NORTHWEST
East Oregonian
Page 2A
Thursday, September 8, 2016
BRIEFLY
MALHEUR NATIONAL WILDLIFE REFUGE STANDOFF TRIAL
Jury selection begins on irst day of trial
By AMANDA PEACHER
and CONRAD WILSON
Oregon Public Broadcasting
The federal trial for seven of the
occupiers of the Malheur National
Wildlife Refuge began Wednesday
in Portland. A handful of occu-
pation supporters and opponents
showed up to watch the irst-day
proceedings, which were focused
on jury selection.
U.S. District Court Judge Anna
Brown welcomed 31 potential
jurors into the courtroom saying
the jury process has worked for
hundreds of years because “people
come with common sense and
experience.” Brown stressed to the
potential jurors that the defendants
were presumed innocent, and the
burden was on the government to
prove the cases beyond a reason-
able doubt. She also said the case
could last nine weeks or longer.
Brown also reviewed the
charges with jurors. Federal
prosecutors say the defendants
— including Ammon Bundy, the
leader of the 41-day long occupa-
tion — conspired to impede federal
workers from doing their jobs at
the refuge by force, intimidation
and threats.
Brown asked jurors whether
they had any thoughts about
the Church of Jesus Christ of
Latter-day Saints. Several of the
defendants are members of the
Mormon church.
“I don’t want to offend anyone,”
said a juror, only identiied as Juror
3. “I’m not particularity fond of
that religion in general.”
Another juror, Juror 10, said
he had been afiliated with the
Mormon faith for his entire life.
One by one, Brown also asked
jurors about their exposure to the
case through the media.
“I’m not a news person,” said
Juror 8, who said she was from
Hood River. “I live in world of art.
I could care less what happens in
the rest of the world.”
Juror 17 said she heard news on
the radio about the occupation.
“I feel like I can be impartial,”
she said.
Many jurors said they were
“excited” about potentially serving
as one of the 12 trial jurors or eight
alternate jurors in the case. One
woman said her boss told her the
juror summons was a “golden
ticket.” It was also clear that this
group of potential jurors were from
all over the state: retirees from
Salem, a rancher from Madras and,
of course, people from Portland.
The jurors were of all ages but
mostly white.
The judge is taking input from
prosecutors and defense attorneys,
who are able to email her questions
during jury selection. Four addi-
tional groups of 30 jurors will be
interviewed Thursday and Friday.
Health authority requests
major funding increase
EUGENE (AP) — The Oregon Health
Authority is requesting a more than 50
percent increase in state funding next
year as federal funding sources dry up.
The health authority is asking for
$3.33 billion from the 2017-19 general
fund, up from the $2.14 billion it was
given in the last budget cycle, reported
The Register-Guard.
The authority administers most of
Oregon’s government-funded health
programs, including Medicaid, the
Oregon State Hospital, psychiatric and
drug treatment programs and the public
health division.
The large budget request is meant
to cover costs after two major federal
funding sources end next year.
A ive-year waiver from the federal
government is expiring next year. The
program provided $2 billion to help
Oregon support its Medicaid expansion,
the Oregon Health Plan. Oficials have
applied for an extension but built their
initial budget assuming it won’t come
through.
The federal government is also
shifting some of the cost of the
Affordable Care Act’s Medicaid
expansion to states in 2017. The
government picked up the entire tab in
the irst three years. The policy made
more low-income people eligible for
government-paid health insurance
beginning in 2014.
Under the funding shift, Oregon will
have to pay for 5 percent of the cost of
the expansion in 2017. The state’s share
will then increase every year until 2020,
when it stops at 10 percent.
Security at the courthouse was
tighter than at past proceedings.
Before potential jurors entered
the courtroom, attorney Marcus
Mumford, who’s representing
Ammon Bundy, said the heavy
presence was prejudicial to the
defendants because jurors may
infer there’s a risk caused by the
defendants.
Brown justiied the heavy pres-
ence to Mumford, telling him “our
lives have been threatened.”
Mumford asked if the threats
had come from the defendants or
their associates. Brown said she
didn’t know where they came
from but agreed to ask jurors
whether the police presence at the
courthouse was tainting their view
of the defendants.
“I’m not telling the (U.S.)
Marshals how to do their job,”
Brown said. “They’re required to
protect everyone coming in and
out of this building.”
