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.”
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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
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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,
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