Image provided by: University of Oregon Libraries; Eugene, OR
About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Dec. 23, 2016)
WEATHER East Oregonian Page 2A REGIONAL CITIES Forecast SATURDAY TODAY SUNDAY Intermittent snow, can be mixed Snow at times; 2-4" total 33° 28° 32° 24° MONDAY Clouds, sokme sun; cold Mostly cloudy with a little snow PENDLETON TEMPERATURE FORECAST 30° 14° 29° 23° 40° 29° HERMISTON TEMPERATURE FORECAST 35° 22° 34° 29° PENDLETON through 3 p.m. yesterday TEMPERATURE HIGH LOW 35° 24° 39° 25° 68° (1933) -15° (1983) 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" 1.49" 1.10" 12.79" 10.07" 12.61" HERMISTON through 3 p.m. yesterday LOW John Day 37/26 Ontario 27/25 Bend 36/18 30° 17° 38° 27° 70° (1933) -13° (1983) Burns 31/20 0.00" 1.11" 1.07" 9.01" 7.16" 9.57" SUN AND MOON Sunrise today Sunset tonight Moonrise today Moonset today New First Jan 5 Full Jan 12 7:34 a.m. 4:15 p.m. 2:04 a.m. 1:18 p.m. Last Jan 19 Caldwell 31/28 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 45 23 36 48 31 31 43 36 34 37 39 31 29 42 45 48 27 35 33 42 38 43 33 34 42 36 35 Lo 36 21 18 36 20 22 32 27 29 26 19 26 24 30 35 36 25 25 28 33 17 32 27 23 34 26 23 W r sn sn sh sn sn r sn sn sn sn sn sn r r r sn sn sn r sn r sn sn r sn sn NATIONAL WEATHER TODAY Sat. Hi 45 26 30 46 27 27 41 31 35 29 31 30 28 40 44 47 33 35 32 41 31 42 33 28 40 33 34 Lo 32 10 8 33 8 15 28 19 22 19 13 19 19 23 35 35 15 22 24 32 5 30 18 16 33 23 15 Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. W c sn pc pc sn sn sh sf sf c pc sn sn pc sh c sn c sn c pc c sn sn c sn pc WORLD CITIES Today Beijing Hong Kong Jerusalem London Mexico City Moscow Paris Rome Seoul Sydney Tokyo Hi 38 72 56 53 72 28 47 58 33 79 66 Lo 20 65 40 40 46 25 42 37 21 68 45 W s c c c s sn c s sf pc pc Sat. Hi 38 70 53 50 74 32 50 58 37 82 53 Lo 24 67 40 48 47 26 42 39 23 69 40 W pc c s pc s c c pc s t s WINDS Medford 42/30 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 Dec 28 Albany 43/33 Eugene 43/32 TEMPERATURE Yesterday Normals Records 42° 31° Spokane Wenatchee 33/27 31/22 Tacoma Moses 40/32 Lake Pullman Aberdeen Olympia Yakima 33/26 32/26 43/31 40/30 35/23 Longview Kennewick Walla Walla 41/32 36/26 Lewiston 35/28 Astoria 34/27 45/36 Portland Enterprise Hermiston 42/33 Pendleton 31/22 The Dalles 34/29 33/28 34/26 La Grande Salem 31/26 43/32 Corvallis 43/33 HIGH 28° 21° Seattle 41/35 ALMANAC Yesterday Normals Records 31° 16° Today TUESDAY Cold; clouds and sun Friday, December 23, 2016 Klamath Falls 39/19 (in mph) Today Saturday Boardman Pendleton NNE 4-8 NE 4-8 WSW 4-8 W 6-12 UV INDEX TODAY Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. REGIONAL FORECAST Coastal Oregon: Rain at times today; chilly in the south. A couple of showers tonight. Eastern and Central Oregon: Snow today, 1-3 inches in south, central parts, the upper Treasure Valley and the Cascades and up to an inch across the north. Western Washington: Periods of rain today. Times of clouds and sun; cloudy across the south. Eastern Washington: Snow today, 1-2 inches in north, central parts, near the Idaho border, and in the mountains, up to an inch in the south and Cascades. Cascades: Snowy today, accumulating 2-4 inches. A little snow at times tonight. 0 0 0 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 Didn’t receive your paper? Call 1-800-522-0255 before noon Tuesday through Friday or before 10 a.m. Saturday for same-day redelivery www.eastoregonian.com To subscribe, call 1-800-522-0255 or go online to www.eastoregonian.com and click on ‘Subscribe’ East Oregonian (USPS 164-980) is published daily except Sunday, Monday and Dec. 25, by the EO Media Group, 211 S.E. Byers Ave. Pendleton, OR 97801. Periodicals postage paid at Pendleton, OR. Postmaster: send address changes to East Oregonian, 211 S.E. Byers Ave. Pendleton, OR 97801. 