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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (Sept. 21, 2016)
News Blue Mountain Eagle Wednesday, September 21, 2016 A5 Judge denies sheriff’s request to prevent his deposition from being videotaped Reporting the news ‘a legitimate use of information’ By Sean Hart Blue Mountain Eagle A judge denied Grant County Sheriff Glenn Palm- er’s request to prohibit vid- eo recording of his deposi- tion in the civil lawsuit iled by the Oregonian newspaper related to public records re- quests. Judge William D. Cram- er Jr. said he did not believe there was a basis to prohibit video recording of the depo- sitions in the case Thursday, Sept. 15, in Grant County Circuit Court. He said video can be useful to the court to help determine the credibili- ty of those deposed. In an opinion letter iled Monday, Sept. 19, Cram- er also denied an addition- al request to prevent the deposition from being used for non-litigation purposes, such as reporting the news. Cramer said reporting the news “is a legitimate use of information well recognized and well established” and that the “defendants have not provided a suficient basis to restrict the use of deposition testimony during the case.” Cramer said he would have granted a protective or- der — restricting the use of Eagle file photo Grant County Sheriff Glenn Palmer in a declaration said “Videotaping the depositions is not reasonable, nor is it necessary, and me and deputy DeFord do not wish to be exposed to the embarrassment and annoyance of being videotaped in our depositions.” the deposition until the liti- gation was concluded — if this case was before a jury but that this case “should not be affected by pre-trial news reports.” In a footnote, Cramer said he was sensitive to the fact Palmer “is facing inde- pendent investigations into conduct unrelated to this case” and “involved in a contested election” but that he did not believe a protec- tive order was warranted. The case began when Oregonian Publishing Co. and reporter Les Zaitz filed a complaint in May against Grant County Sheriff’s Office, Palmer and Depu- ty Sally DeFord seeking a judge to declare that certain records sought were public records and to obtain an in- junction forcing them to be disclosed. Cramer granted the Oregonian’s request for a temporary restraining order preventing the sheriff’s of- ice from deleting any emails related to the case in August. Palmer’s attorney, D. Zachary Hostetter of Hostetter Law Group, re- quested that the depositions not be videotaped in a Sept. 9 motion for a protective order regarding the deposi- tions. In a declaration in sup- port of the motion, Palmer said, “Videotaping the depo- sitions is not reasonable, nor is it necessary, and me and deputy DeFord do not wish to be exposed to the em- barrassment and annoyance of being videotaped in our depositions.” The motion also request- ed that the depositions be limited to one day instead of three and that the inquiry in the depositions be limited, both of which Cramer also denied. Cramer said, howev- er, he expected the parties to act professionally by taking only as much time as need- ed for the depositions and by limiting the inquiry to what is reasonably related to the case as required by Oregon Rules of Civil Procedure. On Aug. 31, Benjamin Boyd of Hostetter Law Group also iled a motion to strike, or remove, a paragraph from the Oregonian’s complaint, which is scheduled for a hearing at 4:15 p.m. Thurs- day, Sept. 22. Boyd argues the para- graph, which lists public records laws and rules, is “frivolous, irrelevant and im- properly pleaded evidentiary matter inserted into plain- tiff’s amended pleading.” The paragraph reads: “The state and its political subdi- visions have a responsibility to ensure orderly retention and destruction of all pub- lic records. ORS 192.001(1) (c). The Secretary of State Archives Division has pro- mulgated rules reiterating that custodians of public records are speciically charged by statute with the responsibil- ity of protecting them. OAR 166-020-0010(1). Those rules set speciic retention sched- ules for county records, OAR 166-150-0005, which must be followed. ORS 192.108. It is a crime to knowingly destroy, conceal, remove of falsely alter a public record without lawful authority. ORS 162.305.” Palmer’s attorneys have argued he followed appro- priate rules regarding public records. C OPS & C OURTS Arrests and citations in the Blue Mountain Eagle are taken from the logs of law en- forcement agencies. Every ef- fort is made to report the court disposition of arrest cases. Oregon State Police • Sept. 7: Responded to a one-vehicle accident on High- way 19 near mile post 103.4 at approximately 5:26 p.m. The driver was transported by air ambulance to St. Charles Hos- pital in Bend. • Sept. 11: A subject lo- cated a buck mule deer that had been shot and killed in a ield along a highway near Long Creek. At the request of the responding trooper, the subject moved the deer into the shade and ield dressed it. There was no sign of a sus- pect in the area. The deer was deemed it for human con- sumption and taken to a meat processor for donation to a lo- cal charity. The investigation remains open. • Sept. 13: Charged Dean- na Dawn Kelley, 38, of Can- yon City with criminal tres- pass after homeowners called the police saying Kelley had taken things from their house and put them into the back of her truck. Kelley was