DOCSLIB.ORG

FREDERICK M. BOSS Deputy Attorney General NICK M. KALLSTROM #050023 SAMUEL A. KUBERNICK #045562 RAFAEL A. CASO #073612 Assistant

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
FREDERICK M. BOSS Deputy Attorney General NICK M. KALLSTROM #050023 SAMUEL A. KUBERNICK #045562 RAFAEL A. CASO #073612 Assistant Case 3:07-cv-00413-AC Document 101 Filed 11/09/15 Page 1 of 177 FREDERICK M. BOSS Deputy Attorney General NICK M. KALLSTROM #050023 SAMUEL A. KUBERNICK #045562 RAFAEL A. CASO #073612 Assistant Attorneys General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 947-4700 Fax: (503) 947-4794 Email: [email protected] [email protected] [email protected] Attorneys for Respondent IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FRANK E. GABLE, Case No. 3:07-cv-00413-AC Petitioner, RESPONSE TO AMENDED PETITION, AND TO BRIEF IN SUPPORT OF v. AMENDED PETITION MAX WILLIAMS, Respondent. Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 947-4700 / Fax: (503) 947-4794 Case 3:07-cv-00413-AC Document 101 Filed 11/09/15 Page 2 of 177 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................. 1 II. FACTUAL AND PROCEDURAL BACKGROUND........................................................ 2 A. Historical Facts and Trial Proceedings ................................................................... 2 1. Michael Francke’s murder and the crime scene ......................................... 2 2. Eyewitness accounts ................................................................................... 4 a. Wayne Hunsaker............................................................................. 4 b. Cappie Harden ................................................................................ 4 c. Jodie Swearingen ............................................................................ 6 d. Earle Childers.................................................................................. 8 3. Testimony of petitioner’s close associate (Mark Gesner) and wife (Janyne Vierra)............................................................................................ 9 4. Petitioner’s statements to other associates and acquaintances.................. 12 a. Linda Perkins ................................................................................ 12 b. John Kevin Walker ....................................................................... 13 c. Daniel Patrick Walsh .................................................................... 15 d. Childers......................................................................................... 16 e. Gesner ........................................................................................... 17 5. Petitioner’s statements to police ............................................................... 18 6. Petitioner’s defense at trial, the verdict, and the sentence ........................ 30 B. Direct Appeal........................................................................................................ 31 C. Post-Conviction Relief (PCR) proceedings—first trial and first appeal............... 32 D. Post-Conviction Relief Proceedings—Remand and Second Appeal.................... 33 E. Current federal habeas proceedings ...................................................................... 36 III. PETITIONER HAS NOT MET HIS BURDEN OF PROOF ON THE UNARGUED CLAIMS.................................................................................................... 37 IV. PETITIONER’S CLAIMS ALLEGING TRIAL COURT ERROR UNDER CHAMBERS v. MISSISSIPPI ARE PROCEDURALLY DEFAULTED AND WITHOUT MERIT. (Grounds Two and Seven) ............................................................. 38 Page i Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 947-4700 / Fax: (503) 947-4794 Case 3:07-cv-00413-AC Document 101 Filed 11/09/15 Page 3 of 177 A. Johnny Lee Crouse’s Statements to Police ........................................................... 38 1. February 15, 1989 ..................................................................................... 39 2. April 4, 1989 ............................................................................................. 41 3. April 5, 1989 ............................................................................................. 43 4. April 6, 1989 ............................................................................................. 45 5. April 9, 1989 ............................................................................................. 45 6. April 11, 1989 ........................................................................................... 46 7. April 13, 1989 ........................................................................................... 46 8. June 15, 1989 ............................................................................................ 47 9. November 30, 1989................................................................................... 49 B. State Court Proceedings Related to Petitioner’s Chambers Claim....................... 50 C. Petitioner’s Chambers Claim is Procedurally Defaulted...................................... 53 D. Petitioner’s Chambers Claim is Without Merit .................................................... 55 1. Chambers v. Mississippi ........................................................................... 55 2. The exclusion of Crouse’s unsworn hearsay statements pursuant to state evidentiary rules did not violate petitioner’s due process rights because, unlike the statements at issue in Chambers, Crouse’s statements did not bear “persuasive assurances of trustworthiness” ........................................................................................ 