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This page contains a single entry from the blog posted on March 21, 2007 10:31 AM. The previous post in this blog was Game report: Blazers 100, Wizards 98. The next post in this blog is Media death watch, Portland edition. Many more can be found on the main index page or by looking through the archives.

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Wednesday, March 21, 2007

New felony defense in Multnomah County: "He was depressed"

Here's a good one. If you're a parole officer, and you steal pot out of evidence and smoke it in front of your colleagues at a party, that's not a crime that Multnomah County is going to prosecute you for.

It seems that if you're a law enforcement officer, being "very depressed" because you have some stage of Parkinson's disease is a valid defense for that kind of conduct. Being "very depressed" apparently includes your state of mind at a Christmas party that you're throwing at your own house.

Chalk another one up for Mike Schrunk. "We got him to resign -- that's good enough." Sounds like this case. Or this one. Or this one.

The guy makes a lot of deals. Maybe after 26 years, it would be healthy to have a fresh face making the deals.

Posted at 10:31 AM | Bookmark and Share

Comments (17)

Oh, and he will get his PERS pension. Not to mention unemployment!

while I certainly sympathize with the unfortunate
nature of the man's illness and recognize that at
the root of it all is the unending controversy in
absurdity of the criminal status of marijuana in an
age of enlightenment for so many of us.

Having said that, anyone who's followed Mike Schrunk's
"legal career" as our District Attorney clearly sees him
as a MIKE SKANK when it comes to his so-called "lawyerly
skills" in that he has helped facilitate the gaming of the
system so that well-known killer-cops like Nice, Humphreys,
McCollister, Besner, Sery, et al simply skate their own darn
skanky butts past the jail without even a look inside.

This FACT alone demolishes any illusions he may harbor
that he is a "pillar of this community"! Hardly is growing
assessment of more and more out here.

As for the only positive thing to say about him is this...
he's old and worn out and one hopes he is soon to RETIRE,
then we can be damned and done with him and his so-called
sense of "justice" hoping the next one has a firmer gripe on
the concept!

Have a good day!

"where one of Afzal's coworkers recognized the container holding the weed as one seized from an offender"

Love the slang. Sort of revealing!

The apples don't fall very far from the tree.

Specifically on this case, I can't get worked up about Schrunk's decision. This guy has no criminal history and is well-respected by his colleagues. He gets a fatal diagnosis of Parkinsons (a disease that can also have a neurological impact) and he does something totally out of character. He voluntarily reports what he did to his boss, and he loses his job.

Personally, I want prosecutors to use discretion in cases like this. Past good deeds should matter, and the criminal justice system shouldn't punish people harshly for one mistake.

It has become clear over the years, and in the wake of abuse cases cited by Jack (and others uncited), that the Multnomah Co. DA has little interest in engaging in meaningful oversight of law enforcement in Portland. Indictments that would be routine against a private citizen become “impossible” to procure from a grand jury when the subject of investigation is an officer. Charges are minimized with an acceptable solution being a reprimand or other such administrative remedy. None of us can be so delusional as to believe that a “reprimand” would be acceptable if any other Portland resident were the subject of investigation.

I blame the Mayor and Commissioners for this too, for their constant unwillingness to demand results from the DA. I think it is time that internal investigation be removed from the DA’s purview. We should consider a permanent independent special counsel, with the inherent ability to convene a grand jury, and a permanent small staff of investigators to oversee law enforcement at all levels in the city. This position would not report to the DA, the Mayor, or the City Commission, but rather to a revived and recreated Citizens Police Accountability committee. Just a thought….

While other cases may indeed need more investigation, I agree with Miles (above) that the DA needs the ability to take specific circumstances into account.

Parkinson's is a fatal disease that often causes mental aberrations as well as the physical problems -- and this person has it at an unusually young age. The fact that he did something completely out of character but then turned himself in and voluntarily resigned has to be (and was) considered.

He voluntarily reports what he did to his boss...

How convenient a description. His co-workers (at least one of them) were going to turn him in anyway.

One, he stole the weed and two, he smoked it in front of witnesses. Here's a scarier, but plausible, explanation: He was so sure that his buddies at the party were cool with both acts, that he felt no compunction about firing up the stolen dope.

He miscalculated, got busted, and here we are. On the hook for PERS (probably) and unemployment (possibly).

I guess I missed the part about being held to higher standards and all that twaddle.

