THURSDAY, AUGUST 26, 2021
BAKER CITY HERALD — A3
LOCAL & STATE
Masks to be required at outdoor events
Gov. Kate
Brown cites surge
in COVID-19
cases
By GARY WARNER
Oregon Capital Bureau
Gov. Kate Brown has
expanded a mandatory mask
order to include large outdoor
gatherings as well as indoor
gatherings.
The new rule will go into
effect Friday, Aug. 27 and
includes everyone aged 5 and
over regardless of whether
or not they are vaccinated.
Masks will be required in out-
door public situations. Brown
also is recommending outdoor
masks for private gatherings,
though they are not manda-
tory.
“The delta variant is
spreading fast and wide,
throwing our state into a
level of crisis we have not yet
seen in the pandemic,” Brown
said in a Tuesday afternoon
announcement. “Cases and
hospitalizations are at a
record high.”
The immediate impact will
be on those going to outdoor
sports events, fairs and large
gatherings. The new rule will
be in effect for the Oregon
State Fair in Salem that
begins Aug. 27 and for the
Pendleton Round-Up Sept. 11.
Masks will be required for any
college football game as well.
Oregon’s hospitals continue
to head toward unknown
medical territory as the num-
ber of hospitalized COVID-19
patients hit 937 in a report
Monday, 37 more than Sun-
day. There are 253 COVID-19
patients in intensive care
unit beds, up 22 from the day
before.
The Oregon Health
Authority said Monday that
4,701 new cases were reported
in the state between Friday
and Sunday. The Oregon
Health & Science University
forecast last week that the
highly contagious delta vari-
ant would lead to skyrocketing
case rates that won’t peak
until early next month.
Epidemiologists around the
nation have noted an increase
in infections that cannot be
CHARGES
Shirtcliff noted that while
his ruling on Schaeffer’s
dismissal motion is pending,
Continued from Page A1
the fi rst-degree murder case
Jail on several days, were ac- against Greenwood, 50, is
cessed on Regan’s computer slated to go to trial in early
September.
at the Baker City Police
Shirtcliff has scheduled
Department, according to a
a hearing for Aug. 30 at
forensic investigation.
Suppressing evidence col- 8:30 a.m. at the Courthouse
lected after that date, Baxter to consider other motions not
related to Schaeffer’s motion
argued in court Tuesday,
would be suffi cient “to secure to dismiss the charges or sup-
(Greenwood’s) constitutional press evidence.
rights.”
“Dismissal is a last resort The phone calls
type of remedy,” Baxter said.
Although police can legally
He also has argued, both access and listen to calls that
jail inmates make to friends
in court on Tuesday and in
motions, that were the judge or family, conversations with
to invalidate all evidence that attorneys are protected by
attorney-client privilege.
Regan had handled, from
The fi ve calls that
the beginning of the case,
prompted Schaeffer’s mo-
that would be tantamount
tion to dismiss the charges
to dismissing the charges
since Regan was involved in against Greenwood were
every aspect of the investiga- made to a cellphone number
tion and Baxter could hardly that, according to Schaeffer’s
expect to convict Greenwood motion, was not on the list
without any of that evidence. of numbers that belonged
to attorneys and thus were
Baker City Police Chief
privileged.
Ty Duby said in an Aug. 19
A different cellphone for
interview with the Baker
Schaeffer, and his offi ce num-
City Herald that he put Re-
ber, were on that list, accord-
gan on paid administrative
leave after receiving a report ing to his motion.
According to testimony
from the forensic investiga-
during Tuesday’s hearing
tion conducted by Special
and written motions fi led by
Agent Mark Williamson of
both Schaeffer and Baxter,
the Oregon Department of
the issue of police possibly
Justice earlier in August.
Williamson examined three listening to privileged phone
police department computers, calls between Greenwood and
Schaeffer arose in November
including Regan’s, for evi-
dence that they were used to 2020.
That was about 10 months
access and play the recorded
after Greenwood was arrested
phone calls.
and accused of fatally shooting
“We’re cooperating with
the investigation,” Duby said. his former girlfriend, Angela
Michelle Parrish, 30, of Vale,
He declined to comment
on Jan. 13, 2020. Police found
further.
