When the watchdogs won't bite
I'm not sure quite what to make of the fact that the Clackamas County district attorney has now turned over to the state Justice Department a second high-profile criminal prosecution in less than a week. This time it's a former West Linn doctor accused of sexually abusing hundreds of patients under the guise of medical care. The other day it was a Clackamas County commissioner who's reportedly being investigated for suspected elder abuse.
In the case of the commissioner, the D.A. said he's recusing himself because the politician might have a say in his budget. Which sounded a little weak. In the case of the creepy physician, the D.A. seems to be saying that at this point only the state can prosecute him. Which also sounds a little odd. As KOIN tries to explain it –
In 2022, former West Linn doctor David Farley was the subject of a criminal investigation for the alleged sexual abuse but a grand jury ultimately issued a “not true” bill against him, meaning there wasn’t enough evidence to indict him....
Clackamas County DA John Wentworth said a new law passed in Oregon would make it easier to issue criminal penalties to doctors who sexually abuse patients. Senate Bill 974, spearheaded by Wentworth, was passed in 2023....
DA Wentworth said the introduction of the new law to hold accountable sex abusers who work in the medical field could still leave room for a criminal conviction — if the state of Oregon intervenes.
On Wednesday, Wentworth sent a letter to Oregon Attorney General Ellen Rosenblum, urging her to take over the sex abuse case against Farley....
All this tossing of the hot potatoes is a little disturbing. It reminds me of the Portland city bureaucrats who left it up to the Secretary of State to look into the alleged donation-swapping by candidates in the City Council elections. Really? Don't we have a city auditor? A county D.A.?
Maybe somebody out there with more expertise than I have can explain why the heck the local folks don't just do the work. Because when the cases get sent down to Salem, they usually wither and die.
Meanwhile, let's bet. Which of the alleged miscreants, if any, do you think the state is most likely to go after: the defrocked doctor or the shady politicians?
Oops……you are quoted in a lead NYT story today, what to do?
ReplyDelete"Meanwhile, let's bet. Which of the alleged miscreants, if any, do you think the state is most likely to go after: the defrocked doctor or the shady politicians?"
ReplyDeleteMelissa Fireside is an Emerge Oregon graduate.
Nothing will happen to her.
There's a nifty little Oregon law, ORS 180.070, that allows the Attorney General to prosecute cases that the county District Attorney won't take up ... and bill the county for the expenses.
ReplyDeletePerhaps Wentworth feared that if his office prosecuted, the defense attorney getting admited into evidence, that but for the bill Wentworth pushed, we wouldn't be here today. To avoid any appearance of vindictiveness to the jury, he farmed out prosecution to the AG.
ReplyDeleteMaybe. But wow, that's weak.
DeleteWhat does he have to lose? The public, unless they are either attorneys or political geeks, will never know. Why take any chance, if you're in his shoes, to lose a high profile case because you didn't think of this? Also, back in the day, Steve Keutzer from the AG's office tried a bunch of high profile prosecutions all over the state, just because the DAs realized he was a more talented lawyer than anyone on their roster. Sort of like bolstering your roster with the free agent you covet, but in this instance, at no additional cost.
ReplyDeleteGo back and look at the past several years, see which cases Wentworth sent to Oregon DOJ. "Conflict" is starting to look more like "Could be controversial."
ReplyDeleteOld school DAs like John Foote and Bob Hermann certainly were not perfect, but those guys just did not care about taking a few lumps politically for handling tough cases. Rod Underhill - much the same.
ReplyDeleteFireside - how irresponsible of the Clackamas County Democratic Party to put that Commission seat in this position. They knew about this months ago and let it ride. Craig Roberts too for that matter. Of course Roberts isn't inexperienced in covering things up. Let's say she does get charged and cannot take her seat - is the special election going to look any better for the D side after this fiasco?