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