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.
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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
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