60 E. Any Error in Excluding Crouse’s Statements was Harmless................................ 70 V. THE MAJORITY OF PETITIONER’S CLAIMS ALLEGING INEFFECTIVE ASSISTANCE OF COUNSEL ARE PROCEDURALLY DEFAULTED AND ALL CLAIMS ARE WITHOUT MERIT......................................................................... 71 A. The Martinez exception provides no basis to excuse any default......................... 71 1. The Martinez decision............................................................................... 72 2. Post-conviction counsel (Ken Hadley) was not constitutionally ineffective ................................................................................................. 73 3. Trial counsel (Abel and Storkel) were not constitutionally ineffective ................................................................................................. 74 B. Petitioner’s claims relating to the violation of the ex post facto clause (Grounds Four and Fifteen (subpart “P”)) are either procedurally defaulted or lack merit .......................................................................................................... 75 Page ii Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 947-4700 / Fax: (503) 947-4794 Case 3:07-cv-00413-AC Document 101 Filed 11/09/15 Page 4 of 177 1. Ground Four.............................................................................................. 75 2. Ground Fifteen (P) .................................................................................... 77 C. Even if there were some basis to excuse the default of petitioner’s Grounds Fifteen (E) and Sixteen (B), the claims lack merit................................. 81 1. Trial counsel did not perform deficiently by not presenting federal law (Chambers v. Mississippi, 410 U.S. 284 (1973)) in support of admission of evidence of third party guilt, and, in any event, petitioner was not prejudiced (Ground 15(E)).......................................... 81 2. Appellate counsel did not perform deficiently by not raising the Chambers issue, and, in any event, petitioner cannot show prejudice (Ground 16(B)) ......................................................................... 84 D. Petitioner’s claims or subclaims regarding trial counsel’s “failure to investigate” are not substantial (Ground 15(A))................................................... 85 E. Failure to call or adequately examine witnesses (Randy Studer and Jodie Swearingen) (Ground Fifteen (subparts J and K))................................................ 90 1. Counsels’ decision not to call Studer as a defense witness (Ground Fifteen, subpart J)...................................................................................... 90 2. Counsels’ alleged failure to ‘effectively’ use Swearingen as a defense witness (Ground Fifteen, subpart K) ........................................... 93 3. Alleged failure to provide an effective closing argument (Ground Fifteen, subpart P)..................................................................................... 99 VI. PETITIONER HAS FAILED TO DEMONSTRATE ACTUAL INNOCENCE........... 101 A. The affidavits that petitioner presents, in which some witnesses recant their trial testimony, are not credible .................................................................. 102 1. Janyne (Gable) Vierra............................................................................. 103 a. Petitioner has not established that he was at his apartment at the time of the murder, such that no reasonable juror would vote to convict him........................................................... 104 b. Petitioner’s statements to Vierra, which were not presented to the jury, further inculpate petitioner in Francke’s murder...... 110 2. Jodie Swearingen .................................................................................... 113 3. Cappie Harden .......................................................................................
Load more

Recommended publications
  • Black and Blue: Police-Community Relations in Portland's Albina
    LEANNE C. SERBULO & KAREN J. GIBSON Black and Blue Police-Community Relations in Portland’s Albina District, 1964–1985 It appears that there is sufficient evidence to believe that the Portland Police Department indulges in stop and frisk practices in Albina. They seem to feel that they have the right to stop and frisk someone because his skin is black and he is in the black part of town. — Attorney commenting in City Club of Portland’s Report on Law Enforcement, 1981 DURING THE 1960s, institutionalized discrimination, unemployment, and police brutality fueled inter-racial tensions in cities across America, including Portland, Oregon. Riots became more frequent, often resulting in death and destruction. Pres. Lyndon Johnson’s National Advisory Com- mission on Civil Disorders issued in early 198 what became known as the “Kerner Report,” which declared that the nation was “moving toward two societies, one black, one white — separate and unequal.”2 Later that year, the City Club of Portland published a document titled Report on Problems of Racial Justice in Portland, its own version of the national study. The report documented evidence of racial discrimination in numerous institutions, including the police bureau. The section “Police Policies, Attitudes, and Practices” began with the following statement: The Mayor and the Chief of Police have indicated that in their opinions the Kerner Report is not applicable to Portland. Satisfactory police-citizen relations are not likely to be achieved as a reality in Portland in the absence of a fundamental change in the philosophy of the officials who formulate policy for the police bureau.
