July 13. 2011
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USTICE
Prisoners Released after Cocaine Sentences Reduced
( A P ) T h o u s a n d s of federal prisoners B M M M
locked up for offenses involving crack
cocaine will be eligible for early release
after a vote Thursday by the U.S. Sentenc­
ing Com m ission.
Congress passed a law last year substan­
tially lowering recommended sentences for
people convicted of crack cocaine crimes,
ranging from possession to trafficking. The
idea was to fix a longstanding disparity in
punishments for crack and powder cocaine
crimes, but the new, lower recommended sen­
tences didn't automatically apply to offend­
ers already in prison. On Thursday the six-
member sentencing commission unanimously
decided that offenders locked up for crack
offenses before the new law took effect should
also benefit.
"I believe that the com m ission has no
choice but to make this right," said Ketanji
Brown Jackson, a vice chair of the com m is­
sion. I say justice dem ands this result." A p la s tic con taine r o f crack, the smok-
The com m ission s decision is final un- able, pu rifie d form o f cocaine, is dis-
less Congress decides to intervene by the played in Boston-Photo C ourtesy ofA P
end o f October, though that is considered
unlikely.
According to the com m ission's own re­
search, approximately 12,000 of the roughly
200,000 people incarcerated in federal pris­
ons nationwide will be eligible to have their
sentences reduced because o f Thursday's
vote. The average sentence reduction is
expected to be approxim ately three years,
though a judge will have to approve any
low er sentence. Individuals convicted
under state law and in state prisons will not
be affected. The Bureau o f Prisons esti­
m ates that over the first five years the
change will save $200 million.
In its ruling Thursday the commission
took a broad view of who should benefit from
lower recommended sentences, though vari­
ous groups had urged the commission to act
more narrowly. A group o f 15 Republican
lawmakers from the House and Senate wrote
to the commission saying the Fair Sentencing
Act passed by Congress last year was not
intended to benefit any past offenders. And
U.S. Attorney General Eric Holder took the
position that prisoners who used weapons
during their crimes or who have significant
criminal histories should not be eligible for
reduced sentences. That would have cut in
half the number of prisoners eligible for early
release from 12,000 to approximately 6,000.
Prisoners eligible for a reduction can
begin petitioning judges for a revised sen­
tence beginning in Novem ber, assum ing
Congress does not act.
The reductions would not be automatic. A
lawyer, the overwhelming majority of them
public defenders, would file paperwork in
court for the prisoner seeking a reduction,
and the reduction would have to be approved
by a judge. Prisoners would not necessarily
have to appear in court, but prosecutors
would also weigh in.
Courts have had prior experience with
the process. In 2007 approxim ately 16,000
crack offenders had their sentences re­
duced after another action by the Sentenc­
ing Com m ission.
■HMM
KMMMMMMKM
Rampant Car Theft Unveiled in National Report
Although the overall car theft
throughout the country is down,
Portland has taken the lead as the
city within Oregon with the highest
rate of thefts per 100,000 residents.
According to a new report from
the National Insurance Crime Bu­
reau, Portland has seen a slight in­
crease in the past year. In 2010,6,960
cars were reported stolen in the
Portland-Vancouver-Hillsboro area,
which is an increase from 2009, when
there were 6,837.
Compared to other cities through­
out the country, Portland has the
65th highest auto theft rate with
roughly one in 100 people falling
victim to car theft in the past year.
The Portland Police Bureau says
Auto theft is a serious community
problem, and vehicle owners who
have their cars stolen suffer incon­
venience, expenses and time loss
from work, as well as all vehicle
owners pay higher insurance rates terns," said Drew Hoffman from Stel an upgrade worth considering.
to cover the replacement of stolen lar Alarms'Produce Row warehouse,
Stellar Arms said many owners of
vehicles.
"A car is an investment, and some- both new and older cars are protect­
According to the Portland Police times you have to put in security to ing their investment by installing rea­
Bureau, the stolen value of ve- .
