Statesman Journal from Salem, Oregon • Page 24

Statesman Journal, Salem, Friday, January 4, 1991 Page 4D OREGONNORTHWEST Statesman Journal, Salem, Friday, January 4, 1991 LOCALOREGON Page 5D Oregon court strikes down use of wiretaps Study: Hermiston dam in danger of collapse The Associated Press search searches by police violated consti tavern, and Kathleen Stockfleth, The Supreme Court said inves first wiretap order mentioned sev The Associated Press Engineers: Finish Southern Oregon dam The Associated Press Evidence obtained by telephone wiretaps can't be used against two people accused of murder and arson in a 1986 tavern fire in Elgin, the Oregon Supreme Court ruled Thursday. The court, unanimously upholding the Oregon Court of Appeals, said authorities didn't adequately show a need for the court-ordered wiretaps. In another decision, the Supreme Court reinstated four drug convictions that had been contested on grounds that aerial eral traditional investigative techniques that were planned but hadn't been carried out, including search warrants and interviews of witnesses. The applications also "did not demonstrate that normal techniques were unlikely to succeed if tried," Graber said. The Supreme Court paved the way for its aerial search decision in a precedent-setting ruling Nov.

26 when the justices said a police fly-over of property doesn't amount to an unreasonable the seller, to whom Lassen was behind in his payments. Lassen had increased an insurance policy following a 1985 fire at the tavern. The new policy was to lapse Feb. 1, 1986. Besides felony murder and arson, Stockfleth and Lassen also are accused of theft, attempted theft, conspiracy to commit arson and conspiracy to commit theft.

Authorities obtained two orders to wiretap Lassen's telephone. He and Stockfleth were indicted by a grand jury in March 1986. tutional rights. The wiretap ruling sends the case back to the Union County Circuit Court, where it has been in the pretrial stage for nearly five years. The charges stem from a Jan.

27, 1986, explosion and fire at Odie's Cafe and Bronco Room in the northeastern Oregon town. Clarence Witty, who lived in an apartment in a building adjacent to the tavern, died in the blaze. The defendants are Michael John Lassen, who was buying the tigators didn't sufficiently meet requirements of a state law that says they must show wiretaps are needed because normal investigative techniques had been tried and failed. "We conclude that the first wiretap order was not supported by the requisite showing of necessity and that the second wiretap order was issued invalidly as a result of the first defective order," the court said in an opinion by Justice Susan Graber. She said the application for the "The dry-pool scenario allows us to protect wildlife habitat and fish spawning areas upstream until such time as the water demands develop." Stuart Stanger of the Army Corps of Engineers About plans for Elk Creek Dam Lawyer defends use of death machine Additional costs would come, in part, from designing and building the roller-compacted, concrete dam so water can flow through it, he said.

The corps has spent about $100 million on the project, which so far has been built to one-third of its planned height of 289 feet. If completed and filled, the dam's reservoir would be about 6.2 miles long and cover as much as 1,350 acres. The Josephine County Board of Commissioners on Wednesday formally backed a full-pool alternative, because it was less expensive and members said it would help solve regional water needs. Commissioner Anne Basker, who is the president of the pro dam Rogue Basin Association, said having an Elk Creek Dam without a reservoir sidesteps the region's commitment to tourism. MEDFORD Finishing Elk Creek Dam without filling its reservoir will ensure future water and flood-control needs and minimally affect fish and wildlife habitat, a U.S.

Army Corps of Engineers official said. Stuart Stanger, the corps' project manager for Elk Creek Dam, said allowing the creek to flow unimpeded through a hole in the dam would allow for flood protection, provide the option of storing water for cities and farmers, and keep the upstream area virtually unchanged for fish, deer and elk. Stanger said the plan also would wash away potential problems for Rogue River spring chinook eggs that are sensitive to the winter temperature changes a reservoir on the Rogue River tributary would cause in the river's main stem. Though its $177 million price HERMISTON The 83-year-old Cold Springs Dam is at risk of failing, and hundreds of area residents may be in danger, the U.S. Bureau of Reclamation says.

