Page 10A
East Oregonian
WOLVES:
ODFW has killed
four wolves since
the bill passed
Continued from 1A
passed through the House
with a fundamental misun-
derstanding of what it does,”
Cady said. “Salem can be
somewhat of a black box. ...
We perceived this as pretty
egregious.”
Cascadia
Wildlands,
Oregon Wild and the Center
for Biological Diversity
had all requested a judicial
review of the delisting deci-
sion. The case was tossed by
the Oregon Court of Appeals
on April 22, which cited HB
4040. Cady claims the bill’s
sole purpose was to block
their review, despite claims
from Barreto, Witt and
Esquivel.
According
to
the
complaint, Barreto said
during a Feb. 4 hearing that
the bill “does nothing more
than shore up the decision
by the Fish and Wildlife
Commission,” and “Our
objective in this is not to
usurp the authority of the
commission. It is only to
shore up the decision that
they have made and to make
the (wolf) plan a workable
plan as was written.” He also
sent a written document to
colleagues stating the bill
had no language precluding
judicial review.
However, on Feb. 16,
the Legislative Counsel
Committee issued a report
to Sen. Michael Dembrow,
D-Portland, stating that the
only legal effect of HB 4040
was to “validate any real or
perceived irregularities” in
ODFW’s decision under
state law.
“In essence, the only
effect of the bill was to
preclude judicial review of
the commission’s delisting
decision,” the complaint
reads.
HB 4040 passed the House
33-23, and the Senate 17-11.
Since then, ODFW shot and
killed four wolves from the
Imnaha Pack in northeast
Oregon
for
frequently
attacking livestock in the
area. There is still no legal
hunting of wolves allowed in
Oregon.
Barreto said he had not
seen the complaint as of
Monday morning, but reiter-
ated the intent of the bill was
to afirm what ODFW had
already done.
“All we did was say yes,
we agree with Fish and
Wildlife,” Barreto said. “If
that precludes their lawsuit,
then so be it.”
Rep. Esquivel also said
that he had not received
a copy of the complaint,
but was not worried about
it because he did nothing
wrong.
“We didn’t intentionally
try to mislead anyone,”
Esquivel said. “It’s our
opinion, and our opinion’s
our opinion.”
Witt also said on Monday
afternoon that Cady’s allega-
tions were baseless, and that
lawmakers fully vetted the
legislation during the last two
annual legislative sessions.
“It said, in essence, that
the procedures (ODFW)
undertook in making the
determination to delist were
adequate and suficient,”
Witt said. “But we didn’t
make any determination
beyond that. It would have
been inappropriate for us to
have done so.”
Environmentalists
had
asked for a review of the
delisting decision because
they argued it was not made
with sound science, and
had not been independently
reviewed, as required by
state law.
Cady said they are
pushing to have the case
reconsidered by the Court of
Appeals.
“To be very clear, the
(wolf) recovery is going
very successfully,” he said.
“Our frustration is more just
the pushback this species’
recovery is getting from
state legislators and various
lobbying interests.”
Oregon’s wolf population
had grown to at least 110
animals by the end of 2015, a
36 percent increase over the
previous year.
———
Capital Bureau Reporter
Hillary Borrud contributed
to this report. Contact
George Plaven at gplaven@
eastoregonian.com
or
541-966-0825.
Tuesday, May 3, 2016
OFF PAGE ONE
Man who served 10 years for ’64 NYC killing cleared of crime
NEW YORK (AP) — A
Virginia man who spent
almost 10 years in prison for
a New York City slaying he
was pressured to plead guilty
to over 50 years ago was
back in court on Monday —
to hear a judge inally vacate
the conviction.
At the request of a pros-
ecutor, a judge exonerated
81-year-old Paul Gatling
for the 1963 shooting death
of Lawrence Rothbort in his
Brooklyn home. In doing
so, the judge apologized and
Gatling hugged his crying
ex-wife and a friend.
Gatling, a retired land-
scaper, had asked the pros-
ecutor’s Conviction Review
Unit to look into his case,
which led to the decision
to ask for the exoneration
voting on every level.”
Rothbort was shot in his
Brooklyn home. His wife
told police that a man with
a shotgun had entered the
apartment and demanded
money,
shooting
her
husband when he refused.
She provided a description,
but no suspect was found.
Rothbort’s wife, nine-
months pregnant at the time
of the trial, said Gatling was
the man who had killed her
husband, despite not being
able to identify him in a line
up previously. No physical
evidence tied him to the
crime. Defense attorneys
were never given some
police reports, including a
description of the suspect as
several years younger than
Gatling.
AP Photo/Mark Lennihan
Paul Gatling, center, and his attorney Malvina
Nathanson walk hand-in-hand as they leave Brooklyn
Supreme Court after a judge exonerated him, Monday
in New York.
over how the investigation
had been handled and the
fairness of the trial.
Gatling, who walked
with a cane as he entered
the court, said he came from
a civic-minded family and
“this has stopped me from
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As the trial was underway,
Gatling’s attorney and
family pressed him to plead
guilty to second-degree
murder, afraid that he would
otherwise face the death
penalty if convicted. He
agreed, and was sentenced
to 30 years to life in prison in
October 1964. His sentence
was commuted by then-Gov.
Nelson Rockefeller at the
behest of the Legal Aid
Society and he was released
in January 1974.
His exoneration marks
the 20th time in two years
that
the
prosecutor’s
Conviction Review Unit
has helped clear defendants
found guilty in Brooklyn of
crimes they did not commit,
Brooklyn District Attorney
Ken Thompson said.
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