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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (July 22, 2020)
NEWS MyEagleNews.com Wednesday, July 22, 2020 A5 Conviction against Moles reversed, charges dismissed Supreme Court rules nonunanimous verdicts unconstitutional By Sean Hart Blue Mountain Eagle A Grant County man is free after the U.S. Supreme Court ruled nonunanimous verdicts were unconstitutional. A conviction of first-degree sexual abuse against Brad- ley D. Moles of Mt. Vernon was reversed on appeal and remanded back to circuit court for a new trial by the Oregon Court of Appeals June 29, following the U.S. Supreme Court ruling in Ramos v. Lou- isiana that criminal trial ver- dicts must be unanimous. Grant County District Attorney Jim Carpenter opted not to retry the case and filed a motion to dismiss it June 29. “I praise God that they changed the law to what’s constitutionally correct, which is not a technicality,” Moles told the Eagle. “If the law was changed two and a half years ago, I would have had two hung juries and never went to prison, but because the state went against our constitutional rights to have a unanimous jury verdict, I was wrongfully imprisoned for two and a half years.” In 2017, Moles was tried on multiple sex crime charges involving a single alleged vic- tim, but the jury was unable to reach a verdict, resulting in a hung jury and a second trial in 2018. At the sec- ond trial, the jurors agreed Moles was not guilty of first-de- gree rape, Bradley s e c o n d - d e- David Moles gree sodomy, first-degree unlawful sexual penetration or incest, and 10 out of the 12 jurors believed Moles was guilty of first-degree sexual abuse to deliver a guilty ver- dict. At the time, Oregon law required only 10 of 12 jurors for a conviction. “The State has the option of trying the defendant again under the new law requiring a unanimous jury for convic- tion,” Carpenter said in the motion for dismissal. “While the State is convinced of the guilt of the defendant, as were 10 of the 12 jurors in defendant’s trial, after careful consideration of the matter, including consideration of the wishes of the victim in the case, the State has decided not to pursue retrial.” Before the Supreme Court decision, Moles was appeal- ing the conviction because of five perceived errors at trial, including the nonunanimous jury verdict. Rather than waiting for the appellate judgment, Moles said he withdrew the other four assignments of error — failure to grant a motion for a mistrial, jury miscon- duct and irregularities and two concerning his convic- tion for a crime that was not charged in the indictment — to be released immediately on the Supreme Court’s verdict ruling. “I had a really strong appeal, but with the nonunan- imous jury thing coming up, I had to make the choice,” Moles said, adding his attor- ney thought the appeal could result in an acquittal. “I’m very happy to be home with my family, and we are looking forward to a wonderful and bright future.” Carpenter said in the dis- missal motion that the state “does not concede the inno- cence of the defendant on the merits. Nor does the Ore- gon Court of Appeals reach a decision based on the merits of the case, but rather on the process of the trial.” Moles had filed a motion for a new trial in 2018, alleg- ing several errors including Arson committed at the Covered Wagon Overlook in Prairie City quickly into the forest, which could have turned into a real disaster,” Franklin said. Rynearson said Wedde, who reported Grant County 911 dispatch received a call the fire, was on site and took measures to Friday night for an arson fire at the Cov- reduce the spread. He added that the fire ered Wagon Overlook was under control when north of Prairie City on they got there, and they Highway 26. worked to completely Dispatch received the extinguish the fire. call at 9:37 p.m. Grant Franklin said he is County Chamber of offering a $500 reward Commerce board mem- out of his own pocket ber Jerry Franklin said for any information soon after the call Prai- leading to the arrest and rie City firefighters were conviction of the person on the scene. responsible. He hopes Franklin said the that this reward will damage to the wagon help provide the Grant was minimal. County Sheriff’s Office Prairie City Fire with information for the Chief Marvin Rynear- incident. son said the wagon will The Grant County require some of the trim Chamber of Commerce pieces and sheeting to be has been working on replaced, but the main restoring the wagon for a structure saw minimal year and was about half- way complete with the damage. “If Ingo Wedde of restorations. Prairie City had not been Contributed photo “The board of direc- going by the wagon that The wagon at the Covered Wagon tors and the members evening and noticed Overlook north of Prairie City on of the chamber of com- the flames coming out Highway 26 was minimally damaged merce would like to thank Ingo Wedde and the from under the wagon by arson over the weekend. Prairie City Fire Depart- and called 911 — who ment for their quick response then dispatched the Prai- rie City Fire Department — we could have in saving our very special wagon and rest area lost not only the wagon, but the fire could and possibly some of our rangeland and for- have easily spread to the dry rangeland and est,” Franklin said. jury misconduct and error in instruction that “changed the outcome of the trial, raising confusion and contradictory conclusions of the jury.” At least three jurors wrote let- ters to the judge immediately after the trial, stating they were uncomfortable with the jury process and felt rushed or bullied. The motion was denied, and Moles began the appellate process. “I’ve maintained