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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Feb. 6, 2016)
RECORDS Saturday, February 6, 2016 East Oregonian Page 7A Ethical questions surround UMATILLA COUNTY’S Most Wanted Bundy’s legal team, strategy Saturday, Feb. 6, 2016 Oregon Public Broadcasting While Ammon Bundy was teaching others about his interpretation of the Constitu- tion, lawyers were schooling him about potential violations of federal laws as the militant leader led the occupation at the Malheur National Wildlife Refuge. Both Ammon Bundy and his brother Ryan told several journalists, including OPB reporters, that an Oregon- EDVHGODZ¿UPZDVDVNLQJWR represent the men. On Jan. 7, in an interview with OPB, Ryan Bundy said the militants didn’t need lawyers because he didn’t believe the group had broken any laws. “But some are coming up to talk with us,” Bundy said. On Jan. 9, Lissa Casey of the Arnold Law Firm tweeted that she and Brian Boender, a fellow attorney from the Eugene Based Arnold Law Firm, met with some “very nice men” at the Malheur National Wildlife Refuge. “Most dangerous part of the trip: [Bryan Boender] driving snowy pass,” Casey tweeted. On Jan. 14, Ammon %XQG\FRQ¿UPHGKHPHWZLWK lawyers over the previous weekend; however, he didn’t name them. “I did, and they had their suggestions, but look, we’re not breaking any laws,” Bundy said. “They made a list and shared it with us and we’ll keep that in mind, but again, the federal government has no authority on this land.” )HGHUDO JRYHUQPHQW RI¿- cials disagree, and indicted Ammon Bundy along with 15 others for keeping federal employees from “discharging their duties.” To defend him against those charges, Bundy retained the Arnold Law Firm. That retention could poten- tially be a violation of Oregon State Bar guidelines. Rules against soliciting clients Lissa Casey and Mike Arnold, the head of the $UQROG/DZ)LUPFRQ¿UPHG that Ammon Bundy did not FRQWDFW WKH ¿UP EXW UDWKHU DWWRUQH\V IRU WKH ¿UP ZHQW to meet the militants face-to- face. “I felt duty-bound to give pro bono advice to the protesters out there given that they were practicing civil disobedience and didn’t appear to have any legal counsel,” Casey told OPB in a written statement. That action could poten- tially violate Oregon bar UXOHVVSHFL¿FDOO\VHFWLRQ Portland criminal attorney Janet Hoffman said that the rule prohibits attorneys from soliciting clients by phone, electronic contact or in person. “It kind of gives clients Umatilla County Community Corrections and the East Orego- nian are cooperating in this weekly publication of descriptions of people who are wanted. The persons below have criminal warrants. If you see any of these people, do not attempt to apprehend them yourself. If you know where these people may be, contact dispatch at (541) 966-3651 or Community Corrections at 276-7824. Askins, Anthony Lawrence Felon with weapon Espino, Antonio Pete Assault, burglary, felon with weapon Ibarra, Juan Manuel Sexual abuse For more information about Umatilla/Morrow County Community Corrections and additional wanted offenders, check out our website at: www.co.umatilla.or.us/corrections Andy Nelson/The Register-Guard via AP Attorney Lissa Casey, attorney for Ammon Bundy, listens to a recorded statement by Bundy as an image of him is shown on a screen, in Eugene on Thursday. some distance from the proverbial image of like ambulance chasing — that you’re calling people chasing after one catastrophe after another,” Hoffman said. 7KH UXOH VSHFL¿FDOO\ prohibits solicitation if one of the driving motivations for the DWWRUQH\LV¿QDQFLDOJDLQ In an email to OPB, Casey repeatedly emphasized that any legal advice given to Bundy and other militants was offered pro bono. But now that an indictment has been issued against Bundy and 15 RWKHUV&DVH\VDLGWKH¿UPLV charging for its services. “We expect the litigation to be rather lengthy and expen- sive so he asked us to set him up with the crowd sourcing page to assist in raising funds,” Casey wrote. As of Friday, Feb. 5, that page had raised about $27,000 of its $100,000 goal. While representing Ammon Bundy could raise WKHSUR¿OHRIWKH$UQROG/DZ Firm and potentially bring PRUH EXVLQHVV WR WKH ¿UP D prominent legal professor said that shouldn’t be considered when looking at possible ethics violations. “That wouldn’t be a factor here, because it’s not money they’re going to make from [this] client,” said John Strait, an associate professor at the Seattle University School