I heard back in mid-2011 that Brian Cole, a former Baker Economic Development Director, consultant, former County Commissioner, and former Nazarene Sunday school teacher, was being fingerprinted to fulfill one step in getting his arrest record, as it relates to four counts of sex abuse in the Third Degree (Class A Misdemeanor), and one of Providing Liquor to a Person Under 21 (Class A Misdemeanor), set aside in this case, which began on Halloween evening, October 31, 2009. He plead guilty to one count of Providing Liquor to a Person Under 21 (Class A Misdemeanor) on December 15, 2010.
The motion to set aside the arrest on the other counts was filed by Baker City attorney Bob Moon on October 17, 2011. It has been slow to develop, but there is reason to believe that a hearing on the motion may be set in the not to distant future. Former Umatilla County Chief Deputy prosecutor Dan Wendel, now Assistant Oregon Attorney General, is representing the state as a Special Deputy District Attorney for Baker County.
Interestingly, many of the principles in this case have worked in Umatilla County. Cole did development consulting there, Judge Garry Reynolds served there, and Wendel was a prosecutor there.
They say that after a year or so, people's memories begin to fade, certainly mine, so here are the links to my more informative posts on the subject, with the December 1, 2010 post being perhaps the most important (read down below the first two photos of County Courthouse damage issues in that post):
TUESDAY, NOVEMBER 3, 2009
Halloween Happenings: Brian Cole Cited for Furnishing Alcohol to a Minor
THURSDAY, APRIL 15, 2010
Cole Case & Baker County Birds
SATURDAY, NOVEMBER 20, 2010
Cole Case: Is Justice Delayed, Justice Denied?
TUESDAY, NOVEMBER 23, 2010
Cole Case: Justice Delayed IS Justice Denied: Reynolds Dismisses Sex Abuse Charges Against Cole.
WEDNESDAY, DECEMBER 1, 2010
Cole Case (18 months probation) & County Court House Damage [Cole was actually given 1 year bench probation]
So now, over a year after now retired Judge Garry Reynolds issued his, in my opinion, infamous decisions in the case, we have Brian Cole and his attorney returning to court to have Cole's arrest record on the dismissed charges "set aside."
I'm no lawyer (who knew!), but ORS § 137.225, Order setting aside conviction or record of arrest allows :
- "the victim to make a statement at the hearing."
- "the court shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest whether or not the arrest resulted in a further criminal proceeding."
- "Upon entry of the order, the conviction, arrest or other proceeding shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to its occurrence."
Also, under ORS § 181.548 Confidentiality of some records:
- Notwithstanding the provisions of ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) relating to public records the fingerprints, photographs, records and reports compiled under ORS 137.225 (Order setting aside conviction or record of arrest), 181.010 (Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730), 181.511 (Fingerprints, identifying data, disposition report required upon arrest), 181.521 (Transmittal of disposition report), 181.555 (Establishment of procedures for access to criminal record information), 805.060 (Law enforcement undercover vehicles) and this section are confidential and exempt from public inspection except: . . . .
So, despite the evidence produced in this case, if this motion is granted, the public record of what transpired, suppressed as it was by judge Garry Reynolds, and the arrest record for all but one charge, may disappear from the government record, and the "arrest or other proceeding shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to its occurrence."
A Note from Senator Jeff Merkley on Social Security, Taxes, the Afghan War, and the Defense Budget
Tomorrow’s a special day. 72 years ago, Ida May Fuller was the nation's first recipient of a Social Security check.
Also, tomorrow, Republicans in Florida will vote in the GOP presidential primary. But, unfortunately for seniors in Florida and across the country, the candidates are humming an all-too-familiar tune.
Stop me if you’ve heard this one before: Leading Republican presidential candidates Mitt Romney and Newt Gingrich have pushed to privatize Social Security.
Surprised? I’m not. For years, Republican leaders have been saying that “reforming” Social Security is critical if we’re going to get our nation’s deficit and debt under control.
Here’s the truth: Social Security is fully solvent, and will be through 2038. So why all the bluster? It’s a giveaway to Wall Street, plain and simple.
Republicans like Romney and Gingrich claim that breaking our promise to seniors will reduce the debt. But I have a few other ideas that are more fair and make more sense:
- End the Bush Administration’s tax cuts for the wealthiest Americans.