.. _
_
sonably-priced, aftermarket se­
hides in 2008 came to an esti­ According to NICB, the Top 10 most curity devices, such as keyless
mated total of $20,019,755, while stolon vehicles were as follows:
entry systems, remote starters,
the value of recovered vehicles 1. 1992 Honda Accord
and hidden switches, which
2. 1995 Honda Civic
was a mere $2,697,761.
allow owners to control spe­
The policy of the PPB related 3. 1990Toyota Camry
cific electrical components in
to car theft is to recover stolen 4. 1994 Acura Integra
their vehicles.
vehicles taken through criminal 5. 1991 Nissan Sentra
When hooked up to the fuel
activity, and to refrain from exer­ 6. 1993 Jeep Cherokee/Grand Cherokee
injection system or the starter,
cising authority in situations in­ 7. 1997FordF150Pickup
this physically prevents thieves
volving vehicles taken in civil 8. 1995 Nissan Pathfinder
from driving away.
9. 1995 Subaru Legacy
disputes.
“Consumers in America
In order to accept a report on a 10. 1998 Toyota Corolla
pay billions each year for auto
stolen car, members will conduct a protect your investments. Our phi- theft,” said Karl Newman, NW In­
preliminary investigation, and as part losophy is that it shouldn't cost you surance Council President. “The
of that investigation, ownership an arm and a leg," he added,
cost to replace stolen vehicles and
must be established.
Hoffman’s company Stellar Arms repair those that are recovered is
It s a shame, but thieves are is one local Portland company, which reflected in your insurance rates,
always going to find a way around believes in light of current trends, That makes stopping auto theft im-
the most common security sys- efficient security systems might be portant to all of us.”
■■
Cold Case Resolved
After almost 18 years since the
beginning of the investigation, 37-
year-old Brad Richard Ballantyne
was sentenced to 25-years in prison
after he pled guilty to Murder in
connection with the 1993 death of
Kimberly Jean Dunkin on Thurs­
day, July 7.
On Friday, January 1, 1993, at
10:30 a.m., 30-year-old Kimberly Jean
Dunkin, was found shot to death
inside the driver's seat of her blue
1973 Chevrolet Camaro parked in
front o f 4927 Northeast Skidmore
Street the morning after attending a
New Years Eve Party.
Although the case remained un­
solved for years, Cold Case Homi­
cide Detectives began examining
this case in 2008, when Kimberly
Dunkin's unsolved homicide was
featured in a set of playing cards
distributed throughout correctional
facilities in Oregon.
Featured on each card is a differ­
ent homicide cold case from the
Portland Police Bureau and Sheriffs
Offices from Multnomah, Washing­
ton, Clackamas and Clark Counties.
A tip directly related to the play-
helped lead to the arrest of Brad
Ballantyne in July 2010.
According to the Portland Police
Bureau, the partnership between the
Portland Police Bureau's Cold Case
Homicide Unit and the Multnomah
County District Attorney's Office
was instrumental to the success
obtained in this case, as well as the
tenacity of the Kimberly’s family
was critical.
As a part of the plea negotiation,
K im berly Jean Dunkin
the family had the opportunity to
ing cards, which were released by confront Kimberly's killer Brad
Crime Stoppers and local law en­ Ballantyne privately in a jury room
forcement agencies in 2009, were on the 5th Floor of the Multnomah
given to detectives that ultimately County Courthouse.
Suspect Uses
Dog in Robbery
On Sunday, July 11, Port
land Police identified a suspect
who used his pit bull to com ­
plete a robbery o f a father and
son walking with their bikes
along Southeast W ater Avenue
and Main Street over the w eek­
end.
Portland Police officers as­
signed to Central Precinct re­
sponded to the report by 41-
year-old Rodney G raves and
his 14-year-old son who told
police they were w alking the
Vera Katz Eastbank Esplanade
w hen the m ale suspect ap ­
p ro a c h e d th e m h o ld in g a
leashed white and gray pit bull.
A ccording to G raves, the
29-year-old suspect Jan Leith
H ag a Jr. to o k th e ir b a c k ­
pack s after he pulled on the
pit bull's leash in a m anner
in d icatin g th at he w as trying
to hold the dog back from
attack in g .
O ffice rs in the area lo ­
cated both the suspect and
the pit bull un d ern eath the
W estsid e o f the M o rriso n
B ridge b efore taking them
>oth into custody.
Jan L eith H aga Jr. w as
)ooked into the M ultnom ah
C o u n ty Jail on one co u n t o f
R obbery in the F irst D egree.
The pit bull was turned over
to M ultnom ah County Anim al
Control.