2A THE DAILY ASTORIAN • FRIDAY, DECEMBER 8, 2017 Judge rules Schnitzer is not sole legal parent of boy Sause start to build a relation- ship with the boy. Schnitzer has allowed Sause to see the boy once — on the day he was born in an Albany hospital in December 2015. He has barred her from the boy’s life since. Sause contended it had always been the plan for Schnitzer to have custody, while she would spend time with him and let him know he had a mother. Her attorneys have argued that Schnitzer was retaliating against her because she broke off their romantic relationship and refused his proposals to marry him. Schnitzer, however, con- tended that Sause had donated her eggs and relinquished all parental rights by signing a set of legal documents and was only to carry out the role of mother if the two had a long- term commitment or were married. The trial began in Septem- ber. It was spread out over nine days since. Child has a mother, too By AIMEE GREEN The Oregonian A Portland judge dealt a crushing blow to one of Portland’s most prominent real-estate developers, Jor- dan Schnitzer, by denying his attempt to keep his former girl- friend from seeing the baby they created using his sperm, her egg and a surrogate. Multnomah County Circuit Judge Amy Holmes Hehn on Tuesday declared Cory Sause the legal mother of their nearly 2-year-old son. That means Sause could get to see the tod- dler, Samuel, by January at the latest. The judge must first meet with the lawyers to decide on a plan for parenting time. “I get to be a mom,” said a beaming Sause, 39, moments after leaving the courtroom. “I’m just speechless. After two years. I just want to see my son.” Schnitzer, 66, briefly shook his head as the judge announced her ruling. A representative told The Oregonian that Schnitzer would not issue any statements Tuesday. Schnitzer’s attorneys told the judge they plan to ask the Oregon Supreme Court to inter- vene immediately to prevent Sause from seeing the boy. That would create time to appeal the judge’s decision without letting ‘Credible’ Holmes Hehn sided with Sause, saying she found Sause’s testimony to be “cred- ible.” While the judge didn’t directly critique Schnitzer’s testimony, she said she believes that all along — through the in vitro fertilization process and surrogate’s pregnancy — the father had agreed Sause would be the boy’s mother. The judge said it was only immediately after the birth that ‘I get to be a mom. I’m just speechless. After two years.’ Cory Sause, moments after leaving the courtroom Schnitzer changed his mind — prompted by a set of “highly offensive” texts Sause sent him. Sause testified she was upset with Schnitzer’s plan to send the baby to live with the surro- gate for the first weeks of his life instead of taking the boy home to introduce him to Schnitzer’s two teenage daughters. Sause believed Schnitzer was buying time because he hadn’t told his daughters he’d hired a surrogate to have a son. “You are sending him to (expletive) Siberia to live with the Clampetts,” Sause wrote in one of the texts, in a reference to family in the 1960s and early ’70s TV show “The Beverly Hillbillies.” “It was this moment and not before that Schnitzer made the decision to cut Samuel out of Sause’s life,” Holmes Hehn said. Sause later said she was deeply sorry. But by then, the relation- ship with Sause and her fam- ily had clearly deteriorated. The judge found credibility in the testimony of Sause’s parents, who said that days after the boy was born, Schnitzer told them in a phone call they were not FIVE-DAY FORECAST FOR ASTORIA TONIGHT SATURDAY SUNDAY MONDAY 56 34 35 Clear to partly cloudy 55 38 Partly sunny TUESDAY 54 36 Partly sunny 51 36 Brilliant sunshine Mostly sunny the boy’s grandparents and he was still trying to decide how to refer to them. Schnitzer was considering the option of call- ing them “godparents,” they said. Within days — unbe- knownst to Sause — Schnitzer also successfully asked a judge to declare him the boy’s sole, legal parent. Sause learned that the next month. She also found out her name wasn’t on the boy’s birth certificate. Shortly after, she filed legal action. The judge determined legal forms Sause had signed set forth contradictory statements about Sause’s rights — or non- existent rights — as a parent. Verbal agreement The judge found the verbal agreement between the cou- ple told the real story: That Schnitzer had intended Sause to be the boy’s mother. The judge referred to var- ious