In a draft report released last month, the bureau said the dam six miles east of Hermiston is "a high-risk structure and repairs would be needed to prevent property damages and loss of life should the dam fail." The report said the dam could fail in the event of a flood when the reservoir is near capacity. An earthquake also could collapse the dam, and internal erosion and seepage of the structure embankment could lead to eventual failure. The safety of the dam has been under study for nearly 10 years. Under a worst-case scenario, the study said, 140 people could be killed and nearly 800 more put at risk if the dam wall failed at night. "The population at risk would be about 900 residents living in the flood path," the report said.

Failure of the dam also could result in losses of property, irrigation and wildlife worth more than $37 million. Included in that estimate are loss of benefits including long-term irrigation, domestic water, fish, wildlife and recreational uses that could be wiped out with the elimination of Cold Springs Reservoir and the surrounding wildlife refuge. Bill Porfily, the manager of the Hermiston, Stanfield and West- acre-feet of water and is integral to fish and wildlife habitat in the Cold Springs National Wildlife Refuge, Richard Prange, the acting regional environmental officer for the Bureau of Reclamation, said. Prange said he sent copies of the 46-page draft report to more than 100 farmers, civic and government leaders, and media outlets. The report proposes paying about $11.5 million to improve the dam, with some of the money coming from irrigators that use reservoir water.

Porfily said work needed to be done on the dam but having irrigation users pay part of the cost concerned him. He estimated that the cost of repairing the dam would increase the assessment to water users in the district by $3 to $4 an acre. Repairs would take about 18 months. "With timely congressional funding, construction could start as early as the spring of 1992," the report says. About 10,000 acres of farm land in the Hermiston Irrigation District receive water from, Cold Springs Reservoir.

The reservoir is fed by a canal, with water diverted from the Umatilla River. About 61,000 acre-feet of water flows into the reservoir in a year. Plans to improve fish flow on the Umatilla eventually call for the reservoir to be filled by water diverted from the Columbia River. tag is the highest among several possible schemes, the corps prefers the dry-reservoir alternative because it provides solutions to future needs without causing present-day problems, Stanger told the Water Forum on Wednesday. "The dry-pool scenario allows us to protect wildlife habitat and fish spawning areas upstream until such time as the water demands develop," he said.

The court-ordered environmental impact statement was released in early December. In it, the corps lists alternatives for the dam's future, including no action and operating the dam with a full reservoir, a minimal reservoir or no reservoir. The corps listed the no-reservoir proposal as its preferred alternative and is taking public comments on the plan until Jan. 28. A formal decision is due in June.

The full-pool and minimal-pool alternatives have projected costs of $168 million, about $9 million less than the no-pool concept, Stanger said. The Associated Press SOUTHFIELD, Mich. A defense lawyer foF Dr. Jack Kevorkian went on the offensive Thursday, vowing to crush a prosecutor's bid to permanently shelve the machine Kevorkian used to help an Oregon woman commit suicide. Branding Oakland County Prosecutor Richard Thompson a rogue and a charlatan, lawyer Geoffrey Fieger accused the prosecutor of using taxpayers' money to harass Kevorkian and deny terminally ill people the right to die when and as they choose.

District Judge Gerald McNally last month dismissed a first- Thompson filed against Kevorkian, 62, of Royal Oak, in the death of Janet Adkins, 54, of Portland. Adkins, an Alzheimer's disease victim, used the device to end her life June 4. McNally ruled that Adkins acted voluntarily and that Michigan has no law against assisting in suicide. Such legislation is pending. Since the dismissal of the murder charge, Thompson has filed a civil lawsuit in his own name and "on behalf of the citizens of the state of Michigan" to prevent Kevorkian from using the machine again.