Book 'im, Dano!

I have two close friends with Parkinsons. One diagnosed in his late 40's and one in mid 50's. Plus I have had several clients with Parkinson. I believe everyone of them would object to the biased treatment being received by Afzal. Many of us have health impairments but seek no special treatment. If Afzal could hardly walk as reported, then how could he perform his security job? Why hadn't he quite, or been fired, or reassigned. Most of us would make arrangements to change our lives to fit our abilities. Why PERS and unemployment and all the other benefits? Plus, he committed an alleged crime that should be prosecuted.

Just reading about Portland's DA non-action concerning Afzal makes me depressed. Now, do I get PERS and my unemployment check--oh, severance package and past sick leave time too? Then the "Oh" will probably write up a sob-story and start a fund for me; then I can write up a heartbreaking book.

The guy stole evidence and smoked it. I don't care how "nice a guy" he is. That's serious crap that deserves some criminal sanction. Even the first time you do it.

You want to strip this poor S.O.B. of his pension because went crazy and stole a little pinch of herb and smoked it in front of his co-workers? His pension is probably VESTED which means it can't be taken from him EVER no matter what he does...so forget about it. Maybe he should have gotten prosecuted and given what...probation? O.K. let's visualize him out there with his walker and the orange safety vest doing his 100 hours of community service picking up garbage along side the freeway.

So let's say you get horribly terminally ill and become severely depressed to the point you can't think straight and you do something really F-ing stupid? It's not like he's Bernie G. or Derek F. who are guys who are supposedly sane and should have know better and get paid big bucks to know better. This is some piss ant who makes something like 40K a year. Have a little heart and stop kicking a guy while he's already in the gutter gasping and wheezing.

you get horribly terminally ill and become severely depressed to the point you can't think straight and you do something really F-ing stupid

If it's criminal, you're charged. Look, I know people with Parkinson's. It is NOT an excuse for this kind of crap. And if a non-boy-in-blue did it, they'd be charged.

He can have his pension, but for him to collect unemployment is as crooked as his stealing the pot.

You're the ex-prosecutor, right? Uh huh. Circle those wagons. Big Mike -- pure as the driven snow. Can do no wrong.

"He was depressed". Fine. Smoking weed? not a big deal. But stealing evidence and lying about it? And getting away with it? Wow. Where's that evidence room? I want a piece of this action.

"He can have his pension, but for him to collect unemployment is as crooked as his stealing the pot"

I don't think it's certain he will get unemployment -- the state decides that, not the county. All the county said was that they wouldn't fight it. And the unemployment folks typically take a dim view of people who resign voluntarily (which is probably what the paperwork says) or who are fired -- versus those who are downsized or laid off.

"Have a little heart and stop kicking a guy while he's already in the gutter gasping and wheezing."

Like James Chasse?

Gee. When an 18-year-old kid became severely depressed to the point he couldn't think straight and did something really F-ing stupid, the cops shot him.

And when a guy walking in Portland was so mentally confused to the point he couldn't think straight and did something SORT OF F-ing stupid, the cops beat him to death.

And when a young man in Sandy became so injured he couldn't think straight - and did NOTHING really F-ing stupid - the cops shot him.

I'll save my compassion for those, thank you very much.

"I'll save my compassion for those, thank you very much."

Sounds like you're more into venting your rage at authority than expressing compassion.