my innocence from day one,” Moles said. “I was risking 25 years and being pushed to take a plea (by my attorney), and I continued to maintain my innocence through that. I want to give thanks to my friends and family and people of the community for the over- whelming support this whole four and a half years.” Eagle file photo Grant County Health De- partment staff unload person- al protective equipment May 7 during the de- partment’s curb- side COVID-19 testing. County health officials say the county can administer upwards of 500 tests to identi- fy and isolate new cases of COVID-19. By Rudy Diaz Blue Mountain Eagle Second COVID-19 case confirmed in Grant County Blue Mountain Eagle The Grant County Health Department has confirmed a second individual has tested positive for COVID-19 in Grant County. The health department has initiated contact tracing, accord- ing to a press release. The individual has been told to self-quarantine, and the department is contacting other individuals who are identified as close contacts (within 6 feet for more than 15 minutes). The individual resides within the 97820 zip code. The health department con- tinues to encourage all res- idents to take the following precautions: • Wear a mask indoors and where a mask outdoors if 6 feet of distancing can not be maintained. • Wash hands often with soap and water for at least 20 seconds. • Avoid touching eyes, nose or mouth with unwashed hands. • Cover mouth and nose when coughing or sneezing. • Stay home if ill. After someone contracts COVID-19, illness usually develops within 14 days. Symp- toms include: • Fever or chills • Cough • Shortness of breath or diffi- culty breathing • Fatigue • Muscle or body aches • Headache • New loss of taste or smell • Sore throat • Congestion or runny nose • Nausea or vomiting • Diarrhea Anyone with these symp- toms should call 211 or the Grant County Health Depart- ment at 541-575-0429. of criminal mischief on Ricco Ranch Road. July 17: Prairie City fire was requested for an arson fire at the Covered Wagon Overlook. • John Day ambulance July 14: Received a report of a 94-year-old woman who fell, possibly caused by stroke, on North Canyon Boulevard. July 15: Responded for an 86-year-old woman who had fallen and needed a lift assist on Indian Creek Road. July 15: Paged for a 79-year-old man that fell on Sunny Ridge Road. July 15: Paged for an elderly woman with a severe nosebleed on North Humbolt Street. July 17: Dispatched for an elderly woman with flu-like symptoms and headaches on Northeast Dayton Street. July 17: Responded for a 63-year-old woman with chest pain and shortness of breath on West Main Street. July 17: Responded for a 75-year-old woman with a high temperature and confu- sion on East Fifth Street. July 18: Along with Long Creek ambulance, responded for a man who fell and hit his head near Highway 395 and Cook Allen Lane. July 18: Responded for a 76-year-old man with weak- ness and confusion on West Main Street. July 18: Responded for an 84-year-old man who was shaky and lethargic on Over- holt Street. July 19: Responded for an 86-year-old woman who had fallen. • Prairie City fire July 18: Responded to an illegal burn on North McHa- ley Street. COPS AND COURTS Bookings: 7 Releases: 3 Arrests: 1 Citations: 0 Fingerprints: 1 Civil papers: 7 Warrants processed: 3 Assistance/Welfare check: Arrests and citations in the Blue Mountain Eagle are taken from the logs of law enforcement agencies. Every effort is made to report the court disposition of arrest cases. Grant County Circuit Court Allen P. Evans, 48, pleaded guilty July 16 to a count of driving under the influence of intoxicants committed on July 12. His license was suspended for a year. He was sentenced to serve 48 hours in jail, 24 months of bench probation and pay $1,000 in fines. Grant County Sheriff The Grant County Sheriff’s Office reported the following for the week of July 15: Concealed handgun licenses: 10 Average inmates: 9 0 Search and Rescue: 0 Oregon State Police July 12: OSP responded to Highway 395B near mile- post 102 to assist the Grant County Sheriff’s Office on a driving under the influence of intoxicants investiga- tion. The deputy arrested the driver, Allen P. Evans, 48, for DUII. OSP transported him to the jail for the deputy. OSP administered the breath test, which indicated a blood alcohol concentration result of 0.09%. Evans was lodged for DUII. Dispatch John Day dispatch worked 142 calls during the week of July 13-19, including: • John Day Police Department July 13: Steven M. War- rington, 30, of John Day was cited for driving while sus- pended on Screech Alley. July 13: Adrian Couey, 35, of John Day was cited for driv- ing while suspended, no insur- ance and failure to register. July 14: Responded to a report of criminal mischief in progress at the mill corner. July 15: Received a report of a subject huffing fumes in a parking lot on Northeast Day- ton Street. July 15: Steven M. War- rington, 30, of John Day was cited for a driving while sus- pended violation and no insur- ance on West Main Street. July 16: Responded to a theft at a business on West Main Street. July 17: Cited David J. Darling, 45, of John Day for driving while suspended and without insurance. July 18: Cited Steven M. Warrington, 30, of John Day for driving while suspended and no insurance. July 19: Advised of a theft at a business on West Main Street. • Oregon State Police July 13: Dispatched to a report of a vehicle that hit a dog and drove off on Highway 26 in Dayville. July 17: Advised of a flat- bed trailer that had come loose from the vehicle towing it that was blocking Highway 26. • Grant County Sheriff’s Office July 15: Received a report of theft on Quail Lane. July 16: Received a report S189136-1
