A6 BAKER CITY HERALD • SATURDAY, MAY 7, 2022
LOCAL & STATE
Trial
Continued from Page A3
Upon being shown the re-
port from Komning’s inter-
view of Smith’s accuser and the
coworker, Palmer said he told
Komning to take the investiga-
tion to an outside agency.
Zach Mobley testified that,
other than receiving a phone
call that Smith had left his kids
at home unattended and turn-
ing the report over to the John
Day Police Department, he
had no recollection of being in-
volved with initiating any kind
of formal or informal investiga-
tion into Smith.
Komning said he asked the
Wheeler County sheriff to con-
duct an internal affairs investi-
gation of Smith, and the sheriff
recorded another interview
with Smith’s accuser.
In that interview, accord-
ing to the recording that was
played in court on April 20,
Smith’s accuser acknowledges
placing a tracker on Smith’s
vehicle and keeping the Grant
County Sheriff’s Office up-
dated on Smith’s whereabouts.
Komning testified that he
was not aware of Smith’s sched-
uled interview with the DOJ
to talk about alleged miscon-
duct by his sister at the time he
conducted his interview with
Smith’s accuser. According to
Komning, he was acting on
Palmer’s concerns about the
safety of Smith’s accuser and
the children.
In court, the defense pointed
to what it called contradictions
between Koming’s statements
and Palmer’s April 27 testi-
mony. Under cross-examina-
tion, the former sheriff said he
did not remember saying those
things to Komning.
“I don’t recall what the con-
versation was with Danny
Komning,” Palmer said. “If
that’s what he testified, then
that’s his testimony. I don’t re-
call it.”
Additionally, Komning testi-
fied that Palmer was concerned
that Smith had been spying on
the Mobleys.
In the interview, Komning
told Smith’s accuser that Smith
had changed and that he was
concerned about the safety of
those around him. The accuser
asked Komning to go off the
record. In Komning’s report,
the accuser makes contradic-
tory statements, first claiming
Steven Mitchell/Blue Mountain Eagle
Grant County Sgt. Danny Komning takes the witness stand Wednesday, April 20, 2022, during a hearing of
a former Grant County sheriff’s deputy, Tyler Smith, accused of attempted rape and two additional counts
of domestic violence toward his wife in 2019. Smith’s attorneys have made a motion to dismiss the charges
after an audio recording of an interview between Komning and Smith’s accuser and 300 pages of docu-
ments were turned over as evidence on the first day of trial.
Smith had been “abusive” with
the children, then saying he is
good with the kids but that he
was neglecting them.
The defense asked Komning
if he reported the abuse to the
Department of Human Ser-
vices given that, as a patrol dep-
uty and a mandatory reporter,
he was required by law to re-
port such an allegation.
Komning said what the ac-
cuser told him did not meet the
threshold of abuse. Moreover,
he said he thought submit-
ting the report to Palmer was
enough to meet the mandatory
reporter requirement.
Asked why he did not turn
over the recording to prosecu-
tors, Komning said that he did
not think the recording was rel-
evant to Smith’s criminal case.
Steven Mitchell/Blue Mountain Eagle
Klamath County Circuit Court Judge Dan Bunch.
job easy,” Bunch told the pros-
ecutor. “(I) am concerned
there are officers not shooting
straight with you. (I) will tell
you, as far as a conviction you
have an uphill battle.”
For her part, Kimberly told
the judge she appreciated his
concerns but that the prosecu-
‘Hide the ball’
tion was confident in its case.
Smith’s attorneys claim
The trial is slated to get un-
the evidence suppression has derway on May 16, but Smith’s
been a constant for two and a attorneys filed a motion on
half years.
Friday, April 29, for a post-
charges brought against him.
scrutiny given that she is the
“This case,” Andrew Coit
ponement to allow time for
Carpenter said he directed
wife of Grant County Sheriff’s
said during a court hearing on more testimony on their mo-
Palmer to work with Gretchen Deputy Dave Dobler. The de-
Ladd-Dobler, Wheeler Coun- fense asked Carpenter — who April 27, “has been for the DA’s tion to dismiss.
The state objects to the
ty’s district attorney, one of the asked her to take on the Smith Office and law enforcement
about hide the ball.”
postponement.
special prosecutors, along with case — if he saw a potential
The controversy, which
“The facts tend to suggest
Kimberly, who was handling
conflict of interest because of
could change the course of
that Grant County has played
Smith’s case.
that relationship.
a significant role in both the
The defense attorneys argue
Ladd-Dobler told the news- Smith’s case by leading to an-
other continuance or even a
development of the criminal
that Carpenter’s testimony
paper in September of 2020
allegations and the pursuit of
shows Palmer was looking for that Smith’s criminal case was dismissal, began on the first
day of the trial in late October. the indictments,” Smith’s at-
Palmer and the prosecutor
a way to suppress documents investigated by the Oregon
After the issue of the
torneys argue.
After the first day of the
that could be used to exon-
State Police and not the Grant
last-minute discovery dump
“Yet the state continues to
hearing on April 20, the de-
erate Smith. They have asked County Sheriff’s Office. She
fense amended its motion to
the state to produce additional went on to say that district at- was raised, Circuit Court Judge both hide evidence it is re-
Dan Bunch called an on-the-
quired to disclose and to in-
dismiss based on testimony by emails in a thread between
torneys, not victims, decide if
record hearing in his chambers terfere with the Defendant’s
Jim Carpenter, Grant County’s Palmer, Carpenter and Ladd- criminal cases move forward.
with the attorneys for both
right to a fair trial, evidenced
district attorney.
Dobler that was among the
The failure to turn over the
sides, court transcripts show.
again by its opposition to this
Carpenter testified that
discovery materials submitted recordings and related docu-
During that conference,
request for a continuance of
Palmer had emailed him ask-
in October.
ments until just before the start
Bunch told Kimberly that it
the trial date.”
ing for assistance in finding
In Kimberly’s cross-exam-
of trial, according to Smith’s
sounded to him as though
An oral argument on the
a legal avenue to arrest Haley
ination of Carpenter, she asked defense attorneys, points to a
Smith had patrol deputies
postponement motion is
Olson, Smith’s girlfriend, who if Palmer’s inquiry went any
consistent pattern on the part
within the Sheriff’s Office
scheduled for 9 a.m. on Mon-
claimed on social media that
further than the email thread. of the prosecutors of improp-
day, May 9, at the Grant
she had documents that proved
Ladd-Dobler’s participation erly withholding evidence that working against him.
“They have not made your
County Courthouse.
Smith was innocent of the
in the case has come under
could exonerate the defendant.
The failure to turn over the recordings
and related documents until just before the
start of trial, according to Smith’s defense
attorneys, points to a consistent pattern on
the part of the prosecutors of improperly
withholding evidence that could exonerate
the defendant.
The prosecutors, however,
reject that line of reasoning
entirely, arguing that none of
those materials are relevant to
the criminal charges against
Smith. Therefore, they insist,
the charges against him should
not be thrown out.
Then
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