REGION
Saturday, March 31, 2018
State commission approves
Kitzhaber ethics settlement
By PARIS ACHEN
Capital Bureau
SALEM — The Oregon
Government
Ethics
Commission voted unani-
mously Friday to accept a
settlement that fines former
Gov. John Kitzhaber $20,000
for misusing his office and
for conflicts of interest
related to his fiancée, Cylvia
Hayes’ consulting firm.
The settlement — less
than half of the maximum
$50,000 for the violations
— ends three years of inves-
tigations and media attention
on an influence-peddling
scandal that prompted
the governor to resign in
February 2015.
“I say this is a bright day
for the state because this is
a state where we will show
the people of Oregon and
public officials that ethics
laws do mean something. It
will enhance their trust in
government. I think that’s
very good,” said Commis-
sion Vice Chair Richard
Paris Achen/Capital Bureau
Left to right at table, attorney Janet Hoffman and for-
mer Gov. John Kitzhaber wait for a decision by the Or-
egon Government Ethics Commission on a proposed
$20,000 settlement of ethics complaints against the
former governor, during a meeting in Salem Friday.
Burke.
In February the commis-
sion made preliminary
findings that Kitzhaber had
violated ethics laws on at
least 10 instances while he
was governor between 2011
and 2013.
He violated a law
prohibiting use of his office
for personal financial gain
at least twice when he took
actions that benefited Hayes’
environmental consulting
firm, 3E Strategies, inves-
tigators wrote in the report.
Hayes served as first lady
and lived in the governor’s
residence in Salem with
Kitzhaber.
She acted as an adviser to
the governor on issues she
was being paid for in her
private consulting work. As
an adviser, she was subject
to state ethics law.
Meanwhile, her earnings
from clients who sought to
influence
environmental
policy in the state were
counted as part of the
couple’s household income
in mandatory statements of
economic interest.
“The commission made
no finding that former
Governor Kitzhaber inten-
tionally used his position
as governor to advance the
financial interests of Ms.
Hayes or 3E Strategies,”
states the proposed stipu-
lated final order, released
Wednesday, March 28.
“Such intent is not a neces-
sary element.”
Judge rules HB 3078 unconstitutional
By JAYATI
RAMAKRISHNAN
East Oregonian
A Umatilla County court
ruled Friday that House Bill
3078 is unconstitutional, but
still assigned an amended
sentence to the Hermiston
defendant in the case.
Cesar Macias Delatorre,
21, a Hermiston man, was
arrested in October of 2017
for charges of unlawful
possession of a firearm,
two counts of first-degree
theft and carrying concealed
weapons. He was also
arrested on warrants for
probation violation and
failure to appear.
Judge Dan Hill deter-
mined that the state law,
which reduces the sentence
for those accused of identity
theft or first-degree theft,
should not have passed
through the legislature
because it was not approved
by a two-thirds majority,
as stipulated in the Oregon
Constitution.
The state asked for a four-
year sentence for Delatorre
while the defense asked for
13 months — which is what
the law’s reduced sentencing
would require. Hill ruled
that while the bill is uncon-
stitutional,
Delatorre’s
circumstances and age
warranted a shorter sentence,
and assigned him three years
in prison with a year of post-
prison supervision.
Deputy District Attorney
Craig Russell said the ruling
now applies to all first-de-
gree theft cases in Umatilla
County. But defense attor-
neys may appeal the ruling.
“Depending on how
those appeals go, there may
be a lot of re-sentencing,” he
said.
Prosecutor
Matthew
Dyal had argued that the bill
should never have left the
Oregon House or Senate,
and shouldn’t have been
signed by the governor
without a supermajority.
He asked that Delatorre be
sentenced to 48 months. He
also asked that Delatorre
pay $190 restitution to one
of his victims. Though all
her stolen property was
recovered, Dyal said she had
to have some of the items
appraised, which cost $190.
Noting recent efforts by
the Oregon Legislature to
reduce prison populations,
Dyal cited a Clackamas
County ruling that found the
law unconstitutional.
“Saving money is a great
motivator, but saving money
does not and cannot trump
the Constitution,” he said.