0 0-2, Low 3-5, Moderate 6-7, High; 8-10, Very High; 11+, Extreme Subscriber services: For home delivery, vacation stops or delivery concerns: 1-800-522-0255 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 Office hours: Monday through Friday, 8 a.m. to 5 p.m. Closed major holidays 0 8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m. Northern California: Showers today; heavy snow, accumulating 3-6 inches in the interior mountains. — Founded Oct. 16, 1875 — 0 SUBSCRIPTION RATES Local home delivery Savings off cover price EZPay $14.50 41 percent 52 weeks $173.67 41 percent 26 weeks $91.86 38 percent 13 weeks $47.77 36 percent *EZ Pay = one-year rate with a monthly credit or debit card/check charge Single copy price: $1 Tuesday through Friday, $1.50 Saturday Copyright © 2016, EO Media Group PORTLAND — The Oregon Supreme Court on Thursday said a lower court must reconsider whether a woman convicted of aggravated murder deserves a new trial because of police reports that were only received by her attorneys nearly two decades after the crime. The decision sends Karlyn Eklof’s appeal back to a post-conviction trial court, which had earlier dismissed her request based on the new evidence she believes would have helped the attorney who previously represented her discredit two of the key witnesses who testified against her. Eklof was sentenced to life in prison for the 1993 murder of James Salmu, a boat builder from Spring- field. She confessed to police, but now says it was a false confession, said her new attorney, Jason Weber. The case now goes to a Washington County court which will hold a trial to decide whether the evidence in question could have made a difference in the outcome of the case. If the evidence is found to be pertinent, Eklof could then get a new criminal trial in Lane County, where the crime occurred, Weber said. Salmu had taken in Eklof, who was homeless, and her three children. But Eklof and her then-boyfriend, Jeffrey “Jethro” Tiner, got into a fight with Salmu after a pizza party on March 21, 1993. That was the last night Salmu was seen alive. Salmu’s body was found almost two years later by a mushroom picker in woods about 50 miles east of Springfield. John Distabile, who was at the party and witnessed ‘Bystander’ death lawsuit to proceed PORTLAND (AP) — The Oregon Supreme Court on Thursday allowed a lawsuit to proceed that was filed on behalf of two boys who witnessed their younger brother hit and killed by a pickup truck five years ago. The decision was a reversal of two lower court rulings that injured bystanders could not recover damages for emotional distress after seeing a loved one harmed because of negligence. The lawsuit filed by Stacie Philibert now goes back to the Jefferson County Circuit Court for consid- eration. Her 7-year-old son Austin was killed on Aug. 18, 2011 after being hit at a crosswalk in downtown Madras. Philibert sued the driver, claiming Austin’s two older brothers suffered emotional harm because they saw Austin die. The opinion written by Chief Justice Thomas Balmer said the lower courts rejected the lawsuit by applying a legal concept called the “impact test” which required those seeking compensation for emotional distress to have also suffered a physical injury. The Supreme Court applied a legal concept known as “the restatement rule” in which the witnesses to the death must have seen a sudden and serious injury, suffered serious emotional distress and be close rela- tives of the victim. Balmer wrote that the justices are aware some aspects of the restatement rule may seem arbitrary and could prompt false or inflated claims. “For as long as courts have awarded damages for emotional injuries, there have been concerns about plaintiffs bringing false claims,” the opinion said. “Juries are charged with discerning truth from self- serving fiction when plaintiffs testify about their own injuries and are as competent to do this in claims for emotional injuries as they are in other cases.” the fight, later told police he thought Tiner was angry because he suspected Salmu had slept with Eklof. Court documents and police reports from the original prosecution indi- cate that police interviewed Distabile over the course of months and gave him multiple lie detector tests. Distabile originally said he didn’t know anything about Salmu’s death, but eventually told investigators he saw Tiner punch Salmu and threaten him with a handgun. Distabile told police he left the party while Salmu was still alive but thought that “something terrible