This is hard for us to believe. The Portland policeman who mistakenly shot a guy with live ammunition instead of beanbag rounds last summer is turning the grand jury proceeding against him into an adversarial proceeding. And the presiding judge of the county is going along with it!
The district attorney ought to have straight-up indicted this fellow a long time ago. Maybe then this sort of craziness would not be happening. Then again, that assumes that the district attorney is actually interested in bringing charges against a police officer -- in Portland, a highly questionable assumption.
In terms of the mens rea what do you think we really have here? A reckless slob who is a train wreck with a firearm, or a sociopath who really wanted to shoot the guy with shotgun rounds instead of beanbag rounds? I think the evidence supports the former as opposed to the later. This guy shouldn't be a cop because he doesn't respond to pressure well when handling firearms. The City of Portland Risk Management folks need to kick it into gear and pay the victim big bucks to cover his past and future medical bills, impaired earning capacity and pain and suffering. Is there a criminal statute that covers this situation? I'm not so sure. In my opinion we have had far worse situations than this one involving the POPO that deserved criminal indictments. This cop is a complete screw-up, but the whole criminal indictment thing seems a bit much because it will be difficult to prove that his state of mind lines up with anything that we have on the books in terms of a law that he actually broke. If anyone has a relevant criminal statute that was violated, break it down for me.
I am astounded by this. It also confirms my opinion of Jean Mauer. It sets a very big precedence, and problems for future cases. Really, really bad call.
Speaking of Jean Maurer, one thing I've wondered for a while. She's married to Clackamas County Circuit Court Judge Steven Maurer, is she not? How does that work? It would appear that one of them doesn't live in the county where he/she a judge.
A number of years ago, the Legislature provided Multnomah County, only, a special exemption from the residency requirements for judges. Its the "Frank Bearden" exemption. Frank lived just over the Mult Co line in Clackamas Co in Lake O, where Kerr Parkway comes down the hill from Mountain Park and meets up with Boones Ferry Road.
And yes, Jean and Steve are wife and husband. At one time each was presiding circus court judge in their respective counties. Don't know if Steve still is.
"Multnomah County's presiding judge this morning quashed subpoenas issued by Portland Officer Dane Reister's lawyer that ordered Portland's mayor, police chief and nine other city and police bureau members to show up in court today.
Presiding Judge Jean Kerr Maurer also prevented Reister's lawyer from presenting any evidence as to whether, as Reister argues, the Portland Police Bureau's 'gross negligence' in its handling, storage and training of less-lethal shotguns and ammunition contributed to Reister's accidental shooting June 30." http://www.oregonlive.com/portland/index.ssf/2011/10/judge_quashes_portland_officer.html
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Comments (10)
Words fail...
Posted by Portland Native | October 24, 2011 5:11 PM
Cirque du Stumptown's Gendarmerie
w/special affects by C. Angel
http://www.youtube.com/watch?v=wqilEB6Ojfc
Posted by Mojo | October 24, 2011 5:38 PM
In terms of the mens rea what do you think we really have here? A reckless slob who is a train wreck with a firearm, or a sociopath who really wanted to shoot the guy with shotgun rounds instead of beanbag rounds? I think the evidence supports the former as opposed to the later. This guy shouldn't be a cop because he doesn't respond to pressure well when handling firearms. The City of Portland Risk Management folks need to kick it into gear and pay the victim big bucks to cover his past and future medical bills, impaired earning capacity and pain and suffering. Is there a criminal statute that covers this situation? I'm not so sure. In my opinion we have had far worse situations than this one involving the POPO that deserved criminal indictments. This cop is a complete screw-up, but the whole criminal indictment thing seems a bit much because it will be difficult to prove that his state of mind lines up with anything that we have on the books in terms of a law that he actually broke. If anyone has a relevant criminal statute that was violated, break it down for me.
Posted by Usual Kevin | October 24, 2011 5:53 PM
I am astounded by this. It also confirms my opinion of Jean Mauer. It sets a very big precedence, and problems for future cases. Really, really bad call.
Posted by HMLA-267 | October 24, 2011 8:06 PM
Re: "It sets a very big precedence, and problems for future cases."
There would seem to be no end in sight to future cases, though this one will unroll in WA:
"A 10-year veteran of the Portland Police Bureau was arrested in Vancouver Monday afternoon on felony charges."
http://www.oregonlive.com/portland/index.ssf/2011/10/portland_police_officer_arrest_1.html
Posted by Gardiner Menefree | October 24, 2011 10:53 PM
For your information Some Portland Police go to jail!
http://www.kndu.com/story/15862028/former-cop-changes-plea-hours-before-trial-starts
Posted by dman | October 25, 2011 12:02 AM
What Usual Kevin said. Indict him for what? Incompetence? Fire him, pay the civil settlement, and hire better in the future.
Posted by boycat | October 25, 2011 4:31 AM
Speaking of Jean Maurer, one thing I've wondered for a while. She's married to Clackamas County Circuit Court Judge Steven Maurer, is she not? How does that work? It would appear that one of them doesn't live in the county where he/she a judge.
Posted by boycat | October 25, 2011 4:40 AM
boycat -
A number of years ago, the Legislature provided Multnomah County, only, a special exemption from the residency requirements for judges. Its the "Frank Bearden" exemption. Frank lived just over the Mult Co line in Clackamas Co in Lake O, where Kerr Parkway comes down the hill from Mountain Park and meets up with Boones Ferry Road.
And yes, Jean and Steve are wife and husband. At one time each was presiding circus court judge in their respective counties. Don't know if Steve still is.
Posted by Nonny Mouse | October 25, 2011 12:15 PM
Today is another day in grandjuryland:
"Multnomah County's presiding judge this morning quashed subpoenas issued by Portland Officer Dane Reister's lawyer that ordered Portland's mayor, police chief and nine other city and police bureau members to show up in court today.
Presiding Judge Jean Kerr Maurer also prevented Reister's lawyer from presenting any evidence as to whether, as Reister argues, the Portland Police Bureau's 'gross negligence' in its handling, storage and training of less-lethal shotguns and ammunition contributed to Reister's accidental shooting June 30."
http://www.oregonlive.com/portland/index.ssf/2011/10/judge_quashes_portland_officer.html
Posted by Gardiner Menefree | October 25, 2011 12:34 PM