Thompson obtained a temporary injunction against Kevorkian June 7. A hearing on whether that order should become permanent is scheduled today before Circuit Judge Alice Gilbert. Thompson filed the murder charge Dec. 3, six months after Adkins drove with Kevorkian to a campground 40 miles north of Detroit, lay in the back of his 1968 Volkswagen van and let him attach an intravenous tube to her arm. She then pressed a button on Kevorkian's electric-powered machine to pump lethal drugs into her body.

McNally ruled Dec. 13 after a two-ay preliminary examination that Kevorkian broke no law. Thompson said the next day that he wouldn't appeal McNally's rul ing but would pursue the civil case before Gilbert. Fieger said he would ask Gilbert to end the injunction and let his client retrieve the machine, which state police have held since Adkins' death. If necessary, Fieger said, he would demand that Thompson testify on his personal beliefs toward physician-aided suicide.

Fieger also said he would seek testimony from terminally ill people and other physicians who support the use of what he called Kevorkian's "mercy machine." "I don't know where God said the terminally ill have to suffer and can't end their own lives," Fieger said. One case dealt with Thursday involved Bill and Janet Gohring, who were convicted of manufacturing a controlled substance after officers spotted marijuana on their Baker County land Sept. 30, 1987. The same fly-over led to Dawn Session's conviction of manufacturing and possessing marijuana. In the other case, Harry Viar was found guilty of manufacturing and delivering marijuana after police in a helicopter spotted plants on his Coos County property.

Sheriff: Man died after car stalled on train tracks The Associated Press CONDON An elderly Milton-Freewater man died on the shore of the Columbia River after walking away from his stalled car, authorities said Thursday. A county deputy found the body of Wilber Gibbons, 72, Tuesday about 10 miles east of Arlington, Gilliam County Sheriff Paul Barnett said. Gibbons' car had become stuck on railroad tracks in the area after he turned off Interstate 84. He was returning from a trip to Reno, Nev. Gibbons started walking and apparently stumbled down a small bank near the river and couldn't make his way to safety, Barnett said.

Gibbons had been missing since Dec. 19. Barnett said deputies found the car on the railroad tracks Dec. 20 but thought that its driver must have gone to the freeway and received a ride out of the area. The body was about 300 yards from the car but was obscured by rocks.

Barnett said the last time Gibbons was heard from he was in Albany on Dec. 19. He apparently became stuck that night. The cause of death wasn't immediately determined, but Barnett theorized that the cold weather throughout the region Dec. 19 contributed to Gibbons' death.

land irrigation districts, acknowledged that there was some risk of the dam failing but said local residents should not be overly concerned. "If it was a dangerous deal, they wouldn't let us put a drop of water in the reservoir," he said. The Bureau of Reclamation was dam and eroding the structure, which hasn't been proven. "They only think it's going on, but they don't have any concrete evidence," he said. Porfily said an earthquake probably was the biggest threat because the dam was an earthen structure.

considering a flood of a size unheard of in the area, he said. If a such a flood were to hit, "Hermiston isn't even going to be on the map" because of the extent to which the Umatilla River would overflow its banks, Porfily said. He said the study also assumes that water is seeping through the The report lists options for handling the risk, including taking no action. However, the Bureau of Reclamation study predicts that if no action is taken, the dam will eventually fail, resulting in losses of property, wildlife habitat, irrigation water and possibly lives. The dam reservoir holds 40,000 Jack Kevorkian Faces civil lawsuit degree murder charge that Tri-Met posts anti-gang messages loan associations and credit State senator had money may harm planet's health The Associated Press despite appeal to pay debts PULLMAN.

Wash. Cows at The Associated Press State Sen. Peg John has admitted that her campaign committee wasn't in the red when she issued FOiffl STEPS TO RESCUtHG A PLANET FROM THE COMFORT University researchers want to find out how much methane cows and other cud-chewing animals produce when they belch. years in prison for cocaine dealing. It included a statement Booten made at his sentencing, regretting his affiliation with gangs.