of Law. One of the key questions is when Ammon Bundy became a client of the Arnold Law )LUP DQG ZKHWKHU WKH ¿UP approached him to solicit his business. Casey said she and Boender drove to the refuge to advise the armed militants as they occupied the refuge. ³:H GURYH WKH ¿YH KRXUV over there and offered our free legal services about the occupation itself while they were doing their sit-in protest at the refuge,” said Casey. She declined to comment DERXW WKH VSHFL¿F FRQYHUVD- tions she had with Ammon Bundy, as did managing partner Mike Arnold. He cited attorney-client privilege as the reason for not commenting about the conversations. prosecuted. “The government’s going to leave those guys alone,” Ryan Bundy said. Two of the last holdouts on the refuge — David Fry and Sandy Anderson — FRQ¿UPHG WR 23% WKDW WKH\ too, saw militant leaders order those outside the inner circle to break laws, like using government computers, Leaders ordered driving federal vehicles, or young, new recruits plowing new roads on the refuge. to break laws But in one of his last Another question hanging conversations before the severed militants’ over the case is whether FBI holdout attorneys advised militant communications, leaders to pin certain crimes Sean Anderson said those on younger militants and new orders were not given with the intent of shifting criminal recruits. Before he was arrested, responsibility to new recruits. Ryan Bundy said attorneys Anderson added that he gave him and other occupa- “trusted Ammon and Ryan” tion leaders lists of laws to with his life. A source close to Ammon steer clear of breaking. Ammon Bundy also said Bundy, speaking on the that attorneys had inventoried condition of anonymity potential legal violations, and because of the ongoing federal had given the militant leaders criminal case, said a list of a list of laws they believed crimes to avoid might have been compiled. However, were being broken. An OPB reporter saw the person suggested that militant leader Ryan Payne, interloping lawyers from who headed the security team out of state had created and at the refuge before he was distributed that inventory to arrested, giving orders to militant leaders. Lissa Casey didn’t respond young militants. Some of them had arrived directly to that inquiry. In her at the refuge hours before and statement to OPB, she wrote, “it appeared that some out-of- were new to the group. Payne was also seen stop- town lawyers arrived to help ping now deceased militant as well.” The only lawyer from out Robert “LaVoy” Finicum from getting into a white, of state OPB could identify as visiting the compound before federally owned truck. “You don’t do that, have the arrest of Ammon and them do that,” Payne said as Ryan Bundy is Todd Macfar- he pointed a new arrival who lane. He represents the family of LaVoy Finicum. went by the name of “Joe.” In a statement to OPB, An OPB reporter also witnessed Ammon Bundy Macfarlane wrote, “I have telling television journalists never represented the Bundys that he would not drive and have never given them federally owned vehicles, use any legal advice.” Law professor John Strait federal computers, or engage in other illegal activities that said that if a lawyer advised RWKHU UDQNDQG¿OH PLOLWDQWV the Bundys on “how to break the law,” that would be an had done. Ryan Bundy was asked ethical violation. “If the lawyer counsels about his brother’s comments, and acknowledged militant what is or isn’t against the law, leaders would not engage in that’s their job,” Strait said. those visible crimes, because “But the lawyer can’t help younger militants and newer by saying, ‘Here’s how you recruits were less likely to be commit the crimes smarter.’” Casey, however, told OPB that Bundy was not yet at a client at the time she and Boender visited. “Ammon Bundy retained us the morning of his initial appearance,” she wrote, meaning it’s possible privilege was not established between WKH ¿UP DQG$PPRQ %XQG\ until that point. Fed court issues $385K judgment against blueberry growers SPOKANE, Wash. (AP) — Some blueberry growers in Walla Walla County have admitted in federal court that they systematically violated the rights of their agricultural workers over a period of three years. That includes failing to pay the minimum wage and overtime in the 2011, 2012 and 2013 growing seasons. The U.S. Department RI /DERU ¿OHG VXLW PRUH than two years ago, and the U.S. District Court for the Eastern District of Wash- ington this week entered