Planting Fabricated DNA Evidence at Crime Scene Now Possible

Once the gold standard of forensic investigation, DNA testing has now been put into question by Israeli scientists. The NY Times reports that Israeli scientists were able to take someone's blood, extract the DNA-containing white blood cells and then introduce another's amplified DNA extracted from hair. They sent the DNA sample to a top-notch American forensics lab, and guess what? It fooled them.

This means that planting fabricated DNA evidence at a crime scene is now easier to do than planting a fingerprint. Scary stuff.

by C. Michael Arnold,
Attorney at Law
Arnold Law Office, LLC

Unanimous Juries: Inconvenient Constitutional Guarantees versus Efficient Dictatorship

Oregon is one of only two states that allow non-unanimous juries in criminal trials. In today's New York Times article ("In Two States, a Lower Bar for Conviction"), Clatsop County DA Josh Marquis points out that it's simply more efficient to ignore the jury holdouts and avoid a hung jury with Oregon's 10-2 jury rule.

He is absolutely correct. It turns out that preserving our constitutional rights isn't very efficient. Despite that, our Constitution protects us from the government in several inefficient ways. For instance, the government can't take property without due process. It would definitely be easier if the government could take your home without those pesky imminent domain proceedings.

And surely it would be easier if the government could take away your guns; it's much more efficient to police the public when they are unarmed.

Our state and federal constitutions are here to protect individuals from the government. Sometimes that's inconvenient for the government. Too bad. Harry Truman said it best at a lecture at Columbia University in 1959: "Whenever you have an efficient government you have a dictatorship."

Photo: The Jury by John Morgan, an 1861 painting of a Britsh Jury

by C. Michael Arnold,
Attorney at Law
Arnold Law Office, LLC

The Jury System Works Again: Federal Jury Vindicates EPD Officer Accused of Racial Profiling

by MIKE ARNOLD, Eugene, Oregon -- Karen McCowan at the Register-Guard reported this morning that Eugene Police Ofc. Wayne Dorman was vindicated by a federal jury after an hour of deliberations regarding allegations of racial profiling.

This is another example of the civil justice system working properly. Folks can have a disagreement, in this example over race. If they cannot resolve it, they have a jury figure it out. Don't be conned by the insurance industry and special interests who claim that the the jury system is broken.

The plaintiff chose federal court over state court, which gave him a jury pool from as far south as the southern Oregon coast, as far north as Salem, and as far east as Bend. He chose this over a Lane County jury, which would have had a substantially higher percentage of potential jurors from the city of Eugene.

Consequently, this case wasn't simply the community of Eugene or Lane County deciding this dispute. It was a fair jury from a huge geographic section of the state who heard the facts and made their decision. Case closed.

by C. Michael Arnold,
Attorney at Law,
Eugene, Oregon
Arnold Law Office, LLC

Sonia Sotomayor is a right wing conservative fascist!

She is Pro-Life (Center for Reproductive Law and Policy v. Bush), pro big-business and anti-privacy (Leventhal v. Knapek), and pro-racism/anti-black (Pappas v. Giuliani)!

You can certainly pick isolated cases and say she's a supporter of just about anything, or you can honestly represent her judicial work as a whole. Beware of the talking heads and sound-bite journalism.

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

Many Oregon Insurance Arbitration Clauses Violate State Law

The link below is to a bulletin of a national insurance industry periodical. It warns insurance companies that the Oregon Insurance Commission is on the look out for violations of Oregon law regarding arbitration clauses in insurance policies.

In Oregon, an insurance policy cannot require that an insured submit to arbitration without the insured's consent. The state of Oregon has a long-time respect for the right to trial by jury. Article I, section 17 of the Oregon Constitution provides: "In all civil cases the right of Trial by Jury shall remain inviolate."

Insurance Journal: Oregon Warns Insurance Industry About Arbitration Clauses

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

Oregon's Raft and Kayak Tax Likely to Drown in Committee

According to Rep. Terry Beyer’s office (House Transportation Committee Chair), they have heard from “a lot of constituents, non-constituents, and even people from Washington” all opposed to Oregon House Bill 3447. It doesn’t sound like it’s going to even get a hearing and will thus drown in Committee.



Word about this potential boater tax travelled quickly through the Oregon and Washington online whitewater communities. Well done!

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC
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This is a follow-up on last Friday's blog: Oregon's Proposed Raft and Kayak Tax



Photo: The author's dog on the Coast Fork Willamette after the author paid gas taxes but prior to paying the post-boating beer tax.

Oregon's Proposed Raft and Kayak Tax

Oregon House Bill 3447 would require Oregonians to buy nonmotorized boat permits for their rafts and kayaks.

The biennial fee would be $50 for one boat or a maximum of $300 if you own a play boat, creek boat, inflatable kayak, raft, and cat (5 or more boats is $300 total). The maximum penalty for failing to display a permit would be $90.

Apparently this is Oregon's attempt to pay for House Bill 2220, which would require check stations to examine boats for aquatic invasive species. HB 2220 doesn't provide for any funding, thus this tax on Oregon's rafters and kayakers.

Whitewater boating is not cheap to do safely. The above photo is the author's wife rafting the middle McKenzie River at higher water.

This bill would tax our family $150 after we already injected thousands of dollars into the Oregon economy purchasing all of the gear, not to mention the hundreds of dollars in gas money and the resulting gas tax traveling around Oregon to rafting destinations.

I challenge the legislature to produce any evidence of a whitewater kayak or raft ever transferring an invasive species. Ever seen a zebra mussel attached to the bottom of a creek boat? I haven't.

Oregon's whitewater boaters do more to protect our creeks and rivers than almost any other group. Visit http://www.oregonkayaking.net/ for an example of Jason Rackley's efforts.

This bill originated in the House Rules Committee. I contacted Vice-Chair Chris Edwards' (D-Eugene/Santa Clara) office and learned that it was referred to the Transportation Committee, where Terry Beyer of Springfield is the chair. This committee has until April 17th to hear all of its bills.

Please call (503-986-1412) or email Terry Beyer's office and tell them to bury this in committee. It should never see the light of day. Call Rep. Beyer's office and say, "Please stay out of our rafts and kayaks by drowning House Bill 3447!"

Click here to find your Oregon legislator.

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC