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About Portland observer. (Portland, Or.) 1970-current | View Entire Issue (March 13, 1980)
Jury rejectspolice story, denies murder charqe the I he ju ry rejected the storv story of tw enty-one P ortland and M u lt nomah police officers who testified that they loudly announced their identity before they broke into the O utsider’ s clubhouse on N orth Lombard on December 12th. They also rejected Deputy District A tto r ney John Ray’ s theory that Robert C hristianson knew the people breaking in the fro n t door were police and purposefully shot and killed O ffice David C row ther to delay their entry into the building. The ju ry rejected Ray’ s plea to find Christianson guilty of murder - punishable by death - but did not follow the logical conclusion and find him innocent by reason o f self defense, instead convicting hint of First Degree Manslaughter. Defense A tto rn e y Des Connaît has in dicated that he w ill file a motion for arrest o f judgement to n u llity the verdict. Procedures and practices o f the P ortland Police Bureau were brought into serious question by the defense: the use o f and the judgment o f the reliability o f infor mants; lack o f recording by the police officers o f narcotics buys and by the State C rim e Lab o f the testing o f narcotics; knock and en try procedures w ith a search w arrant; search fo r hom icide evidence without a search warrant. Prior to the selection o f the jury Connall questioned the legality o f the search warrant issued by Judge Abraham. The warrant was issued on the advice o f a “ reliable” infor mant and the defense sought to show that the reliability o f the in formant ( if there was one) had not been sufficiently tested. O fficer Gearhart told the court that he and officer Crowther had received inform ation from the in fo rm a n t that residents o f two houses on NE 29th were selling am phetamines. He made a successful buy o f heroin at one o f the houses. Gearhart testified that the heroin was taken to the state crime lab for analysis and a later call confirmed that it was. There was no record o f this test or o f the buy. Employees o f the crime lab te stifie d that they do oc- cassionaily test material brought by individual officers without making a record o f the tests. No prosecution was attempted on that buy. Gearhart said the informant also purchased a small amount o f heroin from the Outsiders clubhouse and tested it himself. On that occassion, he said, the informant used his own money for the purchase. Gearhart said the informant had met him and Crowther under the Burnside bridge, giving them general in fo rm a tio n on the drug scene and that he provided in fo r m ation on a Southeast address said he had seen C row ther step through the doorway and raise his arm although he could not see a gun. Crowther’s gun was found on the floor under him when he was drug out o f the house. An independent witness - Robert Johnson - te stified that he was driving by the house when the action started, stopped to watch, but heard no shouts o f “ police” from the ot- officer. He heard only, "come out o f the damn house.” A dditiona l testimony that con tradicted the police statements was that ot Michael Yaeger, who was sit ting on the bed next to the window, in his third story bedroom smoking pot and feeding his snakes when the raid occured. He testified that when the battering on the fro n t door began he pulled his light, peeked out the curtain o f the window and saw police cars through the block. He pulled up the window and stuck his hand out. He took his Fifth Amend ment right when asked if he threw out the marijuana the police later found. Three police o ffice rs testified that they saw H.K. Howard go to the window, stand up in full view with lights in front and behind him, and throw out the marijuana- even after they called to him to get back inside. Bob Christianson testified that when the banging began he ran down and called “ who is it?” then, receiving no answer, ran back up stairs and got his shotgun. He sat on the second or third step from the top o f the stairs, with his gun at his side, braced against the wall, still calling to ask who it was. He saw Crowther step through the door, look him in the eye and, slightly crouched, raise his gun toward him. Believing he would be killed, Christianson fired. The ju ry heard a tape o f a telephone call made by an Outsider alter the first shot was fired, asking lor police assistance. The voices o f Christianson and Howard could be heard in the background, s till calling to see who was there and pleading with them to stop firing, as well as gun shots. The most convincing evidence was physical evidence provided by crim in o lo g ist Bart Ried, who showed through ballistics and blood splatter tests that Crowther was in side the house when shot. The state crim inologist, in C onnall’ s words had "screwed up the crime scene” when she did not measure blood d ire ctio n a lity, type the blood or distinguish human from dog blood. Using the testim ony o f State Medical Examiner Dr. Brady that the shot had entered the center o f Crowther’s forehead at an upward angle, slightly from left to right, Connall demonstrated to the ju ry that C row ther had to have been looking up the stairs at Christian’ s lace when struck, not straight ahead as the officers testified. In his closing remarks Connall to ld the ju ry that the Deputy D istrict A tto rn e y ’ s theory that a man who was in a house surrounded by police, who knew they were coming in, would purposely kill a police o ffic e was “ absolutely preposterous.” A fte r discrediting O fficer Neil Gearhart’s testimony that " I have always in every search warrant that I have been a part o f or a party to, have announced my identity as a police o ffic e r and my in te n t” , through witnesses who testified that Gearhart and the other officers in volved had broken into their houses unannounced, C onnall to ld the jury: “ He simply lied to you.” Interested in current books about African Liberation? visit: JOHN REED BOOK STORE In the Dekum Building 519 S.W. 3rd Avenue Sixth Floor Or call: 227-2902 Robert Christianson leaves the courtroom during his trial (Photo: Richard Brown) where controlled substances were later found. However, the officer who investigated that case said he had received the information from a different inform ant. Gearhart was unable to show police records o f any unable to show police records of- Connall objected to the fact that the Police Bureau homicide detail entered the house several hours af ter the shooting and searched it without a warrant. Judge Robert E. Jones remarked that this shouldn’ t happen again and suppressed evidence found by the homicide o f ficers that was not in plain sight o f the o ffic e rs who had a search w arrant fo r narcotics or to the burglary detail w ith a search warrant tor stolen motorcycle parts. Connall also attacked the death penalty and ju ry selection. Calling the death penalty unconstitutional, he also argued that the new death penalty law does not eliminate the Prior aggravated murder law and that persons indicted fo r k illin g could be prosecuted under the prior law. The Courts’ determination that the new law eliminates the old ex poses all persons convicted o f Portland Community College TOLL FREE MESSAGE CENTER COMM-LINE (Call Our Message Manager) 1-800-452-1129 or 245-3329 (from Portland) Call anytime.... .... Schedule request — Suggestions or concerns .... Program information Spring term starts March 24.... .... Schedule of classes now available Or write for information — 12000 S.W. 49th Avenue Portland, Oregon 97219 The Morris Marks House 1501 SW Harrison Street Portlond 97201 Telephone 227-2688 homicide to the death penalty, since the D is tric t A tto rn e y has the discretion to ask fo r the death penalty. “ This could expose mem bers o f unpopular minority groups to the death penalty.” The Christianson case, he said, “ demonstrates an absolute misuse o f discretion. He (D D A John Ray) has the unbridled discretion to say a man w ill die or not d ie ...” He charged Ray w ith ignoring the elements o f the case in determining to use the statute allowing the death penalty when he should have used the intentional murder law. Judge Jones expressed concern that the pre-existing aggravated murder law could still be in effect, although other courts have ruled that it is not, because the legislature has met and did not repeal the old law. This could imply their intent to retain it. He did rule that it does not exist and the case would be tried un der the death penalty law. Connall also challenged the jury selection process, which is based on random selection from registered voters, saying certain socio economic groups are excluded. He had requested, and been denied, funds to do a survey to determine how opinions o f persons selected for ju ry duty compare w ith those o f non-registered persons. Only with that type o f survey would there be evidence o f whether the jury is a real cross-section o f the community. One o f the main issues raised during the tria l was whether the police - plainclothed and uniformed - who stormed the Outsiders clubhouse on December 12th knocked and announced their presence before breaking in the door and i f the statement was made, whether it was done in a manner to allow the occupants in the house to hear. Connall told the court that his examination o f police records o f recent drug raids, provided to him by the court, showed “ a habit on the part o f these officers” and a "custom o f the police department in this c o m m u n ity” to make un announced, illegal raids. Linder cross-examination officer Gearhart finally staled that his first kick on the d o o r was done sim ultaneously w ith his calling ‘ police” . His demonstration in the courtroom showed that the attack w ith the battering ram follow ed almost instantly, leaving no time for a response from within. Police officers testifed as to their positions around the raid site, stating they had either called out “ police,” "search warrant,” or had heard others. They also testified, in contradiction to their o ffic ia l re ports written shortly after the in cident, that officer Crowther was outside the door, that he did not have his gun drawn, and that when shot he fell straight forward into the hallway. Officer Steve Harmon, who was standing directly behind Crowther, DES CONNALL Professional Corporation LEGAL CLINIC CONCENTRATING IN THE FIELDS OF: CRIMINAL LAW INDUSTRIAL ACCIDENTS DRIVING UNDER THE INFLUENCE OF INTOXICANTS DOMESTIC RELATIONS WORKERS' COMPENSATION BANKRUPTCY PERSONAL INJURY WILLS-PROBATE AUTOMOBILE ACCIDENTS CONSUMER PROTECTION If you have a problem that is not covered in this list, please call and ask whether we can help. 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