a consent judgment in favor of the government on all counts. Thursday’s ruling requires the Walla Walla County growers to pay a total of $385,318 in unpaid wages and damages to pickers and packing shed workers. The growers, who include Blue Mountain Farms and LWV DI¿OLDWHV PXVW DOVR SD\ $20,000 in civil penalties to the federal government. “We are pleased that Blue 0RXQWDLQ ¿QDOO\ DGPLWWHG their systemic violations of federal law and have agreed to ensure that their hard- working harvest workers are no longer exploited Ortega Jr., Jose Raul Delivery/manufacture of controlled substance. (3 counts) Salinas, Andrew Jacob Assault, riot, selling marijuana by working them off the books, in the shadows,” said Ruben Rosalez, regional administrator for the Labor Department’s Wage and Hour Division. 2I¿FLDOV IRU %OXH Mountain, headquartered in Burbank, Washington, did not immediately return a telephone message seeking comment. Labor Department inves- tigators in 2013 discovered the growers were paying hundreds of workers off the books in Walla Walla &RXQW\ ¿HOGV :RUNHUV KDG no tickets to track how much they had picked, and they received no paychecks, the agency said. Many workers who did appear on the company’s records were denied over- time pay despite working long and regular overtime hours, the agency said. *URZHUV¿UVWWULHGWRGHQ\ DFFHVV WR WKHLU ¿HOGV ZKHQ DJHQF\RI¿FLDOVVWDUWHGWKHLU investigation. The department obtained a court order to force Blue Mountain to give investiga- tors immediate access and to cease interfering with the investigation. In the consent judgment, the growers admitted that they violated federal law. 6SHFL¿FDOO\ WKH JURZHUV admit that: They used a system in which multiple workers were picking berries on a single ticket, making it appear that the berries “counted as having been harvested by one person.” The employer did not pay the promised wage, which was the Washington state minimum wage, to some of their workforce. Growers did not pay their workers in the packing shed the legally required overtime premium of time- and-a-half despite the long hours worked. UMATILLA COUNTY’S Warrants Saturday, Feb. 6, 2016 The East Oregonian receives a list of warrants on the Friday before publication of the weekend edition. The warrants below are outstanding as of Feb. 5, 2016. Aguilar, Antonio Charles Failure to appear Bail: 40,000 Albee, Bruce Wayne Driving while suspended Bail: 50,000 Bagg, Cody James Reckless driving Bail: 2,500 Daniels-Hughey, Kimberly Marie Failure to appear Bail: 10,000 Del Carmen, Joel Loeza Failure to perform duties of a driver Bail: 5,000 Please call dispatch at (541) 966-3651 if you know the location of any of the above subjects. PUBLIC SAFETY LOG THURSDAY 6:39 a.m. - Two semitrailers without chains passed a car westbound on Interstate 84 on Cabbage Hill. The car’s driver called 9-1-1 to complain because the road required semis to have chains. He said they big rigs almost hit his vehicle. 8:03 a.m. - Pendleton police received a call for an RI¿FHUWRFKHFNRQWKHRFFXSDQWRIDVLOYHU'RGJHYDQWKDW HDFKPRUQLQJSDUNVRQ6RXWKZHVWWK6WUHHWEHWZHHQ 0F.D\&UHHN(OHPHQWDU\6FKRRODQGDFKXUFKDQG appears to watch children going in and out of the school. 8:35 a.m. - A caller told Pendleton police a man is KDUDVVLQJDQGWKUHDWHQLQJHPSOR\HHVDWKHURI¿FHDW 6:)UD]HU$YHLQYLRODWLRQRIKLVUHVWUDLQLQJRUGHU 11:30 a.m. - A man reported the theft of sod from SURSHUW\RQ6RXWKZHVWWK6WUHHW+HUPLVWRQ DP$ZRPDQRQ:HVW)XUQLVK$YHQXH 6WDQ¿HOGUHSRUWHGVRPHRQHWDSSHGRQKHUZLQGRZIRUWKH second time in the last two hours. SP3HQGOHWRQSROLFHUHFHLYHGDUHSRUWRID scam caller posing as a power company employee. 3:05 p.m. - A caller told Pendleton police a male was KXUWLQJDIHPDOHDW6RXWKZHVWWK6WUHHWDQG(PLJUDQW Avenue. SP$FDOOHUWROG3HQGOHWRQSROLFHKHUJUDQG- PRWKHUSXVKHGKHUDVVDXOWHGKHU¿DQFpHDQGPDGHKHU hit her 3½-year-old-daughter. SP$\HDUROG0LOWRQ)UHHZDWHUPDQRQ probation tried — and failed — to buy a gun at Garner’s *URFHU\DQG6SRUWLQJ*RRGV3HQGOHWRQ 10:18 p.m. - A caller reported a woman who may have been an assault victim came into the lobby of Out :HVW0RWHO+LJKZD\0LOWRQ)UHHZDWHUVDLG she needed help and wanted to call her friend. Then she stated she did not want to involve law enforcement. 2I¿FHUVZHUHQRWDEOHWR¿QGWKHZRPDQ 10:31 p.m. - A woman told Pendleton police she was FOHDQLQJDWKHUIDWKHU¶VKRXVHZKHQKHUVLVWHUDWWDFNHG her. The caller also said her sister has been stealing from her for a while and now he wants to report all of it. 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