Delatorre’s
defense
attorney Travis O’Neal
did not comment on the
constitutionality of the law,
but after Hill’s ruling on
it, asked that his client be
sentenced to 24 months in
jail, as well as a year of post-
prison supervision. He asked
Hill to merge the two counts
of first-degree theft, which
Hill did.
O’Neal told the judge
that Delatorre had faced
some problems in his youth,
including homelessness and
drug abuse. He said that
the former was the reason
for one of Delatorre’s prior
burglary convictions. He
said Delatorre had aspira-
tions to improve his life
and go to Blue Mountain
Community College.
Delatorre also addressed
the judge, apologizing to the
victims of his crimes.
“I want to let the court
know I plan on taking this
prison time to better myself,”
he said.
Sex-crime defendant pushes for sensitive records review
HERMISTON — Sex
crime defendant Jose Guada-
lupe Sanguino Cancino of
Hermiston continues to push
for an inspection of sensitive
records.
Cancino’s attorney, Mark
C. Cogan of Portland, filed
another motion Thursday
afternoon in Umatilla County
Circuit Court asking the
judge to review documents
the state plans to use at trial,
namely school and medical
records.
The filing came in
response to the letter Circuit
Judge Dan Hill sent March
23 to Cogan and Umatilla
County
deputy
district
attorney Jaclyn Jenkins
regarding Cogan’s previous
request for the review.
“I have concerns that
there is a request for the court
to approve an [sic] series of
subpoenas that are not based
in any reasonable known
need for the material, that
meaning it is merely being
used as a discovery device
and thus a ‘fishing expedi-
tion,’ and or also merely for
impeachment,” Hill wrote.
The judge also stated
he would give Cogan the
opportunity to make his case
for need of the record review.
Cogan in Thursday’s motion
contended this the inspec-
tion would not merely be a
“discovery device” but vital
to the issues at the trial.
Cancino, 36, faces eight
counts of first-degree sexual
abuse, one each of second-
and third-degree sexual abuse
and incest, and two counts
each of first-degree sodomy
and first-degree rape. The
state has alleged Cancino
committed the crimes against
one girl in 2005-2006 and
against another starting in
2010 when she was younger
than 12. Hermiston police
has stated there could be
more victims.
Hill set a hearing Monday
morning in Hermiston to hear
the arguments on the matter.
Cancino remains free on bail.
East Oregonian
BRIEFLY
Boardman man sentenced to 18 years
for sex crimes against children
BOARDMAN — Kenneth James Sicard of Boardman
is serving 18 years in prison for sexually assaulting two
children.
The Morrow County District Attorney’s office last
August charged Sicard, 57, with multiple sex crimes.
District Attorney Justin Nelson said the victims were
between 8 and 12 years old.
Court records show Sicard on March 16 pleaded no
contest to second-degree rape, second-degree sodomy
and first-degree sexual abuse. In exchange, the state
dismissed eight other charges.
Circuit Judge Christopher Brauer sentenced Sicard to
18 years, nine months in all — six years, three months
for each crime. The offenses fall under Oregon’s manda-
tory minimum sentencing law, so while Sicard receives
credit for the time he was in jail, he will not receive an
early release from state prison.
Court records say Sicard was subject to 22 previous
criminal prosecutions in Oregon, most in Morrow
County.
Pilot Rock to appoint signers
for lagoon construction account
PILOT ROCK — The Pilot Rock City Council votes
Tuesday night to authorize who can sign on a construc-
tion account for the new sewer treatment lagoons.
City staff recommend new financial officer Teri Bacus
and Mayor Virginia Carnes are the signers on the account
at Umqua Bank. Designating the signers meets state and
federal loan agreement requirements.
The city also is seeking a sixth resident to serve on the
budget committee, which has its first meeting April 11.
And the city reported the U.S. Department of Agri-
culture, which is loaning the city about $4 million for
the lagoon project, completed a civil rights compliance
review on March 27. The review suggested the city
should install an actuator to help open the heavy door to
city hall and use Oregon Relay Services to aid the deaf at
city council meetings.
The Pilot Rock City Council meets Tuesday at 7 p.m.
at council chambers in city hall.
Public can give input on new
service area to help older adults
PENDLETON — Oregon’s Aging and People with
Disabilities program announced a series of public
meetings to seek input on the creation of the Eastern
Oregon service area for the Area Agency on Aging.