The Booten poster immediately drew the criticism of the state Youth Gangs Task Force, a group of social service agencies and community leaders. "What we need is to get tough on families," Oregon State Police Lt. Bernie Guisto, who helped design the original poster, said. The new ad encourages parents to contact the task force with questions or concerns. A group of banks, savings and unions paid the $3,000 cost of the posters.

The posters will be on 50 buses for two months. John Canda, a youth gang outreach worker, said police estimate that there are 1,700 members of the Bloods and Crips black gangs in the Portland area and at least an additional 1,000 who are toying with the idea of joining a gang. State Police Senior Trooper Dick Stein of the state Youth Gang Strike Force said there also are about 200 members of white supremacist gangs and 100 members of Asian gangs. a tund-raising plea for $10,000 to cover what she said were immediate debts. Six days after sending an "emergency fund-raising letter," the Cot-tage Grove her campaign needed $10,000 to cover costs that included repairs to a pickup truck she said was damaged while being used to place campaign signs.

The letter did not disclose that the truck belonged to John's husband. It said the truck "incurred approximately $5,500 in damage, however, and we feel obligated to pay for it." "We have an additional $5,000 in campaign debt which must be paid immediately," John wrote. "Our task at hand is to raise $10,000 in the next two weeks, and we need your financial help right now." State Elections Director Jack Graham said that it didn't appear John violated any laws. OF YOUR OWN HOME. Democrat filed P9Jn a report with the state showing her campaign had a surplus of more than $28,000.

John, who won re-election in November, said in the letter that The Associated Press PORTLAND An anti-gang poster aimed at white, black and Asian parents has been placed on Tri-Met buses, one year after a poster of a black gang member drew criticism for possibly promoting a racial stereotype. The poster unveiled Wednesday shows small children of several races on the left and a white skinhead, an Asian and a black gang member on the right. It warns parents that the gang members will raise their children if Mom and Dad don't. The original poster depicted Timothy Booten, a black Bloods gang member sentenced to six Jail releases man who fled Oregon The Associated Press ASTORIA An Astoria man who fled the state after being ordered to begin a five-year jail sentence for first-degree assault has been released on bail from a Pennsylvania jail. Harry Flavel, 62, was arrested Oct.

22 in Willow Grove, for stealing towels from a motel, authorities said. He had left Oregon after being ordered Aug. 24 to begin the jail sentence for stabbing Alec Jo-sephson in 1983. Flavel also is wanted in Oregon on charges that he lied to the Clatsop County Circuit Court about restitution payments he was required to make to Josephson. Pennsylvania Gov.

Robert P. Casey ordered Flavel sent back to Oregon, but Flavel filed a writ of habeas corpus requiring Clatsop County authorities to prove his identity. Flavel is scheduled to appear in court in Pennsylvania's Montgomery County for a hearing on the writ Tuesday. PUBLIC NOTICES 3 Washington State University will don backpacks filled with gas-measuring gear in a study of how bovine belching might be contributing to the greenhouse effect. University researchers want to find out how much methane cows and other cud-chewing animals produce when they belch.

Researchers Brian Lamb, Kris Johnson and Hal Westberg will get $70,000 a year for three years from the U.S. Environmental Protection Agency to determine whether livestock methane can be reduced. It's a serious problem, the researchers say. Scientists have identified increased amounts of methane, and to a larger extent carbon dioxide, as being responsible for the greenhouse effect the accumulation of radiation-absorbing chemicals in the atmosphere that is thought to be causing changes in the world's climate. Most scientists agree that ruminant livestock produce about 15 percent of all methane released into the atmosphere, Westberg said.

The leading source of methane is natural wetlands, estimated to account for 20 percent of the gas. Lamb said he isn't sure whether the cow-produced methane is of global importance. But he thinks that more needs to be known. "The amount of methane in the atmosphere has increased by 1 percent a year. We need to mitigate that," Lamb said.