- End tax subsidies to big oil companies.
- End the war in Afghanistan and bring our troops home.
- Reform our outdated tax code that lets ultra-wealthy individuals (like Romney) pay a lower tax rate than their secretaries.
- Trim our nation’s bloated defense budget by cutting out unnecessary, sweetheart projects that the Pentagon doesn’t even want.
Starting with Ida May Fuller in 1940, our nation has a proud history of rewarding a lifetime of hard work with the promise of financial security in one’s golden years. It’s been the most effective anti-poverty program in the history of the world.
I’d love to hear your thoughts. Would you join me on Facebook and tell me: How is Social Security important to you and your family? Let’s have a conversation about our nation’s priorities.
All my best,
Representative Bentz's Team for 2012
Bentz Assembles Ace Team for 2012 Session
SALEM--Representative Cliff Bentz (R-Ontario) has assembled an excellent staff for the 2012 Legislative Session, which convenes Wednesday, February 1.
Andrea Goodwin, originally from Claremore, Oklahoma, will join Rep. Bentz as Legislative Director. She holds a Juris Doctorate from the University of Tulsa--College of Law, and a Bachelor's degree in Environmental Science from the University of Kansas. Ms. Goodwin has previously worked as a Legal Intern for the U.S. Senate Environment & Public Works Committee, sat on the Executive Board for the Energy Law Journal, and served as the Student Editor-In-Chief for the American Bar Association's Year in Review: Section of Environment, Energy, and Resources publication.
Ms. Goodwin will be a full-time employee. One half of her salary will be paid from Rep. Bentz's campaign account (money donated by supporters of Rep. Bentz), and one half will be paid by the state. Ms. Goodwin will focus on legislative analysis, hearings, policy issues, and strategy.
Cheryl Williams of Dallas, Oregon, will manage the Salem Capitol office as Receptionist/Scheduler. Mrs. Williams holds a Bachelor's degree in Office Administration from Eastern Washington State University. She most recently worked as an Administrative Assistant for Home Aid Northern Virginia and the Northern Virginia Building Industry Association before retiring in 2008.
Although Mrs. Williams will be a full-time employee, all of her salary will be paid from campaign contributions received by Rep. Bentz. She will schedule meetings, email correspondence, and help manage mail and paper flow.
Andrea Dominguez, of Ontario, Oregon, will act as Rep. Bentz's Chief of Staff for the 2012 Session, and will continue to manage the day-to-day operations at the district office in Ontario. She has been a member of Rep. Bentz's staff since August 2009. Mrs. Dominguez holds a Bachelor's degree in Media Arts with a concentration in Journalism from Eastern Oregon University and an Associates' degree from Treasure Valley Community College.
Mrs. Dominguez is a full-time employee. Her entire salary is paid for by the state. She will continue to work on research projects, constituent concerns, and Eastern Oregon issues.
William Newell, a junior at Willamette University originally from Newton, Kansas, will join Rep. Bentz's staff as a volunteer Legislative Intern. He has previously worked for Rep. Vicki (R-Salem) Berger writing and researching legislation, and is currently attending Willamette University on an academic and debate scholarship.
Andres Oswill, a native of Pleasanton, California, and a freshman at Willamette University, will also be joining the Bentz staff as a volunteer Legislative Intern. He is a founding member of the Willamette College Republicans, and wrote Congressional panel simulations and case law for the "We the People-Unit 6" organization in California.
Mr. Newell and Mr. Oswill will both focus on bill research, policy analysis, the legislative process, and committee research.
Each legislator is allocated funds for 1.5 FTE positions during the one month Session. As indicated, Rep. Bentz will use contributions made to his re-election campaign to pay for additional staffing.
Rep. Bentz said, "Having these great employees working in both Eastern Oregon and Salem will provide District 60 with a significant advantage in the legislative arena. Not only will we be able to research and develop informed positions on issues during the 2012 Legislative Session. We will be able to get a head start on the 2013 Legislative Session. I truly appreciate the fact that money contributed to my campaign account can be used to better serve the constituents in my District and Eastern Oregon."
"I welcome you to stop by my offices in Salem or Ontario during the Session to say hello and witness our legislative team in action."
258 S. Oregon St., P.O. Box 1027, Ontario, OR 97914
900 Court St. NE, H-475, Salem, OR 97301