was going to happen to him,” according to court documents and 1994 police reports. He was asked on lie detector tests if he had helped dispose of Salmu’s body; he denied it and was never charged in connection with the case. Distabile declined to -0s showers t-storms 0s 10s rain comment when reached by phone Thursday by The Associated Press. “I don’t want to get involved in that again. No comment, no,” he said, before hanging up. Those police reports, however, were never given to Eklof’s defense at the original trial, said Weber. Instead, an attorney working on Tiner’s post-conviction appeal in 2012 stumbled on the old exhibits and sent them to Eklof’s new attorney. “The evidence that we’re talking about is not like these tiny, slight inconsistencies. It’s literally the police interviewing (Distabile) over the course of months and threatening to charge him in connection with the murder — and they don’t disclose any of that,” Weber told the AP in a phone interview Thursday. Eklof also learned that another witness against her, Jeffrey Tiner’s brother, had a criminal record that could have been used to discredit him in the eyes of the jury, the Thursday decision notes. Prosecutors argued in court papers that Eklof’s appeal had no standing because she didn’t raise the issue within two years of her original conviction. She also did not raise it in her first post-conviction appeal. Erik Hasselman, chief deputy district attorney in Lane County, said he had not reviewed the opinion yet and could not comment. He said any implications of prosecutorial misconduct in the original trial were unfounded. Prosecutors in Lane County did not return a call seeking comment Thursday. Weber said it would have been impossible for Eklof to raise the issue earlier than 2012 because she did not know the police reports on Distabile existed. 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. 20s flurries 30s 40s snow ice 50s 60s cold front 70s 80s 90s 100s warm front stationary front 110s high low National Summary: A storm will bring spotty snow and ice to parts of the central Plains and the Upper Midwest today with rain farther south. A new storm will spread rain and mountain snow southward from Oregon to California. Yesterday’s National Extremes: (for the 48 contiguous states) High 85° in McAllen, Texas Low -22° in West Yellowstone, Mont. 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 51 55 47 47 30 60 32 43 62 51 35 41 55 48 35 61 -8 36 81 75 38 70 40 55 50 61 Lo 32 44 39 36 16 51 28 34 49 40 31 36 51 31 30 39 -20 17 71 64 35 54 28 47 48 50 W pc s s s pc pc sn s s pc sn c sh pc pc pc sn pc pc c c s i s r r Sat. Hi 53 67 51 49 22 69 34 45 72 51 35 41 72 48 37 67 0 27 81 76 43 78 45 49 59 57 Lo 28 49 37 32 10 53 18 32 51 43 29 32 62 30 25 43 -9 26 70 65 36 56 40 36 53 40 Today W pc c r r sn c sn r pc r c r c s c s c sf pc c c pc c sh r 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 46 57 82 36 35 56 70 46 48 39 45 65 39 45 55 37 50 51 42 44 64 54 41 65 48 47 Lo 42 54 72 30 25 50 59 39 37 18 37 52 25 33 38 17 28 35 37 37 53 43 35 47 41 25 W c c pc sn sn pc pc s sh sn s pc s s s pc r r r sn pc r sh pc pc c Sat. Hi 51 64 84 35 33 56 74 47 62 41 48 59 40 47 55 33 36 50 48 41 59 52 40 65 50 51 Lo 46 58 74 29 28 54 61 36 52 34 33 40 26 31 43 13 14 31 41 25 46 39 31 39 35 44 W r r pc c c r pc r c c r r sn r c c sf pc c r r pc c sh r c Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice. Advertising Director: Marissa Williams 541-278-2669 • addirector@eastoregonian.com Advertising Services: Laura Jensen 541-966-0806 • ljensen@eastoregonian.com Multimedia Consultants: • Terri Briggs 541-278-2678 • tbriggs@eastoregonian.com • Elizabeth Freemantle 541-278-2683 • efreemantle@eastoregonian.com • Jeanne Jewett 541-564-4531 • jjewett@eastoregonian.com • Chris McClellan 541-966-0827 • cmcclellan@eastoregonian.com • Stephanie Newsom 541-278-2687 • snewsom@eastoregonian.com • Dayle Stinson 541-278-2670 • dstinson@eastoregonian.com • Audra Workman 541-564-4538 • aworkman@eastoregonian.com Oregon high court sends 1993 murder back to lower court By GILLIAN FLACCUS Associated Press -10s Classified & Legal Advertising 1-800-962-2819 or 541-278-2678 