The plastic-and-cloth packs fit on the backs of the cattle. Each pack holds a gas monitor connected to a tube placed near the cow's mouth. The first step will be to measure how much methane the animals Ink of it As dm I i Winter white Sale. belch while they're digesting, Westberg said. Researchers hope to outfit hundreds of animals by the project's end.

No research is anticipated on cow flatulence because it's thought to be a minor source in comparison to belching, he said. Beyond next year, the researchers will study how changes in diet affect the methane produced by cows. Westberg said he eventually hopes to fit the packs on cows in as many as 10 different countries to study how the different diets of foreign cows affect methane production. Rice paddies and the natural gas production-distribution system from wells to home heaters and appliances are two other major sources of methane. Natural gas is about 90 percent methane.

The National Center for Atmospheric Research in Boulder, also is taking part in the research and will receive additional Environmental Protection Agency funding, Westberg said. The WSU researchers have another grant to study natural gas emissions. NOTICE OF PUBLIC HEARING regarding Readoption of Zoning Code Provisions Allowing INCREASED RESIDENTIAL DENSITY SUBDIVISIONS NOTICE IS HEREBY GIVEN to all persons interested and to the general public that a public hearing will be held on Monday, January 14, 1991, at 7:30 pm, in the Council Chambers, Civic Center, Salem, Oregon, to consider readoption of Salem Revised Code zoning provisions allowing increased residential density (IRD) subdivisions, previously sunset SRC Chapter 122, and reflecting a new sunset date of July 1, 1991. AT THE HEARING and any time prior thereto, a copy of the proposed ordinance may be examined at the office of the City of Salem Planning Division, Room 305, City Hall, and that copy shall be considered a part of this notice as though fully set out herein. ANY PERSON wishing to speak either for or against the proposed ordinance may do so in person or by attorney at the public hearing.

Written statements may be filed with the City Recorder, Room 205, City Hall, Salem, OR 97301, or telephone 588-6097. BY ORDER OF THE COMMON COUNCIL: December 3, 1990. Ramona Hudson, CMC City Recorder SJ January 4 11, 1991 Dated and first published December 21, 1990. J. S.

McCready, Personal Representative 15650 SEHanwood Lane Mihvaukie, Oregon 97267 503654-1048 Donald C. Walker, Attorney OSB 46048 2019 Lloyd Center PortJand, Oregon 97232-1309 503282-2577 SJ December 21 28, 1990 January 4, 1991 SAVE THIS AD same with proper vouchers within four months after the date of first publication of this notice, as stated below to the personal representative, co Asa L. Lewelling, Attorney, 11th Floor Capitol Center, 388 State Street, Salem, OR 97301, or they may be barred All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the court, the personal representative or the attorney for the personal representative. Dated and first published: December 21, 1990. Fust Interstate Bank of Oregon, A.

Personal Representative of the estate of Helen Ostrin Yagle, Deceased co Asa L. Lewelling Attorney at Law 11th Floor Capitol Center 388 State Street Salem, OR 97301 (Telephone: 581-2401) SJ December 21 26, 1990 January 4, 1991 In the Circuit Court of the State of Oregon For the County of Marion Department of Probate In the Matter of Estate of Isa H. Crawford, Deceased, NO. 90C 40866 Notice to Interested Persons Notice is hereby given that J. S.

McCready has been appointed as the Personal Representative of the above estate. AH persons having claims against the estate are required to present them to the undersigned Personal Representative in care of the undersigned attorney at 2019 Lloyd Center, Portland, Oregon 97232-1309, within four months after the first publication of this Notice, as stated below, or they may be barred All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the Court, the Personal Representative, or the attorney for the Personal Representative. Recycle Your Christmas Tree Support Community Organizations In the Circuit Court of the State of Oregon For the County of Marion Probate Department In the Matter of the Estate of Helen Ostrin Yagte, Deceased NO. 90C40881 Notice to Interested Persons Notice is hereby given that the undersigned has been appointed and has qualified as the personal representative of the estate. All persons having claims against the estate are hereby required to present the Drop Off From 9am-4pm Saturday Dec.

