mission with ability and dedication. Context is very important to her and Commissioner Lee’s reactions to the ‘report.’” “The ‘report’ is prelimi- nary. It may be prudent for all to remember it was deliv- ered to enable the City Com- mission to make further scope determinations and direct my work.” CREST not interviewed Blitz said Lofman was not interviewed for the report, which was based primarily on a review of public records. The attorney, however, did speak with John Nygaard, an attorney for Warrenton Fiber, a timber processing com- pany that owns property near the river and wants the city to take control of the dam. Blitz’s report cast Warren- ton Fiber’s “cautionary state- ments” and “analysis and advocacy” in a credible light. Nygaard and others have used Blitz’s report as vindica- tion, alleging CREST inten- tionally misled the city and attempted to defraud property owners to secure the $1.2 mil- lion project. Pat O’Grady, the owner of Warrenton Auto & Marine Repair, has appeared before the City Commission and the Port of Astoria Commission and claimed Blitz’s report is “proof that CREST lied, cheated and tried to steal the property from the citizens for their own personal benefits.” Lofman, at a CREST coun- cil meeting Thursday, said the agency no longer has anything to do with the Eighth Street Dam. Warrenton, like other government entities in the region, is a paying member of CREST. “As you all know, we only do projects with will- ing, voluntary partners who are interested in working with us,” Lofman said. She described the legal issues that have arisen from Blitz’s report as “alarming” before urging the CREST council to meet privately in executive session. Alex Pajunas/The Daily Astorian Denise Lofman, the executive director of the Columbia River Estuary Study Taskforce, pictured here with former staffer Matt Van Ess on Gnat Creek in 2013, has received a vote of confidence from the CREST council. CREST has been crit- icized by Warrenton over a project to remove the Eighth Street Dam. Port of Astoria mulls leaving CREST Two commissioners want to exit, but director sees value By EDWARD STRATTON The Daily Astorian The Port of Astoria Commission will discuss Tuesday whether to leave the Columbia River Estuary Study Task- force, but the Port’s executive director believes it is important to maintain the relationship. Port Commissioners Stephen Fulton and Bill Hunsinger have called for the Port to end its membership. Fulton, a wetlands specialist for War- renton Fiber, has clashed with CREST over the possible removal of the Eighth Street Dam in Warrenton. The company has urged the city to take control of the dam from the Skipanon Water Control District over potential flooding concerns. Jim Knight, the Port’s executive director, said that while CREST has been used sparingly, the agency has provided quality technical support when asked. “I personally think it is important we maintain that relationship with CREST,” Knight said. Afterward, Lofman said CREST is “investigating our options.” Issues at stake Warrenton has asked the federal Natural Resources Conservation Service to clar- ify a 2014 letter that gave con- trol of the dam to the water district, which has a city ease- The Port is one of the founding mem- bers of CREST. The task force’s council of governments includes representatives from Clatsop County and Washing- ton’s Wahkiakum County, the Port and the cities of Astoria, Warrenton, Gear- hart, Seaside, Cannon Beach and Ilwaco, Washington. The task force was created in 1974 to gather scientific material and help cre- ate a comprehensive plan amid conflicts over the use and development of estua- rine land in the Lower Columbia. Pres- ently, the task force has transformed its mission to provide expertise in project design, habitat restoration, funding, man- agement, implementation and monitor- ing. Much of the agency’s funding comes from projects it oversees for the federal Bonneville Power Administration. The Port of Ilwaco left CREST in December. Guy Glenn Jr., the port direc- tor, said at the time that the port was not using the task force’s services enough to warrant being a member. Glenn said Wednesday that the port is still using the task force on a trail con- nection plan. He declined to comment on whether there had ever been concerns over the quality of work or mission of the task force. Scott Lee, the chairman of the CREST ment to operate the dam. Blitz has argued that the dam is likely a federal asset tied to the city’s levee system. He believes the U.S. Army Corps of Engineers and the city should control the dam, like the levees. The water district does not consider the dam part of the city’s levee system, and continues to council and the Clatsop County Board of Commissioners, said the Port of Astoria is the only agency he is aware of having a discussion about leaving CREST. “Nobody’s contacted me requesting to leave,” Lee said. Other government agencies say they are on good terms with CREST and are pleased with its services. “We’ve liked what they’ve provided,” Astoria Mayor Arline LaMear said. Sue Lorain, a city councilor in Gear- hart, said the city has had no conflict with the task force. “We actually just had an appointment to get some advice and some help … for some dunes preserva- tion,” she said. Mike Cassinelli, the mayor of Ilwaco, said the relationship with CREST has been good. He said the agency’s staff is trying to work out an agreement with Weyerhaeuser logging company to avoid clear-cutting land and threatening the quality of the city’s watershed. Warrenton, however, has questioned CREST’s role in the debate over the Eighth Street Dam. CREST has with- drawn from the project, but the city is still seeking answers about the validity of engineering reports from CREST and the water district on the impact of removing the dam. maintain that the dam should be removed as obsolete. The water district has removed the tide gates and barricaded a gravel road over the 53-year- old structure. Blitz initially told the City Commission in Septem- ber that the city is the right- ful owner of the dam, which emboldened commission- ers to authorize the attorney to issue legal warnings to the water district to give up any interest. But Blitz has since shifted to the idea that the dam is likely a federal asset linked to the city’s levees. Motives While Blitz’s report raised questions about the motives of CREST and the water dis- trict, his fact-finding effort did not examine what has driven Warrenton Fiber to take such an intense interest in the dam. Warrenton Fiber and CREST have had an antago- nistic relationship. In October 2015, Lee, as the CREST council chairman, admonished Stephen Fulton, who works for Warrenton Fiber and serves on the Port Commission, for his “non- collaborative, threatening and aggressive” conduct toward CREST staff when he repre- sented the Port on the coun- cil. In one incident, accord- ing to Lee, Fulton threatened CREST staffer Matt Van Ess, who had tried to shake his hand at a Warrenton Planning Commission meeting. “We’re coming after you, Matt,” Ful- ton allegedly said. Robert Mushen, who now represents the Port on the CREST council, had told Ful- ton last year that there was confusion at CREST about whether Fulton was repre- senting the interests of the Port, Warrenton or Warrenton Fiber. Fulton was the first to pub- licly air questions in Warren- ton about the potential for flooding on upstream prop- erty owners if the dam were removed. He also pressed the City Commission over why the city would rely on pri- vate engineers working with CREST. Development rights Letters and emails show Warrenton Fiber was wor- ried the dam removal proj- ect could lead to an Endan- gered Species Act upgrade for the Skipanon River that could impact private property val- ues and development rights. In an April 2015 let- ter to the Bonneville Power Administration, Nygaard asked whether Warrenton Fiber should be compen- sated for increased salmon access through the company’s property. Nygaard wrote that War- renton Fiber would support the project if the company received a guarantee from the Bonneville Power Admin- istration and CREST that it would cause no loss or chal- lenge to development rights, or that the company would be directly compensated for any development losses or increased development costs by the dam’s removal. In a March email to City Attorney Hal Snow, Nygaard urged the city to research its legal rights over the dam, including whether the dam is part of the city’s levee sys- tem, the exact argument Blitz is now making on the city’s behalf.