The state designated the Community Action Program
of East Central Oregon as the new AAA to serve Hood
River, Wasco, Sherman, Gilliam and Wheeler counties.
CAPECO already administers the program in Umatilla
and Morrow counties. The Area Agency on Aging, under
the federal Older Americans Act, offers services to help
older adults remain in their homes.
The process of designating a new service area requires
public meetings in the area. The Aging and People with
Disabilities program will hold the following meetings:
•Wasco County — Tuesday at 1 p.m. at the Mid-Co-
lumbia Senior Center, 1112 W. Ninth St., The Dalles;
•Sherman County — Wednesday at noon at the
Sherman County Senior & Community Center, 300
Dewey St., Moro;
•Wheeler County — Thursday at 1 p.m. at the Fossil
Senior Meal Site, Wheeler County Fairgrounds, 702
Third St., Fossil;
•Gilliam County — Friday at noon at the United
Church of Christ Condon Senior Meal Site, 110 S.
Church St. Condon;
•Hood River County — April 6, at 1 p.m. at the Hood
River Valley Adult Center, 2010 Sterling Place, Hood
River;
•Umatilla County — April 10 at noon at the
Milton-Freewater Senior Center, 311 N. Main,
Milton-Freewater;
•Morrow County — April 11 at noon at St. Patrick’s
Senior Center, 182 N. Main, Heppner.
The meeting locations are accessible to people with
disabilities. For questions about accessibility, to request
an accommodation or to get more information about the
meetings, contact Aging and People with Disabilities
program analyst Debbie McCuin at 541-301-1672 or
debbie.mccuin@state.or.us.
The state also advised to make requests at least 48
hours before the meeting.
66th Annual
Pendleton
Lions
Radio
Auction
OREGON
HUNTERS
ASSOCIATION
HUNTER’S RIGHTS • HUNTABLE WILDLIFE • HABITAT
3/30 - 4/1
4/2 - 3
Cineplex Show Times
Cineplex Show Times
$5 Classic Movie • 4/4 • 12:00 PM
$5 Classic Movie • 4/4 • 12:00 PM
Double Indemnity
Ready Player One (PG13)
1:00* 7:00 • 3D 4:00 10:00
Double Indemnity
Ready Player One (PG13)
7:00 • 3D 4:00 10:00
Sherlock Gnomes (PG)
12:00* 4:30 6:40 • 3D 2:00* 9:20
Sherlock Gnomes (PG)
4:30 6:40 • 3D 9:20
Pacific Rim: Uprising (PG13)
11:50* 2:20* 4:50 7:20 9:50
Pacific Rim: Uprising (PG13)
4:50 7:20 9:50
Tomb Raider (PG13)
1:30* 4:10 6:50 9:30
Tomb Raider (PG13)
4:10 6:50 9:30
A Wrinkle In Time (PG)
11:40* 2:10* 4:40 7:10 9:40
A Wrinkle In Time (PG)
4:40 7:10 9:40
* Matinee Pricing
* Matinee Pricing
wildhorseresort.com • 541-966-1850
wildhorseresort.com • 541-966-1850
Pendleton, OR I-84 - Exit 216
Pendleton, OR I-84 - Exit 216
Page 3A
10TH
ANNUAL
OHA
BANQUET
Tuesday April 3rd
7:00 to 11:00 PM
KUMA 1290 AM
KUMA 96.5 FM
541-276-1511
To view items up for auction,
pre-register or bid on-line, visit
www.pendletonlionsclub.org
Raffles, Wall of Guns
Student
Job Fair
April 7th 5pm
at the Convention
Center
MONEY RAISED BY OUR
BANQUET STAYS IN OREGON!
Columbia Basin Chapter Supported the Following
Events and many others:
• Youth Bow Hunt
• Coyote Predation Management
• OHA/ODFW Pheasant Hunt
and Skeet Shoot
& Guest Speaker Event
Come promote your business and job openings.
Let’s create a homegrown workforce by
letting youth know about career opportunities
available right here in Eastern Oregon.
Pendleton High School Gold Gym
April 11 • 8 am to 12 noon
No charge to participate. Registration is necessary to have a table.
Let us know you’re coming by email to
susanbower@eobusinesssource.com or call to 541.215.9252