29 Jan. 5 $2.00 Donation NORTH 7793 Wheatland Fire Dept. River Rd.Chemawa EAST Ward Dr.45th School 3820 Cordon Grove Fire Dept. Lancaster Dr.Silverton Lancaster Dr. Center St.

-Roth's IGA 300 Cordon Corners Fire Dept. SOUTH 3540 Commercial St. Service Furniture Liberty Rd.Skyline Interstate Bank Washington court backs Walla Walla's tax on gambling The Associated Press OLYMPIA Walla Walla's city gambling tax was upheld Wednesday by the state Supreme Court, an action that will cost American Legion Post No. 32 $49,726. The post, also known as Walter C.

Lee Post, had challenged the municipal ordinance imposing taxes on revenue from bingo games, punchboards and pulltabs, and had not paid the levy since the fourth quarter of 1985. The post contended that the tax was invalid because the city did not use the money generated "primarily for the enforcement of the state gambling act as required by law." The city conceded that gambling-tax revenue is placed in the general fund and that there is no line item in the budget specifically dedicating the money for gambling enforcement. However, the city argued that the general police budget allows for such spending and enforcement of the gambling act. The high court accepted that argument. Justice Richard Guy also wrote for the unanimous court that the Legion's argument amounts to nothing more than a challenge to Walla Walla's allocation of the gambling tax.

St Ce have a serious problem on our hands: one for each kind of recyclable. Grocery bags Too much garbage, too few places to dump it. work great. Old crates or cardboard boxes, too. But you can be part of the solution.

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Step four: Place containers at curbside on IN THE DISTRICT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION CITY OF SALEM, a municipal corporation of the State of Oregon Plaintiff, 90D-301404 vs SUMMONS U.S. BANK, KEIZER BRANCH, ACCOUNT NO.0136636198, Defendant, TO: ALL CLAIMANTS OF THE ABOVE-NAMED DEFENDANTS, INCLUDING BUT NOT LIMITED TO MIGUEL ANGEL BAZAN AND AUGUS-TIN BAZAN. THE ABOVE-NAMED DEFENDANTS WERE SEIZED ON NOVEMBER 9, 1990 AT U.S. BANK, KEIZER BRANCH, 5110 RIVER ROAD KEIZER, OREGON. A COMPLAINT HAS BEEN FILED IN THE ABOVE-ENTITLED COURT.

THE CITY OF SALEM SEEKS FORFEITURE TO IT OF THE DENFEDANTS PURSUANT TO 1989 OR LAWS CH. 791. IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and answer the complaint filed against you in the above entitled action within 30 days from the date of service of this summons upon you. If you fail to answer, the plaintiff will apply to the court for relief demanded in the complaint. NOTICE TO CLAIMANT: READ THESE PAPERS CAREFULLY! You must "appear" in this case or the other side will win automatically.

To "appear" you must file with the court a legal paper called a "motion" or "answer." You must also file a cash bond in an amount equal to 10 percent of the value of the property. You must also file a "claim" if you have not already done so. The "motion" or "answer" must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiffs attorney or, if the plaintiff does not have an attoreney or, if the plaintiff does not have an attorney, proof of Bervice on the plaintiff. If you have questions, you should see an attorney immediately.

William J. Juza, City Attorney By: sGeorge B. Stevenson OSB No. 76344 Assistant City Attorney Trial Attorney Of Attorneys for Plaintiff SJ December 14, 21, 28, 1990 and January 4, 1991 i Step one: Rnd a good spot to turn into your recycling day for pick up at no extra charge Recycling Information 588-5169 your recycling area. A comer ot your garage, bo give recycling a try.

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