    [Show full text]
  • STAT£ Library Onlypam P
    A0D0D304b55flb3 . 8V94/2 :988/9 OREGON c. 1 0 cr 1 8 1988 SPECIAL LOAN STAT£ library ONLYpam p ' • • *- ' •«* STATE OF OREGON GENERAL ELECTION NOVEMBER 8,1988 Compiled and Distributed by Secretary of State This Voter's Pamphlet is the personal property of the recipient elector for assistance at the Polls. BARBARA ROBERTS SALEM, OREGON 97310-0722 SECRETARY OF STATE l« 5 » Dear Voter: Oregonians have a right to be proud of our Voters' Pamphlet. It is Oregon's strongest and most visible symbol of commitment to the democratic voting process. Since 1903, the Voters' Pamphlet has helped Oregonians make choices for their future. This pamphlet provides you with the opportunity to learn about candidates and measures on the General Election ballot in Oregon. It containes three referrals from the 1987 Legislature, five measures initiated by the people, and information on national, state, and local candidates. We have also supplied voters with information on handicapped accessible polling places, voter registration, and the form to apply for an absentee ballot, if needed. Please read your Voters' Pamphlet carefully and cast your vote on Tuesday, November 8th. Sincerely Barbara Roberts Secretary of State On the Cover Crowd in front o f City Hall (on left) welcomes first Oregon electric car in downtown Hillsboro. September 30, 1908. Photo courtesy o f the Washington County Museum. INFORMATION GENERAL VOTER REGISTRATION Your official 1988 General Election Voters’ Pamphlet is divided You may register to vote by mail or in person if: into separate sections for MEASURES and CANDIDATES. Page 1. You are a citizen of the United States; numbers for these sections are listed under CONTENTS on this 2.
    [Show full text]
  • ATTACH RESUME PERSONAL INFORMATION: Vance W. Tong
    Today’s Date: City of Oregon City Application for Appointment APPLICATION – CITY COMMISSION APPOINTMENT To City Commission April 15, 2021 Please type or print clearly Position No. 4 MUST BE RECEIVED IN CITY RECORDER’S OFFICE BY APRIL 26, 2021, 4:00 P.M. ATTACH RESUME CITY COMMISSIONER POSITION #4 : Appointment valid through December 31, 2022 PERSONAL INFORMATION: Name Years of Residency in Vance W. Tong Oregon City? 7 Street City/State/Zip Registered Voter? Oregon City, OR 97045 ✔Yes No E-mail Address Home/Cell Phone Work Phone EDUCATION: Years Completed Degree(s) 4 Bachelor of Science, Political Science Colleges: Oregon State University EMPLOYMENT: Current Employer Name/Address Position How long? Pamplin Media Group Director of Operations 8 years Previous Work Experience Certifications ( See attached resume ) Google Analytics (attached) COMMUNITY INVOLVEMENT: (Attach additional pages, as necessary) Do you presently serve in any appointive position on a Board, Commission or Committee? ✔Yes No If yes, what Board, Commission or Committee: I currently chair the Economic Development Commission for Clackamas County. List previous involvement on Boards, Commissions or Committees and/or other community interests/activities: Transportation Advisory Committee; Government and Economic Affairs Committee Send completed application packet to: City Recorder’s Office, 625 Center St., Oregon City, OR 97045 or e-mail to [email protected], or Fax to 503-657-7026. Questions? Call 503-496-1505 In 50 words or less, explain why you would desire appointment to the City Commission. I want to continue to contribute to the community by serving as a city council member and being a part of what I believe is a bright future for Oregon City.