Baxter said during Tues- Parrish’s body in a building
just north of H Street in Baker
day’s hearing that Regan
City, on property that previ-
is being investigated for
ously was owned by the New
possible criminal charges of
Tribes Mission, south of the
offi cial misconduct.
Powder River Correctional
The Herald left a mes-
Facility.
sage with Regan’s attorney,
In an Aug. 17, 2021, mo-
Dan Thenell of Portland, but
had not received a response tion, Baxter wrote that Schaef-
fer and his legal assistant
by press time Wednesday
contacted the Baker County
afternoon.
Jail staff in November 2020
At the end of Tuesday’s
because Greenwood was con-
hearing, Shirtcliff said he
would take the matter “under cerned about police listening
advisement” and issue a writ- to his privileged phone calls.
Sheriff Travis Ash, the fi rst
ten opinion “so my decision is
of eight witnesses whom Bax-
as clear as possible, as soon
ter called during Tuesday’s
as I can.”
RESULTS
Continued from Page A2
Teen Division
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Avery Collier: 1 red
Zoey Justus: 1 champion,
1 reserve champion, 4 blue,
1 red
Paige Marlia: 2 blue
Adult Division
Caleb Colton: 1 best of
show, 1 overall champion, 1
champion, 4 blue
Sarah Owen: 1 reserve
champion, 2 blue
Emery Owen: 1 cham-
pion, 3 blue, 1 red
Jacquelyn Sanders: 1
overall champion, 1 reserve
champion, 3 blue, 1 red
Heather Goshorn: 1 red
Jill Myatt: 1 reserve
champion, 4 blue, 5 red
Nick Myatt: 1 reserve
champion, 2 blue, 1 red
Jessica Wilson: 1 reserve
the spike, when daily cases
rates could top 5,000 under
some scenarios.
Deaths have also been
rising, with 159 so far this
month, putting it on pace to
be the fourth or fi fth worst
level of fatalities since the
pandemic hit Oregon in
February 2020. Because early
vaccination efforts centered
on older and medically fragile
people, OHA has said the
state will not see the 603
deaths reported in Decem-
ber. But the spread of the
delta variant is increasing the
overall population of those
infected, which will lead to an
Dave Killen/The Oregonian, File upturn in deaths.
Monday’s totals brought
Oregon Gov. Kate Brown in September 2020.
the state to 257,644 cases. The
increased infection and hospi- death total stands at 3,036.
traced to an indoor spread.
The extension of the rules
talization rates. Unvaccinated
“We are starting to see
to outdoors mirrors many of
Oregonians have become
instances where cases are
the exceptions of the existing
clustering around events, like sicker longer when infected.
indoor mandate.
The Oregon Health
outdoor music festivals, that
People do not need to
Authority reported just 7% of
happen outdoors,” said Dr.
Dean Sidelinger, the state epi- adult staffed hospital beds and wear masks while drinking,
eating or sleeping. Masks are
demiologist in the statement. 8% of adult staffed Intensive
not required for those sing-
A sharp spike in COVID-19 Care Unit beds in the state
ing, speaking or otherwise
infections driven by the highly were available on Monday.
performing in a public setting,
OHA has forecast it will be
contagious delta variant has
swept Oregon since July, with 500 beds short at the peak of during sports games or train-
ing. It also has an exception
for the homeless.
The order comes as the
state is hammered by the
highly contagious delta vari-
ant that has driven infection
levels above those of last
winter. Hospitalizations have
overwhelmed medical centers
across the state and forecast
are for at least 10 more days
before the infection wave
peaks.
Because of the speed of the
spread of the delta variant,
health offi cials say it is too
late for the two-shot Moderna
or Pfi zer vaccinations to have
full effect before the current
spike spreads throughout
communities.
The only way to partially
blunt the expected peak of in-
fections and hospitalizations
is by expanded masking at
least until the spike levels out
and drops dramatically.