texts, including one in which Schnitzer referred to their future child as “our baby.” In another text, Schnitzer told Sause’s mother that they should raise the child together, the judge said. Although Schnitzer had wanted to keep his plan to expand his family quiet, it became public after Sause filed legal action to secure her paren- tal rights. That’s in part because Schnitzer only wanted boys. He instructed medical profession- als to select only male embryos for implantation into a surro- gate. Schnitzer later explained that although he loves his two daughters, he wanted to bal- ance his family out with boys. Since the birth of Samuel in December 2015, he’s become a father to a second son, who was born by surrogate in June 2017. Sause said she’s spent about $600,000 in attorneys fees and other costs fighting for the right to see her son. She says Schnitzer has spent far, far more. Under Oregon law, she can ask the judge to order Schnitzer to pay a large portion of her legal expenses. “It was David fighting Goli- ath,” Sause said. Sause comes from a prom- inent and well-to-do Oregon family. Today she works as a vice president at Sause Bros., her family’s fourth-generation tugboat and barge business, with operations up and down the West Coast. But Sause said the costs of trial have wiped out her savings, and her resources pale in comparison to Schnitzer’s. Affluent family Schnitzer comes from one of Oregon’s most afflu- ent and philanthropic families. His father, Harold Schnitzer, branched off from his fami- ly’s steel empire in 1950 to found his own booming real estate business, the one Jor- dan Schnitzer now leads. His father died in 2011. His mother, an avid arts philan- thropist, is the namesake of the Arlene Schnitzer Concert Hall in downtown Portland. Jordan Schnitzer has grown the real-estate empire to now span six states. He has a pri- vate jet and at least four homes worth at least $15 million. He also has been generous by giv- ing away millions — espe- cially to Oregon’s arts commu- nity. An art museum bears his name. He is a major benefactor of the Astoria Column. Schnitzer and his attorneys had previously told The Ore- gonian that they believed his fight to remain Samuel’s only parent was about the sanctity of egg donor contracts, mod- ern families and the rights of a single man to be a father if he chooses. On Tuesday, Holmes Hehn, however, said Sause never knowingly and unambiguously relinquished her parental rights. The judge said Sause “seems to me to be a delightful person and a kind and loving human being.” The judge said she thought both Sause and Schnitzer have “tremendous” things to offer Samuel. “The court wishes them and Samuel all the best,” the judge said. Astoria’s Rollin’ Thunder BBQ will close its doors at Pier 11 this month The Daily Astorian ALMANAC REGIONAL WEATHER Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs. ASTORIA 35/56 Astoria through Thursday. Temperatures High/low ....................................... 56°/37° Normal high/low ........................... 49°/37° Record high ............................ 63° in 1939 Record low ............................. 10° in 1972 Tillamook 36/57 Precipitation Thursday .......................................... 0.00" Month to date ................................... 0.93" Normal month to date ....................... 2.45" Year to date .................................... 77.24" Normal year to date ........................ 59.82" Salem 27/46 Newport 41/58 Sunset tonight ........................... 4:30 p.m. Sunrise Saturday ........................ 7:46 a.m. Moonrise today ........................ 10:42 p.m. Moonset today ......................... 12:02 p.m. New Dec 9 First Dec 17 Coos Bay 37/60 Full Dec 26 Source: Jim Todd, OMSI TOMORROW'S TIDES Astoria / Port Docks Time 11:59 a.m. none Low 2.8 ft. City Atlanta Boston Chicago Denver Des Moines Detroit El Paso Fairbanks Honolulu Indianapolis Kansas City Las Vegas Los Angeles Memphis Miami Nashville New Orleans New York Oklahoma City Philadelphia St. Louis Salt Lake City San Francisco Seattle Washington, DC Hi 37 42 35 56 39 35 49 26 83 36 42 64 78 42 86 41 44 42 49 42 41 38 63 46 43 Ontario 18/30 Burns 5/34 Klamath Falls 16/46 Lakeview 14/48 Ashland 33/55 REGIONAL CITIES City Baker City Bend Brookings Eugene Ilwaco Klamath Falls Medford Newberg Newport North Bend Hi 39 45 61 45 52 46 50 47 56 59 Today Lo 7 20 44 26 38 16 28 29 41 38 W s s pc s s s s s s s Hi 36 47 63 44 54 46 50 47 58 62 Sat. Lo 9 21 