classifieds@eastoregonian.com or legals@eastoregonian.com NEWS • To submit news tips and press releases: • call 541-966-0818 • fax 541-276-8314 • email news@eastoregonian.com • To submit community events, calendar items and Your EO News: email community@eastoregonian.com or call Tammy Malgesini at 541-564-4539 or Renee Struthers in at 541-966-0818. • To submit engagements, weddings and anniversaries: email rstruthers@eastoregonian.com or visit www.eastoregonian. com/community/announcements • To submit a Letter to the Editor: mail to Managing Editor Daniel Wattenburger, 211 S.E. Byers Ave. Pendleton, OR 97801 or email editor@eastoregonian.com. • To submit sports or outdoors information or tips: 541-966-0838 • sports@eastoregonian.com COMMERCIAL PRINTING Production Manager: Mike Jensen 541-215-0824 • mjensen@eastoregonian.com Federal government expands database access for tribes By MARTHA BELLISLE Associated Press SEATTLE — The federal government is expanding a program that allows Amer- ican Indian tribes to access national criminal databases and fix a system that allowed a man to buy a gun that was later used by his son to kill four classmates and himself at a Washington high school. The Tribal Access Program, launched last year, lets tribes enter and search for records in the National Crime Information Data- base, used when someone tries to buy a firearm. The Justice Department chose 10 tribes, including two from Washington state, to partic- ipate in the initial phase of the program and announced this week that it has added 11 tribes to that list. The Tulalip Tribe didn’t have access to the database, so a domestic violence protection order against Raymond Fryberg was never entered and he was able pass a background check and purchase a gun that was later used by his son, Jaylen, to kill four classmates and himself at the Marys- ville-Pilchuck High School in October 2014. Washington state’s U.S. Attorney Annette Hayes said gaps in data-sharing had tragic consequences. The FBI oversees a justice information services system in all 50 states. The system includes the National Crime Information Center, used by law enforcement to get data on stolen property, wanted people and sex offenders, and the National Instant Criminal Background Check System, used by Federal Firearms Licensees during gun purchases. Before the new program, the systems were available to federal, state and local law enforcement but not to all tribes. Tulalip Chairman Melvin Sheldon Jr. said TAP will empower tribal law enforce- ment agencies nationwide by giving them the tools they have sought for years to protect their communities. In addition to using the database during firearms purchases, it’s used for back- ground checks when placing children with a foster parent. Deputy Attorney General Sally Yates said the “land- mark effort” strengthens both the sovereignty and safety of American and Alaska Native people. “Since its launch in 2015, this project has not only helped law enforcement locate suspects, rescue victims and extradite captured fugitives, but it’s also made it easier for civil courts to enter and enforce orders of protection for domestic violence victims,” Deputy Attorney General Sally Yates said in a state- ment. During 2016, the tribes received a kiosk workstation that gave them access to national systems. The tribes used the program for variety of crim- inal agencies, including law enforcement, criminal courts and jails. It lets tribes enter arrests and convictions into national databases. Tribal civil agencies also used the program. Agencies that took advantage of the new access included those whose staff and volunteers have contact with or control over Indian children; public housing agencies; child support enforcement agen- cies; Head Start programs; civil agencies that investigate allegations of abuse, neglect and exploitation of children; civil courts that issue orders of protection, restraining orders or other keep away orders; and sex offender registration programs. The program helps tribes register sex offenders and have protection orders enforced off the reservations. December 26 th Saager’s Shoe Shop Up to 50% Off Milton-Freewater, OR