$1.4B timber lawsuit survives state’s motion to dismiss
Determining how much timber
could have been generated from
each parcel would devolve into
183 mini-trials, he said.
“How can we decide if revenue
has been maximized on a partic-
ular parcel unless you consider all
of those issues?” Kaplan said.
Linn County is also an inade-
quate representative of the other
counties for multiple reasons, he
said.
The litigation costs are
currently being paid for by timber
groups and lumber companies —
the Oregon Forest & Industries
Council, Sustainable Forests Fund,
Stimson Lumber and Hampton
Tree Farms.
Linn County is simply lending
its name to a lawsuit that actually
represents private interests, the
state’s attorneys argue.
“It’s not a public interest case.
It’s a case to beneit one particular
group,” Kaplan said.
Unlike the counties, which
appreciate tourism and other
beneits from uses besides logging,
the timber interests funding the
lawsuit primarily want to change
the state’s “greatest permanent
value” rules for forest management
to emphasize harvesting, he said.
Much of the alleged damages
are for lost future timber revenues,
which may force the state to
change its logging policies, he
said.
By MATEUSZ PERKOWSKI
Capital Bureau
ALBANY, Ore. — A judge
has denied the State of Oregon’s
motions to dismiss a lawsuit by
Linn County that seeks $1.4 billion
over state forest management
practices.
Linn County Circuit Judge
Daniel Murphy also said he’s
inclined to certify the case as
a class action — which would
include other counties in the liti-
gation — though he’s postponed
ruling on that matter.
According to Linn County’s
lawsuit, iled earlier this year,
insuficient logging on state-
owned forestland has cost 15
counties more than $1.4 billion.
The complaint claims the
counties turned over ownership of
forestlands to the state in the early
20th Century with the expectation
that it would maximize timber
revenues, but since 1998, forest
managers have instead prioritized
wildlife habitat, water quality and
recreation values.
More than 650,000 acres were
donated to the state by Benton,
Clackamas, Clatsop, Columbia,
Coos,
Douglas,
Josephine,
Klamath, Lane, Lincoln, Linn,
Marion, Polk, Tillamook and
Washington counties.
In his ruling, Murphy rejected
arguments by the state’s attorneys
EO Media Group ile photo
Linn County is suing the state over how it manages Oregon
Forest Trust Lands. The suit, iled on behalf of 15 counties that
donated timberland to the state, seeks $1.4B in lost revenues.
that he lacks jurisdiction over
the case and that Linn County’s
pleadings were insuficient for the
lawsuit to move forward.
According to the Sept. 6 ruling,
the judge “could only dismiss
this claim now if the court could
ind it impossible for the plaintiff
to prove the claim and thereby
prove that best grazing and forest
management
practices/greatest
permanent value at the time the
contract was entered into included
the maximization of revenue.”
Without “reciting in detail the
court’s reasoning,” Murphy also
held that he believed the lawsuit
meets the requirements for a
class action, but he agreed with
Oregon’s attorneys that ruling on
the issue now would be premature.
If the lawsuit survives further
motions, then it’s “entirely
appropriate and should go forward
promptly” as a class action, he
said.
During a hearing last month,
Scott Kaplan, an attorney for
the state, said the problems in
managing the case as a class action
would be “enormous.”
The counties donated 183
separate parcels to the state, each
of which contains different slopes,
tree types, waterways and feder-
ally protected species, he said.
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REGIONAL CITIES
Forecast
TODAY
FRIDAY
Mostly sunny
Mostly sunny and
pleasant
76° 43°
77° 48°
SATURDAY
Sunny
SUNDAY
Mostly sunny and
cooler
Comfortable with
plenty of sun
PENDLETON TEMPERATURE FORECAST
88° 55°
74° 43°
74° 41°
HERMISTON TEMPERATURE FORECAST
81° 43°
80° 43°
PENDLETON
through 3 p.m. yesterday
TEMPERATURE
HIGH
LOW
75°
81°
100° (1932)
54°
52°
32° (1910)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
0.35"
0.11"
7.74"
5.66"
8.53"
HERMISTON
through 3 p.m. yesterday
TEMPERATURE
Yesterday
Normals
Records
HIGH
LOW
78°
82°
101° (1955)
57°
51°
32° (1929)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
0.41"
0.08"
5.40"
3.43"
6.23"
SUN AND MOON
Sunrise today
Sunset tonight
Moonrise today
Moonset today
First
Full
Sep 9
Sep 16
6:25 a.m.