    [Show full text]
  • Case 3:07-Cv-00413-AC Document 114 Filed 03/16/16 Page 1 of 91
    Case 3:07-cv-00413-AC Document 114 Filed 03/16/16 Page 1 of 91 Nell Brown Mark Ahlemeyer Assistant Federal Public Defenders 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 Telephone: (503) 326-2123 Facsimile: (503) 326-5524 E-mail: [email protected] [email protected] Attorneys for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON No. 3:07-cv-00413-AC FRANK E. GABLE, REPLY TO RESPONSE TO BRIEF IN SUPPORT OF Petitioner, AMENDED PETITION FOR WRIT OF HABEAS v. CORPUS ORAL ARGUMENT REQUESTED MAX WILLIAMS, EVIDENTIARY HEARING Respondent. REQUESTED ____________________________________ Case 3:07-cv-00413-AC Document 114 Filed 03/16/16 Page 2 of 91 TABLE OF CONTENTS I. INTRODUCTION. ............................................................................................................. 1 II. THE COURT SHOULD REJECT THE STATE’S ARGUMENT THAT THE PETITIONER HAS NOT DEMONSTRATED INNOCENCE UNDER SCHLUP........... 2 A. Petitioner’s Evidence Of Innocence Is Reliable. .................................................... 3 1. The Recantations Are Corroborated By The Witnesses’ Initial Statements Denying Knowledge. ................................................................ 4 2. The Recantations Are Corroborated By Scientific Evidence Demonstrating The Trial Testimony Is The Product Of Interrogation Tactics That Tend To Produce False Statements. ....................................... 5 a. The Task Force’s Use Of The Reid Method Produced False Statements At Trial. .......................................................................
    [Show full text]
  • Pamplin Media Group - the Rise Central Is About to Rise in Downtown Beaverton
    Pamplin Media Group - The Rise Central is about to rise in downtown Beaverton Friday, October 20, 2017 HOME NEWS OPINION FEATURES SPORTS OBITUARIES BUSINESS SHOP LOCAL CLASSIFIEDS ABOUT US FONT SHARE THIS MORE STORIES - A + < > The Rise Central is about to rise in downtown Beaverton Jules Rogers Thursday, October 12, 2017 DAILY NEWS WHERE YOU LIVE 0 Comments Beaverton Hillsboro Prineville Clackamas Lake Oswego Sandy Rembold Properties adds mixed-use Canby Madras Sellwood Columbia Co. Milwaukie Sherwood living to a downtown Beaverton group of Estacada Molalla Tigard developments. Forest Grove Newberg Tualatin Gladstone Oregon City West Linn Gresham Portland Wilsonville King City Portland SE Woodburn Happy Valley Portland SW SPECIAL INTEREST Biz Trib Wheels Public Notices Sustainable KPAM 860 Sunny 1550 Latest Comments Social Media Search SOURCE: CITY OF BEAVERTON, BY ANKROM MOISAN ARCHITECTS - A rendering of The Rise Central shows what it will look like when completed. Go to top http://portlandtribune.com/bvt/15-news/375144-255917-the-rise-central-is-about-to-rise-in-downtown-beaverton[10/20/2017 12:21:47 PM] Pamplin Media Group - The Rise Central is about to rise in downtown Beaverton Two new mixed-use buildings with all the fixings (dog and bike wash stations, retail, office, live-work units and bike storage a walkable distance from the MAX) are underway — in the suburbs. As part of the Beaverton Central development, a I Felt So compilation of projects located at the former Westgate Theater property and The Round, construction is Betrayed underway on two mixed-use buildings — called The Rise Central — which will include 230 residential units and 5,000 square feet of office space and retail space on the ground floor.