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In Vino Veritas

Dom Martinho, Tinto 2005
Chateau St. Jean, Cabernet, California 2007
Kirkland, Napa Cabernet 2007
Revelry, The Reveler, 2007
Joseph Drouhin, Chablis 2006
Altos Las Hormigas, Mendoza Malbec 2008
Alodio, Ribeira Sacra Mencia 2007
Charles Smith, Kung Fu Girl Riesling 2008
Kiona, Lemberger 2006
Chateau Ste. Michelle, Columbia Valley Merlot 2005
Paranga, Kir-Yianni 2005
L. Guigal, Cotes du Rhone Rose 2007
Gloria Ferrer, Sonoma Brut
Kirkland, Napa Valley Meritage 2006
Abacela, Tempranillo 2006
Woodward Canyon, Columbia Valley Red
Santa Margherita, Pinot Grigio 2007
Mas Donis Barrica, Celler de Capcanes Red, 2005
Three Rivers, Merlot 2006
Raptor Ridge, Pinot Gris 2008
Lezaun, Rosado, Navarra
Lezaun, Red, Navarra
Hedges, Three Vineyards, Red Mountain 2005
Raptor Ridge, Pinot Gris 2008
Vega Sindoa, Cabernet-Tempranillo 2006
Inama, Soave Classico 2007
Alois Lageder, Lagrein Rosato 2008
Broglia, Gavi 2007
Marqués de Cáceres, Rioja Rose 2008
Spaltagna, Riserva Pinot Noir 2008
Portuga, Rose 2008
Warre's Warrior Port
Lange, Pinot Noir 2007
Chateau Guiraud, Le G, 2007
Falset, Garnacha Rose, Montsant 2006
Castello di Bossi, Chianti Classico 2004
Domaine Chandon, Pinot Noir, La Riviere Sonoma 2006
Brazin, Old Vine Zinfandel, Lodi 2006
B.R. Cohn, Silver Label Cabernet 2006
Casillero del Diablo, Cabernet 2007
Gentil Hugel, Alsace 2006
Mesoneros de Castilla, Ribero del Duero, Rosado 2008
Cor, Momentum 2007
Santa Margherita, Pinot Grigio 2006
Rubico, Lacrima di Morro d'Alba 2007
Gilstrap Brothers, Reserve Merlot 2003
Conundrum 2007
Chandler Reach, 36 Red
Santa Rita, Reserve Cabernet 2005
Marietta, Old Vine Red Lot 47
L'Ecole No. 41, Recess Red 2006
Dom Martinho, Red 2004
Beaulieu, Georges Latour 1994
Caymus, Cabernet 1995
Columbia Winery, Merlot 2005
Bergevin Lane, Columbia Valley Cabernet 2005
Savigny-les-Beaune, Les Lavieres 2003
David Hill, Reserve Merlot, Rogue Valley 2006
Educated Guess, Cabernet 2006
Maquis Lien, Red 2005
Charles Smith, Kung Fu Girl Riesling 2007
David Hill, Farmhouse White
Robert Mondavi Solaire, Cabernet 2005
Castello Monaci, Liante, Salice Salentino 2006
Ricardo Santos, Malbec 2006
Quinta da Espiga, Tinto 2006
Charles Smith, Holy Cow Merlot 2006
Charles Smith, Boom Boom Syrah 2006
Charles Smith, The Honorable Pinot Gris 2007
Santa Rita, Cabernet Reserva 2005
King Estate, Pinot Gris 2007
Gloria, Douro, Tinto 2002
Bogle, Petite Sirah Port, Clarksburg 2005
Cardwell Hill, Pinot Noir 2004
Silkwood, Red Duet Cabernet-Syrah 2004
Portuga, Vinho Branco 2006, 2007
Osborne, Solaz 2004
Santa Rita, Cabernet, Reserva 2005
Penfold's, Koonunga Hill, Shiraz Cabernet 2006
Chateau Ste. Michelle, Cabernet, Indian Wells 2004
Chateau Ste. Michelle, Merlot, Horse Heaven Hills 2004
Hannah Nicole, Red 2004
Penfold's, Koonunga Hill Shiraz Cabernet 2005
Protocolo, Red 2005
Woodbridge, Chardonnay 2006
Portuga, Vinho Branco 2006
Beaulieu, Cabernet, Rutherford 1998
Beaulieu, Cabernet, Rutherford 1996
Kirkland, Roogle Shiraz 2004
Garda, Classico Chiaretto
A to Z, Oregon Pinot Gris 2005
I Giusti & Zanza, Nemorino 2006
Treana, Marsanne-Viognier, Central Coast 2005
Fife, Syrah, "Stanford" 2000
B.R. Cohn, Silver Label Cabernet 2005
Marques de Casa Concha, Cabernet 2005
Santi, Sortesele Pinot Grigio 2006
Al Muvedre, Tinto Joven 2006
Layer Cake, Shiraz 2006
Gritti, Ca' Andrea, Umbria red 2005
Altos de Luzon, Jumilla 2004
Thomas Leithner, Zweigelt 2004
Cain Cuvee NV 3
Chateau Ste. Michelle, Merlot 2003
Meridian, Sauvignon Blanc 2005
Canoe Ridge, Merlot 2003
Paringa, Shiraz 2005

The Occasional Book

F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 64
At this date last year: 28
Total run in 2008: 28
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In 2003: 269
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