illegal aliens

A 58-year-old woman whose car struck a visually impaired Salem author while she was high on two drugs and legally blind was sentenced Tuesday to 70 months —almost six years — in prison.

Paige Clarkson, a Marion County deputy district attorney, said that Rose Litherland was high on both methamphetamine and marijuana on May 29 when she drove through the intersection at 17th and Chemeketa streets NE and hit John Dashney, 70, in the marked crosswalk.

“She did not see him and barreled through the crosswalk,” Clarkson said.

She did not have a valid driver’s license and is legally blind — although her attorney James Susee clarified that she has cataracts and could see well.

Dashney, an author of children’s books who is blind, suffered a broken back and ribs, punctured lungs, a blood clot on his kidney and a large cut to the back of the head.

He was in critical condition for several weeks before he was released from Salem Hospital on June 21. He is still receiving rehabilitation treatment, but is otherwise back up and walking, Clarkson said.

“He was not expected to survive his injuries … Frankly Mr. Dashney is lucky to be alive today,” Clarkson said. “Now he’s back to doing what he loves, signing and writing children’s books.”

In court Tuesday, Litherland pleaded no contest to a Measure 11 charge of second-degree assault and guilty to driving under the influence of intoxicants.

Litherland answered all of Judge Broyles’ questions with a yes or no, and did not say anything when given the chance.

“I think she’s very remorseful, she just doesn’t show it,” Susee said.

Clarkson said Dashney’s medical expenses are more than $300,000, but asked for a six-month delay in submitting a final amount of restitution in the case.

Susee said that Litherland is a permanent resident but is originally from an island in the South Pacific. He said that she was unemployed and would likely be deported so expressed doubts about her ability to pay.

“I’m hopeful that Mr. Dashney won’t have to suffer a financial loss,” Clarkson said. She said, however, that she will work to make sure that Litherland is held accountable for the costs. Read more about Woman sentenced in DUI crash that injured Salem children's author

PHOENIX - A federal judge has ruled that Arizona authorities can enforce the most contentious section of the state's immigration law, which critics have dubbed the "show me your papers'' provision.

"With this provision, Arizona makes a clear statement that it will not tolerate sanctuary city policies, and will now have thousands of additional officers to collaborate with the federal government as state and local law enforcement do what they always have: enforce the law," said Arizona Gov. Jan Brewer in a statement.

The ruling Wednesday by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law's requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country illegally.

"The governor is pleased with the ruling," said Matthew Benson, spokesman for Brewer. "This will clear the way for the heart of SB 1070 to be implemented and enforced in accordance with the law. It's been a long time coming. We've been waiting for more than two years for SB 1070 to finally take effect."

The requirement has been at the center of a two-year legal battle that culminated in a U.S. Supreme Court decision in June upholding the requirement.

Opponents then asked Bolton to block the requirement and argued it would lead to racial profiling of Latinos.

Less controversial sections of the law have been in effect since late July 2010.

The governor's office says the law is expected to go into effect shortly. Read more about Judge OKs 'show me your papers' portion of SB 1070

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated August 1, 2012 DOC indicated there were 14,215 prisoners incarcerated in DOC’s 14 prisons (See attachment).

Not included in DOC’s August 1st Inmate Population Profile was DOC data indicating there were 1,240 foreign nationals (criminal aliens) incarcerated in its prison system (See attachment).

All 1,240 criminal aliens incarcerated on August 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for identifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC August 1st prison population (See table).

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08rtf – 01 AUGUST 12.rtf and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

Comparing DOC criminal alien incarceration numbers from August 1, 2008 (1,077 criminal aliens) and August 1, 2012 (1,240 criminal aliens), the DOC prison system incarcerated 163 criminal aliens more than it did on August 1, 2008, a 15.13% increase (See table).
 

An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, August 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.” Under ORS 181.850, Section (2), Oregon law enforcement may exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.leg.state.or.us/ors/181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, or maim Oregonians.

I ask the Oregon Legislature to please introduce, support, and pass legislation to fight foreign national crime in the next Oregon State Legislature legislative session.
  Read more about 1,240 foreign nationals (criminal aliens) incarcerated in DOC prison system

In a 5 p.m. Friday news release, Assistant U.S. Attorney Ann Birmingham Scheel, acting on behalf of the United States Department of Justice, announced her office "is closing its investigation into allegations of criminal conduct" by current and former members of the Maricopa County Sheriff's Office and the Maricopa County Attorney's Office. Federal prosecutors have advised Maricopa County Attorney Bill Montgomery of the decision.

In a four-page letter to Montgomery, Scheel explained the reasoning for the decision.

Federal prosecutors decided to not prosecute matters tied to alleged misuse of county credit cards by sheriff's officials, alleged misspending of jail-enhancement funds and other matters. The U.S. Attorney's Office had already made public it would not pursue charges on those matters.

Scheel wrote that the agency declined to initiate any state criminal charges arising from its broader appointment to pursue state charges that may have come up in connection with the federal investigation. Several federal attorneys had been deputized to handle state crimes arising from the investigation.

"Law enforcement officials are rightfully afforded a wide swath of discretion in deciding how to conduct investigations and prosecutions," she wrote. "Unfortunately, such discretion can act as a double-edged sword: although it empowers fair-minded prosecutors and investigators to discharge their duties effectively, it also affords potential for abuse. Our limited role is to determine whether criminal charges are supportable. After careful review, we do not believe the allegations presented to us are prosecutable as crimes."

