Saturday, May 26

Portland Police Advise iPhone Users Not To Stare, Zombielike, At Their Devices

News Portland police yesterday announced that they'd caught that most elusive brand of criminal, the smar... More

May 25, 2012 12:32 pm by COREY PEIN  | Comments 1
 

Oswego Lake Access Issue Heads to Federal Court

Lawsuit says the city has a responsibility to “protect and preserve the public’s right of access to and use of the Lake.”

News A federal judge may decide if Oswego Lake is open to the public. A lawsuit filed this morning in U.... More

May 24, 2012 01:16 pm by Martin Cizmar  | Comments 9
 

Oregonian's Sister Paper To Cease Daily Publication; Updated

News In another sign of the difficult financial realities for print newspapers, the New Orleans Times-Pic... More

May 24, 2012 09:20 am by NIGEL JAQUISS  | Comments 2
 

Oregon Senators Back Bill Aimed At Citizens United

News Speaking of money in politics… U.S. Sen. Jeff Merkley (D-OR) is among those speaking on the Senate... More

May 23, 2012 11:08 am by Corey Pein  | Comments 0
 

Schools Miss Out on $40 Million in Energy Savings

News An audit by the State of Oregon has found school districts missed out on $40 million of potential en... More

May 22, 2012 03:10 pm by CODY NEWTON  | Comments 0
 

Phil Knight Also Contributes To Higher Ed PAC

News We're not going to record every donation to the new political action committee called Oregonians for... More

May 22, 2012 08:44 am by NIGEL JAQUISS  | Comments 3
 
 
 
February 9th, 2012 By HANNAH HOFFMAN | News | Posted In: Activism, Cops and Courts, Politics

Occupy Arrestees Win Their Right to Full Trials—Even Though They May Not Need It

occupypdxeviction_3802(arrest)An Occupier gets arrested during the eviction of the Occupy Portland encampment from Chapman and Lownsdale squares. - IMAGE: Steel Brooks
The estimated 160 people arrested during Occupy Portland protests in the past five months have won the right to jury trials—a legal victory that advocates say will force prosecutors to mount a case in every arrest.

Multnomah County Circuit Court Judge Cheryl Albrecht ruled Wednesday that for certain misdemeanors charges—class A and B—defendants have the right to a trial, even though prosecutors have reduced many charges to violations.

Bear Wilner-Nugent, a member of the National Lawyers Guild, who's representing Occupier Keller Henry, tells WW that many people arrested in the protests want a trial because they believe they have a constitutional right to a full airing of the charges against them.

He says that he believes the DA's office has been trying to avoid trials when it reduced many charges to violations, the legal equivalent of a traffic ticket. Violations result in a fine and no probation or jail time.

Chief Deputy District Attorney Rod Underhill declined to comment on any of the Occupy cases or Albrecht's ruling, but he says reducing misdemeanors to violations is a common practice. (Underhill, by the way, is running for district attorney.)

The ruling could mean many Occupiers won't face any punishment at all.

Wilner-Nugent says trials are expensive, and the DA’s office can drop charges if they can’t afford to prosecute them. He says forcing the state to drop the charges isn’t his strategy.

“The point of defending the charges (in court) is not to run up the meter on the state," he says. "We’re not trying to make it more expensive for expense’s sake.”

Nevertheless, he says, every Occupier he knows of plans to go to court.

“Could we resolve it? Yes, we probably could resolve it," he says, "But this case will go to trial.... I think they’ll just drop the charges. I think they should, and I think they will.”

 
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02.09.2012 at 08:17 Reply

If everyone demanded a jury trail it would force our Federal and State Government to stop prosecuting many of the unreasonable laws on the books today. Have we forgotten that in the year 1776 our Founding Fathers risked their lives for our freedom? Government now tells us what we can eat, what medicines we can take and how we should live our lives. When will the American people finally have had enough of our tyrannical repressive Government?                                             

 

02.12.2012 at 09:48

Very well said T trump..  sadly I fear that most people are too stupid to notice or care about the world they live in, and are more than content being told what to do..  :/

 

02.13.2012 at 06:00

Whooaa! Our right to a jury trial is already a Federal constitutional guarantee. If you are stupid enough you can waive the protection our Founding Fathers died for. If everyone demands a jury trial and this somehow ties up the system, the Constitution provides Congress with the Power to create more courts to meet the demands of America's Justice System. Which, BTW, is the best in the World.

 

02.14.2012 at 03:49 Reply

Perhaps there is some semblance of justice left in our court system!  We will have to see how this plays out.  I am hoping that my charges are not dropped so that I can defend myself against the false charges an dexpress my displeasure with a government that has taken my freedoms.  Thank you Judge Albrecht!

 

 
 

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