7:19 p.m.
1:28 p.m.
11:20 p.m.
Last
New
Sep 23
78° 45°
79° 42°
Seattle
70/51
ALMANAC
Yesterday
Normals
Records
89° 58°
Sep 30
Today
MONDAY
Spokane
Wenatchee
71/44
75/49
Tacoma
Moses
71/43
Lake
Pullman
Aberdeen Olympia
Yakima 77/43
69/39
66/48
72/43
80/42
Longview
Kennewick Walla Walla
71/48
77/49 Lewiston
81/44
Astoria
77/47
69/51
Portland
Enterprise
Hermiston
74/50
Pendleton 70/38
The Dalles 81/43
76/43
79/49
La Grande
Salem
73/36
77/48
Albany
Corvallis 78/48
79/45
John Day
76/42
Ontario
Eugene
Bend
81/48
79/44
76/41
Caldwell
Burns
79/44
76/30
Astoria
Baker City
Bend
Brookings
Burns
Enterprise
Eugene
Heppner
Hermiston
John Day
Klamath Falls
La Grande
Meacham
Medford
Newport
North Bend
Ontario
Pasco
Pendleton
Portland
Redmond
Salem
Spokane
Ukiah
Vancouver
Walla Walla
Yakima
Hi
69
74
76
71
76
70
79
74
81
76
80
73
70
88
63
68
81
80
76
74
78
77
71
70
72
77
80
Lo
51
30
41
52
30
38
44
38
43
42
38
36
33
51
47
50
48
44
43
50
34
48
44
35
47
49
42
W
pc
pc
s
pc
s
pc
pc
s
s
s
s
pc
pc
s
pc
pc
s
s
s
pc
s
pc
pc
s
pc
pc
s
Hi
74
74
77
73
76
73
84
76
80
80
83
75
72
94
65
68
79
78
77
81
80
83
73
74
81
78
79
Today
Beijing
Hong Kong
Jerusalem
London
Mexico City
Moscow
Paris
Rome
Seoul
Sydney
Tokyo
(in mph)
Klamath Falls
80/38
Boardman
Pendleton
Lo
54
30
42
52
32
40
47
41
43
48
38
36
36
52
49
51
43
44
48
54
37
52
48
38
51
53
44
W
pc
s
s
pc
s
s
pc
s
s
s
s
s
s
s
pc
pc
s
s
s
pc
s
pc
s
s
pc
s
pc
Lo
61
81
67
60
49
50
52
64
65
58
75
W
s
t
s
s
pc
pc
s
t
pc
s
sh
Fri.
Hi
90
88
86
72
74
59
76
83
81
74
88
Lo
65
80
69
62
51
46
55
66
65
57
75
W
pc
sh
s
pc
pc
c
s
t
s
pc
pc
REGIONAL FORECAST
Coastal Oregon: Clouds breaking for some
sun today; a shower in spots across the
north.
Eastern and Central Oregon: Mostly sunny
and nice today. Clear tonight. Sunny and
nice tomorrow.
Western Washington: Clouds breaking for
some sun today, except mostly cloudy at
the coast.
Eastern Washington: Partly sunny today.
Clear tonight.
Cascades: Mostly sunny today; pleasant.
Clear tonight, but partly cloudy across the
north.
Northern California: Partly sunny at the
coast today; sunny elsewhere.
Today
Friday
WSW 6-12
WSW 8-16
VAR 3-6
NW 3-6
UV INDEX TODAY
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
1
3
5
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COMMERCIAL PRINTING
Production Manager: Mike Jensen
541-215-0824 • mjensen@eastoregonian.com
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
WINDS
Medford
88/51
Corrections
The East Oregonian works hard to
be accurate and sincerely regrets any
errors. If you notice a mistake in the
paper, please call 541-966-0818.
NATIONAL WEATHER TODAY
Fri.
WORLD CITIES
Hi
89
86
83
74
75
63
78
80
81
73
85
SALEM (AP) — The Oregon Board
of Forestry has selected a new State
Forester.
Peter Daugherty currently heads the
Oregon Department of Forestry’s private
forests division.