Scheel wrote that federal prosecutors reached the same conclusion on potential federal criminal violations, specifically related to the allegations involving retired Superior Court Judge Gary Donahoe. Attorneys considered whether former Maricopa County Attorney Andrew Thomas and his former Deputy County Attorney Lisa Aubuchon committed perjury in causing a complaint to be filed to avoid a court hearing, and whether their pursuit of criminal charges amounted to a violation of federal criminal civil rights laws.

Scheel wrote that the agency was mindful that a disciplinary panel had concluded Thomas, Aubuchon, Hendershott and Arpaio conspired in a criminal manner to violate Donahoe's civil rights. "However, our obligation is different from the State Bar disciplinary panel, under its rules and burdens of proof, has reached certain conclusions about the conduct of Thomas and Aubuchon," she wrote. "We must weigh the evidence and law under the far heavier burden associated with criminal prosecution. Based on this review, we have concluded that allegations of criminal misconduct under federal statutes are not prosecutable."

She wrote it was "not enough to show that Judge Donahoe was subjected to conduct that was abusive or even unconstitutional. While Judge Donahoe suffered severe turmoil resulting from the criminal charges, as evidenced by the record in the Bar proceedings, we don't believe there is sufficient evidence to meet our burden that he suffered the sort of complete job depreciation contemplated by existing precedent."

"I'm just pissed," said Maricopa County Supervisor Andy Kunasek. "If (former Deputy County Attorney) Lisa Aubuchon and (former Sheriff's Chief Deputy) David Hendershott are not prosecuted for perjury, then this is all about politics. This is about a Justice Department that is afraid to do their jobs."

Maricopa County Supervisor Mary Rose Wilcox, one of those who has sued Arpaio alleging she was improperly investigated, said she was shocked when contacted by The Republic. "I can't imagine why they would do that when there's so much evidence there, particularly from the Thomas case and all the testimony that came out. I just am floored," Wilcox said.

Sheriff's Deputy Chief Jack MacIntyre commended federal prosecutors for their handling of the investigation that began in 2008. MacIntyre also said the U.S. Attorney's Office recognized that many of the allegations related to the anti-corruption enforcement unit Arpaio started with former County Attorney Andrew Thomas were handled in the State Bar proceeding that resulted in Thomas being stripped of his license.

"The U.S. Attorney's Office and its investigators recognized what Sheriff's Office has said all along: we did not make any prosecutorial decisions, even through things were referred to the then-county attorney," MacIntyre said. "The sheriff and the Sheriff's Office commend the U.S. Attorney's office for having the honesty, the integrity and the strength of character to make the statement that they do today: clearing this office and dispelling the shadow that's been lingering over it for over three years."

Thomas, a onetime Arpaio ally, was disbarred earlier this year. During the disbarment proceedings, testimony was given that Arpaio or his subordinates had abused the power the office. The investigation began in December 2008.

Bill Solomon, a spokesman for the U.S. Attorney's Office, said he could not comment any further on the agency's decision. He said the agency would not immediately release records pertaining to the closed investigations. Read more about Feds shut down criminal investigation of Arpaio; no charges to be filed

All summer, citizens have been crying out, 'Why doesn't somebody take this to court!' over Janet Napolitano's Dream amnesty directive.

THIS MORNING, ICE AGENTS DID . . . with the promise of help from NumbersUSA members!

In the last hour, a group of 10 federal immigration-enforcement agents -- including the president of the agents' union -- filed suit against Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton.

The suit seeks an injunction against Napolitano's June 15 directive that includes issuing work permits to a whole class of illegal aliens, estimated at 1.7 million, under the age of 31. The 10 agents of the Immigration and Customs Enforcement (ICE) section of DHS contend that the directive for the amnesty that DHS began to hand out on Aug. 15 is "unlawful and unconstitutional."

Kris Kobach, the nation's best-known immigration litigator, is leading the agents' legal team.

Chris Crane, president of the ICE Agents' Union, AGFE Council #119, is the public spokesman for the plaintiffs.

NumbersUSA, the nation's largest pro-enforcement grassroots organization, is underwriting the suit, based on the expectation of raising the necessary funds from our 1.3 million on-line activists. Read more about Federal immigration agents just now filed a suit against Janet Napolitano's DREAM amnesty

Oregon teenagers faced a challenging job market this summer.

An analysis by the Employment Policies Institute found that the state's unemployment rate in July was 30.3 percent, the third-highest among the states.

Using data from the U.S. Bureau of Labor Statistics, the institute pegged national teen unemployment at 23.8 percent. Between April and July, the number of unemployed citizens between the ages of 16 and 24 rose by 2.1 million, to 19.5 million.

“The nation’s teens have suffered through a fourth summer of difficult job prospects,” said Michael Saltsman, research fellow at EPI. “As a result, thousands are going back to school having missed out on the valuable career experience that comes from an entry-level job.”

The EPI analysis found that 19 states had teen unemployment rates of more than 25 percent from August 2011 through July 2012. Here is the breakdown:

1. California 35.4%
2. South Carolina 30.5%
3. Oregon 30.3%
4. Georgia 30.2%
5. Hawaii 29.6%
6. Arizona 28.7%
7. Washington 28.7%
8. Louisiana 27.5%
9. North Carolina 27.5%
10. Rhode Island 27.4%
11. Colorado 27.3%
12. New York 27.1%
13. Mississippi 26.9%
14. Illinois 26.5%
15. Nevada 26.3%
16. Florida 25.7%
17. New Jersey 25.6%
18. Idaho 25.1%
19. Kentucky 25.0%
  Read more about Oregon teen unemployment 30%