later lo- cated at a friend’s house and charged. • Sept. 16: Arrested Hal S. Gilliam for driving under the inluence of intoxicants, driv- ing with a suspended license and open container of alcohol. After receiving a complaint of erratic driving on Highway 26, an oficer located Gilliam and pulled him over after watching him cross the fog line. Gilliam was booked into Grant County Jail. Grant County Sheriff CANYON CITY — The Grant County Sheriff’s Ofice reported the following for the week of Sept. 8-14: • Concealed handgun li- censes: 8 • Average inmates: 14 • Bookings: 10 • Releases: 6 • Fingerprints: 9 • Civil papers: 10 • Warrants processed: 8 • Asst./welfare check: 2 • Search and Rescue: 1 Justice Court CANYON CITY — The Grant County Justice Court re- ported the following ines and judgments: • Driving with a suspended license: Talia Christine Maloy, 40, Prairie City, Aug. 5, ined $435. • Violation of the basic speed rule: James Marcel Mours, 51, Milwaukie, 71/55 zone, ined Aug. 26, $135; Timothy Harden, 54, Eugene, 70/55 zone, Aug. 27, ined $160. • Failure to drive within lane: Kaitlyn Rae Lopez, 19, Battle Ground, Washington, Sept. 6, ined $260. • Failure to renew registra- tion: Connor Johnston Broem- ling, 22, John Day, Aug. 31, ined $60. • No operator’s license: Raymond J. Janczyk, 46, John Day, July 22, ined $260. • Driving Uninsured: Con- nor Johnston Broemling, 22, John Day, Aug. 31, ined $130. • Exceeding the speed lim- it: Isabelle Smith, 21, Milton, Massachusetts, 69/45 zone, Aug. 13, ined $260; James Willard Chase, 65, Snohom- ish, Washington, 82/65 zone, Aug.25, ined $260. Dispatch John Day dispatch worked 154 calls during the week of Sept. 12-18. Along with the various trafic warnings, trespassing, injured animals, William Allen Goodwin III Goodwin pleads not guilty to sex crimes Trial scheduled for December Blue Mountain Eagle William Allen Goodwin III pleaded not guilty to two sex crime charges Sept. 15 in Grant County Circuit Court. A May 23 grand jury in- dictment accuses Goodwin of Unlawful Sexual Penetration in the First Degree between March 1, 2015, and Oct. 1, 2015, in Grant County to a person younger than 12, a class A felony, and Sexual Abuse in the First Degree, a class B felony. Judge William D. Cramer Jr. scheduled a four-day trial to begin Dec. 19. FACEBOOKERS: Become an Eagle fan today! Go to: facebook.com/ MyEagleNews Sissy Dawson noise complaints and juvenile complaints, these calls includ- ed: • John Day Police Sept. 12: Received a report of a “marijuana plant in an un- wanted location.” Sept. 13: Cited a 24-year- old John Day man for keeping a dog as a nuisance. Respond- ed to a report of a theft on Bumpy Road. Sept. 14: Received a call of stolen TV remotes. Unfound- ed, the caller later found the remotes. Arrested a 26-year- old man for violation of con- ditional release. Responded to a report of a hit and run. Sept. 17: Arrested a 54-year-old man for ighting on Main Street. • Grant County Sheriff Sept. 15: Report of a dog running loose and killing chickens in Mt. Vernon. • John Day ambulance Sept. 16: Responded to 57- year old woman with a possi- ble leg infection. Help us kick off Domestic Violence Awareness Month Saturday, Sept. 24 Registration 9am Start time 10am Grant County Airport Industrial Park - John Day Admission: $20 per person, $40 per family For more information call 541-575-4335 or email heartgc@ortelco.net Agent Dawson Farmers Insurance Agency 342 W Main St. John Day, OR 97845 541-575-3518 sdawson@farmersagent.com OR Producer LIC #17936489 WE CAN COVER IT ALL! R ENTERS • M OBILE H OMES • P ETS • R ECREATIONAL V EHICLES Hi, I’m Richie Colbeth. I’m running for John Day City Council. You won’t see any campaign signs for me because someone is destroying them, which is fine; you can tear up a road map but the road is still there. My lane is one of intelligence. I have four college degrees, I’m a paralegal; I belong to MENSA and I’m a champion chess player. So I know how to figure things out. The street I’m on is one of integrity: You can expect honesty, compassion and understanding from me. I know how to play fair. The avenue I’ve walked on is one of much experience. I’m a retired Air Force Non-Commissioned Officer, a Vietnam veteran. I was a PTA President in Portland and a Labor Union Leader. I will fight for you. I’m walking a lonely road, supported by no big church, service organization or company; I owe no one any favors. I am beholden to no one except you. You will be treated fairly and impartially by me if you have a concern with the city. So tear up the road map my friend; if elected, this old cowboy will be truckin’ on down the highway for you – anyway. Thanks, Richie Paid for by Richie Colbeth Heart of Grant County Third Annual “Color Me Free” Fun Run & Walk TREAT YOUR FEET Our Services by a registered nurse include: • Pedi-Spa treatment for your feet • Particular attention to Diabetic Foot • Multifunctional massage chair • Skin Inspection • Callus Removal • Nail Cutting We also check your blood pressure, blood sugar level and oxygen saturation. Call 541- 575-1648 for an appointment $35 00 fee Robbins Farm Equipment 3850 10th St. Baker City 10218 Wallowa Lake Hwy. La Grande 1160 S Egan Burns 86812 Christmas Valley Hwy. Christmas Valley 541-523-6377 541-963-6577 541-573-6377 541-523-6377 Blue Mountain Hospital FOOT CLINIC www.bluemountainhospital.org Services available at the Home Health Office, 422 W. Main, John Day.
