ATTORNEYS FOR three people believed to be on Portland’s
controversial secret list of downtown offenders are in a legal fight
with the city to turn over the contents of 20 cardboard boxes
containing information about the secret list program.
The contents of the boxes were allegedly compiled by Old Town cop
Jeff Myers, who—at least earlier in the year—kept a copy of
the secret list in the front pocket of his police uniform.
Defense Attorneys Spencer Hahn, Brian Schmonsees, and Lisa Pardini
filed subpoenas for the information on behalf of their clients earlier
this year. Deputy District Attorney David Hannon and Deputy City
Attorney Ellen Osoinach are fighting the subpoenas.
Hahn, Schmonsees, and Pardini’s clients have all been charged with
felonies instead of standard misdemeanors for drug possession as a
result, it is presumed, of being on the list. The list is part of the
city’s controversial Neighborhood Livability Crime Enforcement Program,
which effectively replaced the city’s Drug-Free Zones after Mayor Tom
Potter abolished them in September 2007.
The defense attorneys say their reasons for asking for the boxes are
clear: “I’ve found similarly situated defendants in my office charged
with similar crimes to my client [who’s allegedly on the secret list],
who were afforded misdemeanor treatment for their drug possession
charge,” says Schmonsees. “I do not understand the county’s rationale
for treating my client differently.”
Nevertheless, attorneys Hannon and Osoinach are now arguing that
while the boxes contain information about the program, they aren’t
legally obliged to turn them over, because they have a duty to protect
the confidentiality of the people on the secret list.
“If they’re concerned about privacy, they can redact confidential
information and we can argue about that later,” says Hahn. “But the
confidentiality argument seems disingenuous at best, since the state
identifies those on the list each time it charges certain drug
possession charges as felonies, instead of as misdemeanors.”
Hannon and Osoinach also argue that unless the defense attorneys can
say what, precisely, is in the boxes that they want access to, then
their subpoena is overly broad.
“But the idea that you can identify particular documents without
having seen the contents of the boxes is ridiculous,” says Hahn. “It’s
the kind of crap the tobacco companies were pulling in the litigation
of the smoking lawsuits.”
Attorneys for both sides are now waiting for a hearing before Judge
Dale Koch in early January, to decide whether or not the information in
the boxes will ever be divulged to the public.
“The fact that they’re not disclosing all the records to the public
and to the media is troubling, to say the least,” says Hahn.
Officer Myers is on vacation until January 11. Hannon and Osoinach
declined to comment.
More secrecy on the part of the D.A.’s office. Typical.
There is an easy fix to all of this….have the DA charge all felonies as….FELONIES! Then the DA wouldn’t have to justify why one individual was given misdemeanor treatment (for a felony offense) and another individual (who just happens to be a repeat offender) is charged with a felony.
If these lists are as much of a mess as the old Red Squad lists from the 90s were, I’m not surprised they are trying to keep them out of sight. I still have copies of some of these (obtained when they were used as evidence in a trial) and for the most part the “intelligence” contained therein was pure rubbish. Unfortunately, PPD was also sharing it far and wide, so it’s out there in who knows how many databases around the country.
There’s a fairly obvious solution to dealing with these lists–release the files to a panel of judges, with a charge to examine the information without revealing any details that would violate either law enforcement needs or the right of individuals to privacy. Shouldn’t be that hard, actually. Much safer than allowing rogue cops to carry lists around in their pocket…
R. James is right. Charge all drug crimes as felonies and let’s throw in an automatic six months in jail too. Because then the publicly funded lawyers would get paid more for the same cases, the city could get rid of the absurd community court issues/secret lists/etc issues Matt Davis has to cover, jurors would have hundreds more very fun jury trials every year, a bunch of lawyers would get to become judges, there would be absurd pressure on the system as a whole, and eventually we could get around to discussing the merits of prohibition overall without getting bogged down in the details.
How amusing. The attorney who committed a felony and should have been disbarred for conspiring with Morris Dee’s to suborn perjury from David Mazella in the civil case against I and my son is again lauded as a champion of civil rights. Eldon knows the whole truth perhaps one day he may tell all but I doubt it.
I don’t forget Portland and its justice system.
Tom Metzger
Tom, you’re a dying breed. Hurry up.
Oh, puh-leeze, Metzger. Anyone who had any dealings with the local PDX skins knew exactly who was feeding them BS.
I actually knew that little weasel Bob when he was in SF, he came back to town boasting about being plucked from obscurity (minor local thuggery), having been tapped for greatness by–YOU. What a surprise when he turned up in Portland later, and started recruiting. Not.
Of course, he really did kind of have to get out of dodge since his buddies had crossed the Hell’s Angels back in SF. Didn’t look so tough when the Angels showed up to crack their heads, guess it wasn’t as easy as luring runaways off Haight St to their squat so they could rape them.
Lie down with dogs, get up with fleas, as my mother used to say. It’s just hard to say who in this scenario is the dog, and who is the flea.
Can’t wait to hear that you’ve joined Ricky Cooper.
Loser.
Oh, puh-leeze, Metzger. Anyone who had any dealings with the local PDX skins knew exactly who was feeding them BS.
I actually knew that little weasel Bob when he was in SF, he came back to town boasting about being plucked from obscurity (minor local thuggery), having been tapped for greatness by–YOU. What a surprise when he turned up in Portland later, and started recruiting. Not.
Of course, he really did kind of have to get out of dodge since his buddies had crossed the Hell’s Angels back in SF. Didn’t look so tough when the Angels showed up to crack their heads, guess it wasn’t as easy as luring runaways off Haight St to their squat so they could rape them.
Lie down with dogs, get up with fleas, as my mother used to say. It’s just hard to say who in this scenario is the dog, and who is the flea.
Can’t wait to hear that you’ve joined Ricky Cooper.
Loser.
Tom Metzger supporting the PPB, I love it.
Pandora’s Box, while not setting the world alight with its new and innovative ideas will undoubtedly be a massive hit and rightly so. Yes, it is a reproduction of a fantastic idea but we feel we are due a quizzical fix and this title certainly delivers.
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doris.delmonte
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