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-
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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
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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.”
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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
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that Ammon Bundy did not
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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
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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.
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prohibits solicitation if one of
the driving motivations for the
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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
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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
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Firm and potentially bring
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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
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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.
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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
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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
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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
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$20,000 in civil penalties to
the federal government.
“We are pleased that Blue
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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.
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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
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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.
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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.
ARRESTS, CITATIONS
Wednesday
3HQGOHWRQSROLFHDUUHVWHG6KDQQRQ*6WUDVVHU
RI+XQW6W$WKHQDIRUGULYLQJXQGHUWKHLQÀXHQFHRI
intoxicants.
2/5 - 2/7
2/8 - 2/9
Cineplex Show Times
$5 Classic Movie
Cineplex Show Times
$5 Classic Movie
KUNG FU PANDA 3 (PG)
2D: 12:00* 4:50 7:10
3D : 2:30* 9:20
KUNG FU PANDA 3 (PG)
2D : 4:50 7:10
3D : 9:20
DIRTY GRANDPA (R)
DIRTY GRANDPA (R)
12:10* 2:40* 5:00 7:20 9:40
5:00 7:20 9:40
FINEST HOURS (PG13)
2D: 1:50* 7:00
3D : 4:30 9:30
FINEST HOURS (PG13)
2D: 7:00
3D : 4:30 9:30
THE CHOICE (PG13)
THE CHOICE (PG13)
1:30* 4:10 6:40 9:10
4:10 6:40 9:10
2/10 12:00 PM
SABRINA (1954)
Ron and
Valori Martin
P SYCHOLOGICAL
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P ENDLETON , LLC
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541-278-2222
131 SE Byers Ave.
Pendleton • 541-276-1221
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Delacruz, Faustino
Delacruz
Contempt of court
Bail: 1,000
Drury, Curtis James
Driving while suspended
No bail
Esquibel, Kristina Marie
Theft
Bail: 5,000
Littlelight, Sally A
Ramirez
DUII, Reckless Driving
Bail: 10,000
Oakes, Richard Forrest
Harassment
No bail
2/10 12:00 PM
SABRINA (1954)
THE REVENANT (R)
THE REVENANT (R)
12:20* 6:50
6:50
13 HOURS (R)
13 HOURS (R)
3:50* 10:00
3:50* 10:00
Credit & Debit Cards accepted
Cineplex gift cards available
* Matinee Pricing
Credit & Debit Cards accepted
Cineplex gift cards available
* Matinee Pricing
wildhorseresort.com
wildhorseresort.com
541-966-1850
541-966-1850
Pendleton, OR I-84 - Exit 216
Pendleton, OR I-84 - Exit 216