“Masks are a quick and
simple tool we can imme-
diately deploy to protect
ourselves and our families,
and quickly help stop fur-
ther spread of COVID-19,”
Brown said.
hearing, testifi ed that after he
learned about the allegation,
he had Cpl. Dennis Lefever of
the Sheriff’s Offi ce make two
copies of the fi ve phone calls in
question.
Ash said he gave one com-
puter disc with the recorded
calls to Schaeffer’s investiga-
tor, and that he intended to
give the second disc to Baxter.
Ash said he never did give
the second disc to Baxter, and
that the disc was on his desk
in the Sheriff’s Offi ce for the
next several months, until
after Schaeffer fi led his motion
to dismiss charges on June 25
of this year.
In response to Baxter’s
questions, Ash said he has
never listened to the phone
calls, nor has he ever talked
with Regan about the content
of the calls.
In cross-examination,
Schaeffer asked Ash if his of-
fi ce is always locked when he’s
not there.
Ash answered that it’s not
always locked. He said he has
no reason to believe that the
disc containing recordings of
the fi ve phone calls between
Greenwood and Schaeffer was
ever moved from his desk, but
that he couldn’t say for certain
that it had not.
Following Ash’s testimony,
Baxter called as witnesses
Dennis Lefever and two other
Sheriff’s Offi ce offi cials, Cpl.
Maya Lefever and Lt. Ben
Wray.
All three told Baxter that
they had neither listened to
the phone calls, nor spoken
with Regan about them.
In his argument, Baxter
conceded, as he did in his
Aug. 17 motion, that the
evidence shows not only that
Regan alone listened to the
phone calls, but that based
on the length of time her
computer played the calls
compared with the actual du-
ration of those calls, that she
acted intentionally rather
than inadvertently.
But Baxter argued that
there is no evidence that
anyone besides Regan
listened to the calls or knows
their content.
He cited the testimony
from the county and city
offi cers, all of whom said that
Regan never mentioned the
phone calls to them.
In his Aug. 17 motion,
Baxter addressed the same
issue, writing: “This is impor-
tant, because it shows that
Detective Regan, perhaps
fearful of what consequences
she could face, never dis-
cussed anything related to
the fi ve phone calls with any
other member of the prosecu-
tion team.”
“There is not a conspiracy
going on,” Baxter wrote in
the motion. “The information
obtained out of those phone
calls has not been conveyed
to anyone else on the pros-
ecution team.”
Once the allegations arose
that Regan had illegally
listened to the privileged con-
versations, Baxter said “we
put up a wall between Shan-
non Regan and everybody
else involved in this case.”
Baxter wrote in the mo-
tion that he would not use
Regan as a witness should
Greenwood go to trial.
Shirtcliff asked Baxter
during Tuesday’s hearing
how he would be able to
introduce evidence at trial if
Regan wasn’t a witness.
Baxter said that during
the fi rst few months of the
investigation, in the winter
and spring of 2020, Sells
gathered evidence, including
listening to non-privileged
phone conversations between
Greenwood and others.
Baxter said Sells, not
Regan, testifi ed about those
conversations in court, and
that he should be allowed to
testify as well in trial.
Regan — he didn’t remem-
ber when it happened — in
which she mentioned hearing
part of a phone call involving
an attorney, and that when
she realized an attorney was
involved she went on to a dif-
ferent call.
Sells testifi ed that he didn’t
remember whether Regan
had mentioned the attorney’s
name, or the suspect or the
case.
“I assumed it was acciden-
tal,” Sells said.
Sells, in response to Schaef-
fer’s questions, said he has
listened to phone conversa-
tions that Greenwood had
from jail with people other
than Schaeffer.
Sells, who said he worked
closely with Regan in investi-
gating Parrish’s murder, told
Schaeffer that “I believe Detec-
tive Regan made a mistake,
and I don’t think she would
jeopardize the evidence in this
case.”
Attorneys’ arguments
Following testimony from
witnesses, Shirtcliff asked
fi rst Schaeffer, as the hearing
was prompted by his motion,
and then Baxter to make
arguments.
