DETECTIVES MAY HAVE PREJUDICED JURORS

GRANTS PASS - A series of motions being heard in Josephine County Circuit
Court could result in the dismissal of 260 pending felony indictments, if a
judge decides that grand jurors were prejudiced by earlier contacts with
narcotics detectives.

During the first day of testimony on the motions Friday, Benton County
Presiding Judge Robert Gardner admitted being troubled by the unusual case.

"I've never been in the grand jury room," Gardner said. "Nobody knows what
happens in the grand jury room, and that's a concern of the court." Gardner
is hearing the case because Josephine County's four judges recused themselves.

Testimony on Friday revealed that narcotics detectives provided two- to
three-hour secret orientations about drugs to Josephine County grand
jurors. They then often reappeared later before those grand juries as
witnesses in specific cases and sometimes received tips from grand jurors
about drug crimes.

Defense attorneys claim such orientations about drugs and sexual abuse
prejudiced grand jurors.

Gardner refused Josephine County District Attorney Clay Johnson's request
to lift a stay on all cases not involving drugs or child sexual abuse.

"These motions have been filed with regard to every felony case," Johnson
said. "The system has come to a screeching halt." "I recognize the issue
and that these cases are stacking up in the system, but I'm not prepared to
rule on it," Gardner said.

Earlier in the day, Oregon State Police Lt. Dan Durbin testified that his
drug orientations sometimes led to discussions of related crimes such as
child neglect, child endangerment, burglary, theft and assaults.

David Claar, a retired detective with the Josephine County sheriff's
department, said the drug orientations provided background information that
allowed more efficient presentation of specific cases.

"When we talked about the size of a bag, they had seen the bags," he said.
"They knew the difference between heat-sealed and Ziplock. That was the
intention of the educational thing that we did, so that when officers
testified they'd know what they were talking about." But after the
orientations were over, Claar said, jurors sometimes shared information
with him.

"Afterward, some of them would come up to me and talk about personal things
or give me information about drug activity," he said. "It was just a tip,
like any other tip that came in." Grand jurors in at least five other
Oregon counties - Jackson, Clatsop, Marion, Deschutes and Douglas -
received similar orientations, prompting defense attorneys in those
counties to consider similar challenges to pending felony indictments.

The hearing continues April 4.