    [Show full text]
  • Trump Plan to Sell BPA Lines Misguided
    6/23/2017 Pamplin Media Group - My View: Trump plan to sell BPA lines misguided Friday, June 23, 2017 HOME NEWS OPINION (/PORTLAND-TRIBUNE-OPINION) SUSTAINABLE (/PORTLAND-TRIBUNE-SUSTAINABLE-LIFE) SPORTS OBITS (/OBITS-PAPERS/PT-OBITUARIES) BUSINESS SHOP LOCAL CLASSIFIEDS (HTTP://COMMUNITYCLASSIFIEDS.ADSPMG.COM/) ABOUT US FONT SHARE THIS MORE STORIES - A + < > (/#facebook) (/pt/10- (/pt/10- opinion/363719- opinion/363722- 243165- 244190- (/#twitter) my- letters- view- its- (/#google_plus) individual- time- response- to- needed- curb- (/#email) to- ride- stop- sharing- (/#linkedin) hate) companies) My View: Trump plan to sell BPA lines misguided Robert McCullough Thursday, June 22, 2017 0 Comments Privatizing the Pacific Northwest's largest transmission system, and selling it at a loss, would be detrimental to ratepayers across the region. Transmission rate increases of 26 percent to 44 percent would be passed directly to industrial and residential consumers. On May 23, the White House fiscal 2018 budget included a cryptic entry for the sale of the Bonneville Power Administration's transmission assets. The proposed revenues from the sale are only 80 percent of the value of the assets being sold. This raises the question of why these valuable assets should be sold at a discount — and who would get the benefit of the discounted price. If the sale goes through, it also will raise novel regulatory issues. In the most likely scenario, the proposed sale could increase transmission rates by 44 percent. In a less likely scenario, the Federal Energy Regulatory Commission might be persuaded to reduce the assessed value of the transmission assets to the proposed sale price, since the Trump administration proposes to sell the transmission system at a loss.
    [Show full text]
  • City Club of Portland Annual Report 1988-89
    Portland State University PDXScholar City Club of Portland Oregon Sustainable Community Digital Library 1-1-1988 City Club of Portland Annual Report 1988-89 City Club of Portland (Portland, Or.) Follow this and additional works at: https://pdxscholar.library.pdx.edu/oscdl_cityclub Part of the Urban Studies Commons, and the Urban Studies and Planning Commons Let us know how access to this document benefits ou.y Recommended Citation City Club of Portland (Portland, Or.), "City Club of Portland Annual Report 1988-89" (1988). City Club of Portland. 337. https://pdxscholar.library.pdx.edu/oscdl_cityclub/337 This Report is brought to you for free and open access. It has been accepted for inclusion in City Club of Portland by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. CITY CLUB OF PORTLAND ANNUAL REPORT 1988-89 CITY CLUB OF PORTLAND 88/89 Annual Report CITY CLUB OF PORTLAND 1050 LOYALTY BUILDING 317 SOUTHWEST ALDER PORTLAND, OR 97204 503-228-7231 To inform its members and the community in public matters and to arouse in them a realization of the obligation of citizenship. STAFF Nina Johnson Executive Director Sherry Oeser Associate Director Susan McDaniel Executive Assistant Karyn Keith Committee Assistant Chris Karis Secretary TABLE OF CONTENTS President's Message Page 3 The City Club Commitment Page 4 The Ballot Measure Studies Page 6 The Club Research Reports Page 8 Contributors Page 10 Friday Programs Page 12 Open Forums Page 16 Science Breakfast Programs Page 19 Officers & Board Page 20 Standing & Other Committees Page 20 Financial Summary Page 22 CITY CLUB OF PORTLAND 88/89 Annual Report As a member of this remarkable organization, you PRESIDENT'S make an important statement about your commitment to M E S S A G E the community.
    [Show full text]
  • 2019 Annual Directory 1 Our Readers Enjoy Many Oregon Newspaper Platform Options to Get Their Publishers Association Local News
    2019 ANNUAL DIRECTORY 1 Our readers enjoy many OREGON NEWSPAPER platform options to get their PUBLISHERS ASSOCIATION local news. This year’s cover was designed by 2019 Sherry Alexis www.sterryenterprises.com ANNUAL DIRECTORY Oregon Newspaper Publishers Association Real Acces Media Placement Publisher: Laurie Hieb Oregon Newspapers Foundation 4000 Kruse Way Place, Bld 2, STE 160 Portland OR 97035 • 503-624-6397 Fax 503-639-9009 Email: [email protected] Web: www.orenews.com TABLE OF CONTENTS 3 2018 ONPA and ONF directors 4 Who to call at ONPA 4 ONPA past presidents and directors 5 About ONPA 6 Map of General Member newspapers 7 General Member newspapers by owner 8 ONPA General Member newspapers 8 Daily/Multi-Weekly 12 Weekly 24 Member newspapers by county 25 ONPA Associate Member publications 27 ONPA Collegiate Member newspapers 28 Regional and National Associations 29 Newspaper Association of Idaho 30 Daily/Multi-Weekly 30 Weekly 33 Washington Newspaper Publishers Assoc. 34 Daily/Multi-Weekly 34 Weekly Return TOC 2018-19 BOARDS OF DIRECTORS Oregon Newspaper Publishers Association PRESIDENT president-elect IMMEDIATE PAST DIRECTOR PRESIDENT Joe Petshow Lyndon Zaitz Scott Olson Hood River News Keizertimes Mike McInally The Creswell Corvallis Gazette Chronical Times DIRECTOR DIRECTOR DIRECTOR DIRECTOR John Maher Julianne H. Tim Smith Scott Swanson Newton The Oregonian, The News Review The New Era, Portland Ph.D., University of Sweet Home Oregon Roseburg DIRECTOR DIRECTOR DIRECTOR DIRECTOR Chelsea Marr Emily Mentzer Nikki DeBuse Jeff Precourt The Dalles Chronicle Itemizer-Observer The World, Coos Bay Forest Grove News / Gazette-Times, Dallas Times - Hillsboro Corvallis / Democrat- Tribune Herald, Albany Oregon Newspapers Foundation DIRECTOR DIRECTOR PRESIDENT TREASURER Mike McInally Therese Joe Petshow James R.
    [Show full text]
  • Housing Links
    A Brief Housing Guide to Portland www.apartmentguide.com Listed below are some helpful housing resources. Residents live all over the Media Resources Portland-metro area, with Portland’s various papers have several for rent/sale each choosing a listings as well. neighborhood that best suits their needs. The main OHSU Campus is located The Oregonian (Portland’s daily paper) on Marquam Hill in the Homestead neighborhood www.oregonlive.com in downtown Southwest Portland. (Note: some of the longer links may need to be copied into your Portland Tribune (Free paper published twice web browser to work properly.) weekly) www.portlandtribune.com OHSU Off-Campus Housing Website Willamette Week (Weekly News & Culture Paper) www.wweek.com The OHSU Off-Campus Housing site has for sale/for rent listings and other useful housing- related contacts: www.ohsu.edu/housing Miscellaneous Sites Google Maps – http://maps.google.com Guide to Portland Neighborhoods (Type ‘Portland, Oregon’ for an interactive map of the city) Portland Monthly magazine has an excellent guide Public Transit (Tri-Met) – www.trimet.org to Portland’s many diverse neighborhoods. Portland has a large mass-transit system that allows The Portland Business Alliance – also has for easy, efficient commuting from several additional facts on Portland and neighborhood neighborhoods to OHSU. information Line #8 bus runs approximately 5am-midnight, Housing Search Websites with trips every 10-15 minutes to OHSU from downtown Portland; #8 also connects to all MAX There are several realty agencies and regional light rail lines. multiple listing service websites available. Express lines #61, 64, 65, 66, & 68 run directly to www.rmls.com - Portland regional MLS OHSU Mon-Fri during heavy commuter times only.
