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
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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
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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
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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.
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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
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i
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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
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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
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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
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Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain,
sf-snow flurries, sn-snow, i-ice.
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Oregon high court sends 1993
murder back to lower court
By GILLIAN FLACCUS
Associated Press
-10s
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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
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