Schaeffer contended that
because Regan was the
lead investigator, and thus
involved with all aspects of
assembling the case against
Greenwood, it’s not possible
to separate her alleged mis-
conduct from the case itself.
“This is purposeful mis-
conduct by the lead detec-
tive,” Schaeffer said. “She’s a
member of the prosecution
team.”
He conceded that dismiss-
ing criminal charges is a
“last resort remedy,” and that
the legal standard for justify-
ing a dismissal is, and should
be, a high one.
But Schaeffer argued that
based on Regan’s “outra-
geous conduct,” and her inte-
gral role in the prosecution,
that standard has been met.
Schaeffer contends that
Baxter’s statement that he
has neither listened to the
phone calls nor is aware
of their content, and the
testimony from the county
and city offi cers that they too
haven’t listened to the calls,
doesn’t override the sig-
nifi cance of Regan’s involve-
ment.
Schaeffer also argued that
Baxter can’t prove conclu-
sively that no one besides
Regan listened to the calls or
knows what Greenwood and
Schaeffer talked about.
Schaeffer contends that
the prosecution can’t prove
that nobody took the disc
with the recorded calls from
Ash’s desk over the several
months the sheriff said it
was there.
“The appropriate remedy
— how can it not be dismiss-
al of charges, your honor,”
Schaeffer said to Shirtcliff.
However, should the judge
decide not to dismiss charges,
Schaeffer argued that Shirt-
cliff should instead suppress
all evidence that Regan
was involved in collecting,
both before and after Sept.
14, 2020, the day the phone
calls were accessed from and
played on her computer.
Baker City Police offi cers
testify
Baxter then called as wit-
nesses three current or former
offi cials from the Baker City
Police Department — Duby,
former Chief Ray Duman,
who retired June 30, 2021,
and Detective Chris Sells, who
worked with Regan to investi-
gate Parrish’s murder.
All three told Baxter that
they had not listened to the
phone calls between Green-
wood and Schaeffer.
They also said they had not
talked with Regan about those
calls.
Sells did tell Baxter that he
recalled a conversation with
Forensic investigation
in Baker City Police
computers
Baxter’s eighth and fi nal
witness was Williamson, the
forensic examiner from the
Oregon Department of Justice.
Duman, the retired Baker
City Police chief, testifi ed ear-
lier that after learning about
the allegations that a city
offi cer had listened to Green-
wood’s privileged phone calls,
he had copies made of the hard
drives from the computers of
the three offi cers who had ac-
cess to phone calls from the jail
— Regan, Sells and Duby.
Williamson told Baxter
that he examined the three
hard drives and that only
the one that Regan used
contained digital “artifacts”
showing that her computer
was used to access and to play
the fi ve recorded phone calls.
Williamson testifi ed that
he found evidence that in one
case Regan’s computer “auto-
fi lled” the cellphone number
for Schaeffer that Greenwood
used for each of the fi ve calls.
Williamson said that
means someone had previous-
ly typed in the full cellphone
number on that computer, and
that the auto-fi ll function oper-
ated in a subsequent search
for that number.
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Kristy Herman: 2 blue,
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Blake Herman: 2 blue
Elizabeth Ellis: 1 cham-
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Blake Marlia: 1 reserve
best of show, 1 overall
champion, 1 champion, 1
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Bibiana Gifft: 1 blue
Lindsey Huyett: 1 overall
champion, 1 blue
Crystal Brockman: 1 red
Heidi Justus: 1 cham-
Senior Division
Professional Division
pion, 1 reserve champion,
David Colton: 1 blue
Gina Perkins: 1 blue
2 blue
Gary Tritt: 1 blue, 1 red
Debbie King: 1 blue
Jarri McClarin: 1 overall
Jay & Kristin Wilson, Owners
champion, 2 reserve cham-
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pion, 6 blue, 2 red
Cindy Birko: 1 blue, 1 red
Shirley Owen: 1 reserve
champion, 1 blue, 2 red
Alana Clark: 1 blue
Brenda Goshorn: 1 cham-
pion, 1 reserve champion, 3
blue, 2 red
Deanna Davis: 3 blue,
2 red