He will replace outgoing State
Forester Doug Decker, who retires next
month at the end of the wildire season.
Daugherty will be the state’s 13th
State Forester since the agency was
created in 1911.
The Board of Forestry is made up of
seven appointees who set management
direction for state-owned forests, adopt
rules governing timber harvest on private
forestland and promote sustainable
management of Oregon’s 30 million
acres of forest.
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541-278-2683 • ajacobs@eastoregonian.com
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541-564-4531 • jjewett@eastoregonian.com
• Chris McClellan
541-966-0827 • cmcclellan@eastoregonian.com
• Stephanie Newsom
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• Audra Workman
541-564-4538 • aworkman@eastoregonian.com
Subscriber services:
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— Founded Oct. 16, 1875 —
Oregon Board of Forestry
names new State Forester
1
8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m.
0-2, Low
3-5, Moderate 6-7, High;
8-10, Very High;
11+, Extreme
The higher the AccuWeather.com UV Index™ num-
ber, the greater the need for eye and skin protection.
Forecasts and graphics provided by
AccuWeather, Inc. ©2016
-10s
-0s
showers t-storms
0s
10s
rain
20s
flurries
30s
40s
snow
ice
50s
60s
cold front
70s
80s
90s
100s
warm front stationary front
110s
high
low
National Summary: Heavy and gusty thunderstorms will stretch from Maine to Kansas
today. Showers and storms will dot parts of Florida, Louisiana, Texas, New Mexico and
Montana. Most other areas will be dry.
Yesterday’s National Extremes: (for the 48 contiguous states)
High 102° in Imperial, Calif.
Low 25° in Bodie State Park, Calif.
NATIONAL CITIES
Today
Albuquerque
Atlanta
Atlantic City
Baltimore
Billings
Birmingham
Boise
Boston
Charleston, SC
Charleston, WV
Chicago
Cleveland
Dallas
Denver
Detroit
El Paso
Fairbanks
Fargo
Honolulu
Houston
Indianapolis
Jacksonville
Kansas City
Las Vegas
Little Rock
Los Angeles
Hi
85
94
86
95
74
93
76
79
94
92
85
90
97
88
86
85
57
75
86
92
85
92
87
100
96
78
Lo
59
71
76
74
46
71
46
70
70
70
66
69
77
52
65
67
34
54
73
75
72
64
71
76
78
63
W
t
s
s
s
pc
s
s
pc
s
pc
pc
t
pc
pc
c
pc
s
pc
pc
t
t
s
t
s
pc
pc
Fri.
Hi
88
93
88
91
67
94
76
88
94
86
83
85
95
75
82
91
58
71
86
87
81
93
86
100
94
78
Lo
58
71
73
71
45
71
49
67
70
70
68
71
75
45
68
69
36
51
75
74
72
68
59
77
76
62
Today
W
pc
s
pc
pc
pc
s
s
pc
s
pc
c
pc
pc
s
pc
pc
s
pc
pc
t
t
s
t
s
pc
pc
Louisville
Memphis
Miami
Milwaukee
Minneapolis
Nashville
New Orleans
New York City
Oklahoma City
Omaha
Philadelphia
Phoenix
Portland, ME
Providence
Raleigh
Rapid City
Reno
Sacramento
St. Louis
Salt Lake City
San Diego
San Francisco
Seattle
Tucson
Washington, DC
Wichita
Hi
91
94
89
84
76
94
91
90
92
82
94
97
75
84
95
81
89
89
88
83
74
73
70
86
96
86
Lo
76
77
77
64
61
73
77
77
74
69
79
78
63
71
72
49
53
56
75
56
65
56
51
70
78
72
W
pc
pc
s
pc
s
pc
t
s
pc
pc
s
pc
c
pc
s
s
s
s
t
s
pc
pc
pc
pc
s
t
Fri.
Hi
87
94
89
81
75
93
90
90
93
79
93
102
85
89
95
66
88
92
87
78
75
71
75
94
94
89
Lo
74
75
77
66
55
72
78
73
66
56
76
79
59
65
72
42
54
57
71
51
66
56
53
71
76
61
Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain,
sf-snow flurries, sn-snow, i-ice.
W
t
s
t
c
t
s
t
pc
t
r
pc
s
pc
pc
s
pc
s
s
t
s
pc
pc
pc
s
pc
pc