FESTIVAL ORGANIZER ATTACKS AFFADAVIT, FACES NEW CHARGES

The attorney for Harrisburg businessman and music festival organizer
William Conde on Friday attacked the validity of the affadavit used by
Linn County to support a search of Conde's home in 1998.

Just before attorney Brian Michaels disputed the affadavit, prosecutor
George Eder presented new charges related to two festivals held this
summer on Conde's Property.

Conde was arraigned on those charges Friday.

An indictment with those charges was issued Oct.20 by a Linn County
grand jury.

The indictment contains the felony charge of delivery of a controlled
substance and misdemeanor charges of frequenting a place where
controlled substances are used, endangering the welfare of a minor and
hindering prosecution.

Each of these charges is alleged in relation both to the event Conde
held July 16-18 and his event Sept. 4-6, for a total of eight counts.

Michaels emphasized that these allegations do not purport that Conde
personally participated in the delivery of controlled substances, but
relate to his serving as the organizer of an event where these
activities took place.

Michaels said there were no legal grounds for the charges.

"This is prosecutorial and law enforcement misconduct for a political
purpose," Michaels said. "A prosecutor is immune. He can charge him
(Conde) with as many things as he wants. This prosecutor is abusing
that immunity."

During most of Friday's hearing before Judge Carol Bispham, Michaels
disputed the validity of the 1998 affadavit.

Dated Sept. 14, 1998, the affadavit describes a series of drug
transactions that undercover members of the Valley Interagency
Narcotics Team (VALIANT) observed at the music festival held at
Conde's Redwood Lumber over Labor Day weekend, 1998.

On the basis of these transactions and other observations, Valiant
requested a warrant to search Conde's residence.

A search of the business site and the Conde residence took place on
Sept.16, 1998. Conde's computors were seized and Conde himself was
arrested on a charge of posession of more than an ounce of marijuana.

That felony charge is still pending, as are two misdemeanor charges
arising from the festival, endangering the welfare of a minor and the
illegal sale of alcohol.

Michaels said the information contained in the affadavit was
insufficient to justify isuuing a warrant.

Michaels said that even if everything the VALIANT team members say
they observed at the music festival is true, it would still not be
sufficient to authorize a search of Conde's residence.

You can't get into Dave Frohnmayer's house because there were a lot of
drugs used at a Grateful Dead concert or a Ducks game, Michaels said.

But Michaels is unwilling to concede that the event matched the
VALIANT officers' descriptions. He brought forward witnesses who
testified that they did not see widespread drug use or sales at the
event.

Prosecutor Eder disputed the validity of this testimony, pointing out
the limited experience of each witness at the festival.

The hearing was not completed. It will continue at a later date.