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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (Oct. 14, 2016)
October 14, 2016 • Seaside Signal • seasidesignal.com • 3A OBITUARIES Donald Howell Nov. 22, 1928 — Sept. 29, 2016 Donald “Don” Howell, longtime Cannon Beach res- ident, passed away on Sept. 29, in Portland, at the age of 87. Don was born in Glad- stone, Oregon, on Nov. 22, 1928, to Richard and Alice Howell. He had two brothers, Richard and Jim. He attend- ed Oregon City High School and graduated in 1946. In 1948, Don moved per- manently to Cannon Beach and joined the Astoria Re- serve Fleet of the U.S. Mar- itime Administration, doing maintenance and radio repair for local ships stationed in Astoria, Oregon. Don was drafted into the Army in 1950 at the start of the Korean War, and was stationed in Japan and Ko- rea until returning home in 1953, where he remained in the Army Reserves until his honorable discharge in 1956. After returning home, Don returned to his work for the Maritime until the Asto- ria Maritime base closed in 1968. Donald Howell In 1969, Don went to work for the Cannon Beach Water Company, and later became the Public Works di- rector for the city of Cannon Beach until his retirement in 1991. While working for the city, Don also co-owned a local grocery store in the late 1960s and early 1970s, as well as an antique store in the mid-1980s. Don had a special bond with Cannon Beach, and was loved by the community. In the last few years, he devel- oped a following on social media for his nightly sunset photos, and could be seen regularly standing at the end of his street at sunset, talking with locals and tourists alike, sharing the history and beau- ty of this little beach town he loved so much. Don is survived by his two daughters, Linda (Eric) Rebitzer of Tumwater and Debbie (Ken) Dimeo of Cen- tral Oregon; granddaughter Amanda (Chuck) Walker of Bend, Oregon; and many nieces and nephews. In lieu of lowers, please consider making a donation to Doernbecher Children’s Hospital Foundation, 1121 S.W. Salmon St., Suite 100, Portland, OR 97205-2021. Don held a special place in his heart for these kids. Don will be greatly missed by his family, friends and community. Connie Kay (Staley) Henry July 12, 1957 — Sept. 30, 2016 Connie Kay (Staley) Hen- ry was born July 12, 1957, in Bend, Oregon, to Robert and Marilyn Staley, and was brought home by her Lord on Sept. 30, 2016. Her childhood was spent in Seaside, Oregon, attending school and participating in sports, notably track and ield and basketball. Later in life, she settled in Minnesota, working and rais- ing her children. The past few years have seen her return to her beloved Oregon, working and spending time with her family. She is survived by her mother, Marilyn Staley; her sister, Judy Staley of Seaside; her daughter, Tessie (David) Rodkevich, and son, Travis Henry, both of Minnesota; ive grandchildren; her neph- ew, Dylan Rabell; her com- panions, Bella and Ken; and numerous friends. Her optimistic nature en- deared her to many along her life journey, and she will be dearly missed by all. A celebration of life was held at the Hamlet Historical Schoolhouse on Saturday, Oct. 8. Connie Henry Conlicting claims in toddler murder trial Opening statements made in ‘gruesome’ case By Kyle Spurr EO Media Group Prosecutors described Randy Lee Roden as some- one with a violent history who grew frustrated watching after his girlfriend’s toddler daughter and her two sons. The state is accusing Ro- den of murdering 2-year-old Evangelina Wing and abus- ing her brothers in the Sea- side apartment he shared with their mother, Dorothy Ann Wing. Roden’s defense lawyers, however, say the focus on Ro- den is a rush to judgment. The defense claims the toddler Barnett from Page 1A Marquis had absolute immu- nity because he was acting in his role as prosecutor in the judicial phase of the criminal process. Barnett appealed to the 9th Circuit. The federal appeals court, like Judge Hernandez, will focus on the question of absolute immunity, not Bar- nett’s underlying claims that his civil rights were violated. “The only issue on appeal is the question of immunity, not the merits of the underly- ing claim, which will be for the trial court to resolve if and only if the 9th Circuit con- cludes that immunity is not available in this case,” state Senior Assistant Attorney General Peenesh Shah, who is representing Marquis, said in an email. Courts have long recog- nized absolute immunity for Saturday, Oct. 15 LAWS, William “Bill” — Celebration of life at 1:30 p.m., Lighthouse Christian Church, 88786 Dellmoor Loop in Warrenton. Halloween Fun October 31 st trauma, Brown said. The younger brother, now 3, had a broken bone in his pelvic region and extensive bruising. “All of these injuries were not accidental,” Brown said. The state’s theory is that Dor- othy Wing aided and abetted Roden by allowing him to live with her children and take care of them while she worked. She was responsible for Roden’s actions, the state claims, but was not the one who murdered the toddler. Wing, 26, pleaded guilty in January to irst-degree manslaughter and two counts of irst-degree criminal mis- treatment. She was sentenced to more than 15 years in pris- on, contingent on her truthful- ly testifying at Roden’s trial. Court to decide immunity issue Absolute immunity MEMORIAL was killed by the abusive ac- tions of her mother combined with a dangerous lesh-eating virus found on the girl. Opening arguments began Tuesday, Oct. 4, in Clatsop County Circuit Court in the death penalty trial of Roden. The crimes are considered among the worst child-abuse cases in the county. Chief Deputy District At- torney Ron Brown gave a detailed description of the gruesome evidence. The three children were tortured, burned, bitten and caged in the apartment. All three chil- dren were the victims of child abuse. The older brother, now 7, is one of the most trauma- tized children his pediatric doctor has seen. The boy will not testify at trial due to the government oficials perform- ing their duties, a cover meant to protect the decision-mak- ing process from constant legal second-guessing. For prosecutors, courts have dis- tinguished actions that are judicial in nature from admin- istrative functions. In Barnett’s case, Marquis informed the Seaside Police that the District Attorney’s Ofice would not use the de- tective as a witness in prose- cutions or work with him in ongoing prosecutions because of doubts about his credibility. In Shah’s brief with the ap- peals court, he noted that the 9th Circuit has upheld abso- lute immunity for prosecutors whose professional evalua- tion of a potential witness was “harsh, unfair or clouded by personal animus.” Absolute immunity, Shah argues, applies to civil rights claims and “protects defen- dants regardless of any im- proper motive or result.” Sean Riddell, a Portland attorney representing Barnett, said in his brief that Marquis retaliated against Barnett for his free speech and led Sea- side Police to curtail his work assignments and future eco- nomic potential, essentially attempting to end his career. “Defendants should not be permitted to hide behind ab- solute immunity for unethical conduct,” Riddell wrote. Retired Barnett, a veteran Seaside Police oficer, was a longtime detective before becoming a patrol sergeant. He was pro- moted to lieutenant last year. Barnett received a $20,000 cash payment from the city when he retired in March. 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