43 24 38 14 28 31 40 38 W c c s pc pc s pc pc pc pc City Olympia Pendleton Portland Roseburg Salem Seaside Spokane Springfi eld Vancouver Yakima Hi 46 33 48 51 46 54 33 48 48 38 Today Lo 27 21 33 34 27 35 21 27 28 23 W s s s s s s s s s s Hi 49 34 49 52 46 56 34 49 48 37 Sat. Lo 26 20 30 33 27 34 20 27 29 21 W pc c pc pc pc pc c pc pc c Edward Stratton/The Daily Astorian Bruce McBride has operated Rollin’ Thunder BBQ in Pier 11 since 2006. ated from college and is work- ing full time. I had my good times here, 20 years of what I would consider paradise, and it’s time to go home and take care of business.” PUBLIC MEETINGS MONDAY Knappa School Board, 5:30 p.m., Knappa High School library, 41535 Old U.S. Highway 30. Youngs River Lewis & Clark Water District Board, 6 p.m., 34583 U.S. Highway 101 Busi- ness. Cannon Beach Rural Fire Department Board, 6 p.m., Fire-Rescue Main Station, 188 Sunset Ave. Seaside City Council, 7 p.m., City Hall, 989 Broadway. Thursday’s Lucky Lines: 03- 06-09-14-17-23-25-32 Estimated jackpot: $17,000 5-2-5 Thursday’s Keno: 02-10-11- 13-14-20-29-38-39-42-45-47- 48-54-64-66-67-74-79-80 Thursday’s Match 4: 07-17- 19-20 TOMORROW'S NATIONAL WEATHER NATIONAL CITIES Today Lo 31 31 25 29 23 25 29 12 66 23 25 41 50 26 74 23 32 34 26 35 28 21 47 33 34 Baker 7/36 Forecasts and graphics provided by AccuWeather, Inc. ©2017 UNDER THE SKY High 8.5 ft. 7.9 ft. La Grande 21/40 Roseburg 34/52 Brookings 44/65 Jan 1 John Day 23/48 Bend 20/47 Medford 28/50 Tonight's Sky: The Summer Triangle is high west with Vega in the northwest, and Altair shines farther to Vega's left. Time 6:08 a.m. 5:41 p.m. Prineville 18/46 Lebanon 27/49 Eugene 26/44 SUN AND MOON Last Pendleton 21/34 The Dalles 27/37 Portland 33/49 After more than a decade outlasting a rotating cast of businesses in Astoria’s Pier 11, the one-man operation Rollin’ Thunder BBQ is closing Dec. 22 as owner Bruce McBride returns to California. McBride started in April 2006 after relocating to the North Coast from California’s Sierra Nevada mountains. The business has helped facilitate various clubs, including the North Coast Ukulele Strum- mers, motorcycling groups and a chess club. “It’s just a time in my life when I need to make a change,” McBride said. “My daughter’s been shouldering the burden of caring for my folks. Now it’s just my dad left. She’s gradu- W sn pc pc pc pc s s c pc s pc s pc pc pc c r pc s c s s pc s c Hi 44 36 32 60 33 34 56 19 83 35 40 65 81 46 77 43 52 35 53 36 37 40 64 48 37 Sat. Lo 25 30 19 30 21 19 29 14 69 18 22 41 57 24 49 22 37 30 27 28 21 21 48 34 30 Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. W s sn sf s pc sn s pc pc sn s s pc pc r c s sn s sn pc s s pc sn LOTTERIES OREGON Thursday’s Pick 4: 1 p.m.: 1-3-4-1 4 p.m.: 1-1-9-1 7 p.m.: 9-4-2-0 10 p.m.: 2-2-4-6 WASHINGTON Thursday’s Daily Game: OBITUARY POLICY The Daily Astorian publishes paid obituaries. The obituary can include a small photo and, for veterans, a flag symbol at no charge. The deadline for all obituaries is 9 a.m. the business day prior. Obituaries may be edited for spelling, proper punctuation and style. Death notices and upcoming services will be published at no charge. Notices must be submitted by 9 a.m. the day of publication. Obituaries and notices may be submitted online at www.dailyastorian.com/forms/obits, by email at ewilson@dailyastorian.com, placed via the funeral home or in person at The Daily Astorian office, 949 Exchange St. in Astoria. For more information, call 503-325-3211, ext. 257. Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow fl urries, sn-snow, i-ice. $25 (M EN S & LADIES ) W a lk, w ork a n d pla y on sn ow a n d ice Follow us on Facebook! The Daily Astorian Established July 1, 1873 (USPS 035-000) Published daily, except Saturday and Sunday, by EO Media Group, 949 Exchange St., PO Box 210, Astoria, OR 97103 Telephone 503- 325-3211, 800-781-3211 or Fax 503-325-6573. POSTMASTER: Send address changes to The Daily Astorian, PO Box 210, Astoria, OR 97103-0210 www.dailyastorian.com MEMBER OF THE ASSOCIATED PRESS Follow us on The Associated Press is entitled exclusively to the use for republication of all the local news printed in this newspaper. SUBSCRIBER TO THE NEW YORK TIMES NEWS SERVICE ASTORIA: 239 14th Street • (503) 325-3972 • www.gimresshoesastoria.com MEMBER CERTIFIED AUDIT OF CIRCULATIONS, INC. Go to Facebook.com/DailyAstorian, and visit us at DailyAstorian.com to subscribe online! 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