    [Show full text]
  • Portland Tribune Closer to Home
    Ducks primed for strong fi nish EDITION — SEE SPORTS, B1 Oregon leaving lone loss well behind GREATER PORTLAND PortlandT U E S D A Y , N O V E M B E R 4 , 2 0 1 4 • T W IC E C H O S E N T H E N A T IO N ’S B E S T N O N D A IL Y P ATribune P E R • P O R T L A N D T R IB U N E .C O M • P U B L IS H E D T U E S D A Y A N D T HURSDAY Sites for Court new jobs wrestles face more with cap hurdles on liability Study says luring Legal fi ght swirls big employers around $12 million depends on local verdict in OHSU case By PETER W ONG land-use action The Tribune By JIM REDDEN The Oregon Supreme Court The Tribune will hear arguments Thurs- day, Nov. 6, on whether $3 mil- On paper, the Portland area lion in damages is “substan- has enough vacant industrial tial” enough for the family of land to meet employers’ a boy whose liver operation at needs for the next 20 years. Oregon Health & Science Uni- In reality, maybe not. More versity went awry in 2009. than half the available sites need A jury in Multnomah County government help to develop, in- Circuit Court returned a $12 mil- cluding assembling adjacent BIG DREAMS, lion verdict last year against lots, annexations into cities, in- OHSU and surgeon Dr.
    [Show full text]
  • Surveillance to Art: “Flipping Around the Paranoia”1
    Featured Commentary Surveillance to Art: “Flipping Around the Paranoia”1 Kathy Carbone ABSTRACT This photo essay explores a particular (but not uncommon) historical nexus and regime of information and control—the operations and recorded remains of a police surveillance program—and the ways in which today two artists, through politico-aesthetic practices, re-vision and make public, alter and share knowledge about past invasive acts on individual privacy and previously covert documents. 1 Kaia Sand, “Poetry Performance,” (University of Alabama, April 1, 2014). Carbone, Kathy. “Surveillance to Art: ‘Flipping Around the Paranoia,’” in “Information/Control: Control in the Age of Post-Truth,” eds. Stacy E. Wood, James Lowry, and Andrew J Lau. Special issue, Journal of Critical Library and Information Studies 2, no.2 (2019). DOI: 10.24242/jclis.v2i2. 77. ISSN: 2572-1364 From the mid-1960s through the mid-1980s, police officer and terrorism expert Winfield Falk,2 along with more than 20 police officers who were part of the Criminal Intelligence Unit of the Portland Police Bureau (Oregon, USA), conducted surveillance activities on mainly left-leaning political and civic activist organizations including those involved in criminal actions as well as law-abiding groups. Below are the names of some of the groups: Image 1. The Portland Police Bureau’s (partial) list of groups that were under surveillance. Photographs courtesy of Garrick Imatani and Kaia Sand, 2014. Through the use of direct observation and informants, Portland police officers kept track of activists’ daily routines, political pursuits, and friends.3 They also monitored 2 Ben Jacklet, “In Case You Were Wondering...Intelligence Gathering Was More Than a One- Person Operation,” Portland Tribune, September 27, 2002.
    [Show full text]
  • The Portland Tribune Sources: Warning Sign Lawsuit in Works
    The Portland Tribune Sources: Warning Sign Lawsuit In Works By Jim Redden October 25, 2018 Plus, Candidates question Wheeler's protest plan and Oregon voters really think the rest of the country is different. Attorney John DiLorenzo has been retained by a group of owners of unreinforced masonry building to challenge the Portland City Council's recent requirement that all such landlords must post signs warning they could collapse during earthquakes. DiLorenzo, who won a $10 million settlement with the city over improper water and sewer bureau spending, says the requirement has several legal problems, including being based on an unreliable list of so-called URMs and different schedules for when different classes of building owners must post the signs. Buildings owned by private companies must post them by next March, but those owned by nonprofit organizations and school districts have years to fully comply. The council approved the requirement on Oct. 10 as a compromise to requiring owners to bring all URMs up to earthquake standards, which is considered unaffordable. Owners argue the sign requirement will decrease the value of their buildings. Candidates question Wheeler's plan City Hall insiders and political observers are speculating how the City Council will change when either activist Jo Ann Hardesty or Multnomah Council Commissioner Loretta Smith replaces outgoing Commissioner Dan Saltzman in January. One indication is something they might not actually vote on: the ordinance Mayor Ted Wheeler has said he will introduce to restrict planned protests by groups with histories of fighting in the past. Saltzman was the only council member to support it in a survey published by the Oregonian on Oct.
    [Show full text]