Front Street Weekly; 814

Oh. No. Tonight. On Front Street Weekly a question of justice. What happens when a jury convicts a man of murder and then members of that jury change their minds? And from eastern Oregon homegrown electricity a look at how $7 and a lot of work was all it took to buy a 65 million dollar company. Then it's on to Sandy Oregon, to visit a very special park that's designed for the visually impaired. Good evening and welcome to this edition of friends Street Weekly. Two years ago a young migrant worker was tried and convicted of murder in this courthouse here in Clackamas County

for the verdict didn't end this case. Didn't end the troubling doubts of some of the trials on jurors several of them now say they've changed their minds. That the man they convicted maybe innocent. "It's just embarrassing, you know, to recognize that-that I-I didn't have the guts to...when-when the time was right to just say hey! Not guilty." At the time, juror David Rawls said guilty, and help send a man to prison. Despite his doubts about the accused man's guilt. Despite his own conscience, Raul's voted to convict. He now calls himself a coward for doing so. What happens when jurors change their minds? That's the topic of this hour's conversation. Sheri Ann Jager, a juror in the same case, now confesses she too made a mistake. "I feel that because of the decision I made, and because I think it was the wrong decision, I have a responsibility to do whatever I can to change it."

Two years ago, Sheri Ann Jagger, and David Rawls, served on a jury in Clackamas County that convicted a man of murder. Now they, and two other jurors in the case, say they were wrong. That the man they helped put behind bars, possibly for life, may be innocent. "I don't think we're asking that the court-um- take-take our change of mind, as a change of their verdict but only the fact that we have changed our mind implies that there is nothing more to be investigated in this case than has come to light." The convicted murderer is a young migrant worker from Mexico and 1986 Santiago Ventura Mirallas was accused of stabbing and killing a fellow farm worker in Sandy. Ventura pleaded innocent, but after a three week trial he was found guilty, and sentenced to life in prison. In an extraordinary move, three jurors in this murder case have joined a support group for the man they convicted. Jager has visited Ventura in prison several times.

"I felt good after seeing him, I felt that was something that I needed to do. He's a very religious young man, and-uh-when he talks about-um- forgiveness, he has a need to forgive the people that he feels have harmed him." Jager wants a new trial for Ventura and is helping to raise money for a new investigation into the case. This is how, once a week she loads up her car with newspapers and hauls them to a nearby recycling center. There she trades them for cash. "There's 2, 25, 50, 75, 85 and 90." "Thank you." By all accounts the Ventura trial here at the Clackamas County Courthouse in the fall of 1986 was complex and difficult. There were language barriers. Testimony had to be translated into both English and Spanish. But even so, some say the trial wasn't fair because Ventura and some of the witnesses were Mexican Indians, whose native language was neither Spanish nor English. Witnesses say events leading up to the murder began at this migrant labor camp

In the early morning of July 13th, 1986 a fight broke out here. It continued, prosecutors say, as a group of men including Ventura got into this pickup truck and chased another car into a nearby strawberry field. I looked out the window and there were cars chasing each other through what were berries here at a really high rate of speed. Jim Shelleto remembers seeing that chase that morning. He lives next to the field where it happened. The noise woke him up. Through the darkness Shelleto says he saw three cars. The first car I saw got in behind him and then the third car came in and the man, there was quite a bit of yelling going on then. I remember hearing two gunshots and then within a few minutes there was a fire. Prosecutors say once the group of men in the pickup truck caught up with this sedan, the one they'd been chasing, they trashed and torched it. One man fired shots into the empty car. It was after this, prosecutors say, that Ventura walked over to the

driver of the sedan and stabbed Romero Lopez Fidel twice. Later that day police charged Ventura with murder. There is no doubt in my mind to this day that justice was served. Canby Police Officer Timothy Skipper who requested that his face be disguised says after interrogating witnesses and Ventura himself he was convinced of the young migrant worker's guilt. You can basically tell by looking at somebody whether they're truthful or not. And what did you notice about Santiago? His lack of making eye contact with me and the fact that his voice fluttered and he was very pale, perspiring and like I say the carotid artery was - you could tell that he was very excited in the way he spoke to me. I think they found the wrong person. Mike Curtis defended Ventura during the trial and says based on physical evidence he believes Ventura is innocent.

There was a spray of blood that went out six or seven feet from the body and spread about three feet wide. The police saw Santiago very shortly after this. Santiago had no blood on him. I think that is inconsistent with him having perpetrated this incident. There was no opportunity by anybody's version of events or anybody's testimony for him to have changed clothes or done anything to wipe away blood. Ventura had been carrying a knife, but so had others who were riding in the pickup truck with him. The knives and the gun were confiscated by police. Experts were never able to identify any one knife, including Ventura's, as the murder weapon. There was no blood on Santiago, there was no blood on his knife. There was no - no way of really, you know, no physical way of proving that he had anything to do with it.

Of the five witnesses who rode in the pickup with Ventura that early morning only one Epifanio Battista Lopez testified to seeing Ventura commit the murder. But initially on the stand, the prosecution's key witness said he didn't see anything. The court took a recess and Epifanio was hustled away by the prosecutor. A detective with a translator taken down to the district attorney's office and he came back after the recess, and he testified to observing a murder. Um.. I just found that incredible. [ROD MINOTT]: The prosecution says the mix up was due to Bautista's fear that he might be harmed. He'd apparently gotten threats warning him not to testify. They were in fear of being killed. Officer Skipper's says fear prevented two other witnesses in the pickup from saying what they had really seen. Mr Estrada, Juan Rameho Estrada and Margareto Lopez and Epephano Mattisto all stated during the interviews that they had seen

Santiago Morales jumped out of the truck and go up and stab the victim. Skipper says the statements of the two witnesses given to police were never introduced into the trial. One of those witnesses Juan Rameho Estrada only testified to seeing Ventura walk over to a white object on the ground. Rameho said when Ventura came back he told the others quote let's go because he's dying. Jurors also heard Rameho testify that after returning here to the labor camp Ventura gave them his knife and told him not to say anything or quote, "We'll kill you. It was like trying to find an answer through a bunch of fog. Jager in the other jurors listened to testimony that was often confusing and conflicting. Throughout Jager was undecided about Ventura's guilt or innocence. She wanted to hear what he had to say. But they accused murderer never took the stand to defend himself. Finally pressure was on the jurors to come up with a verdict.

I think we didn't understand those of us who were undecided that that was a perfectly good way to be, is undecided and if you're undecided that means not guilty. You know beyond a reasonable doubt. And so I felt I had to to decide one way or the other. And so in the late night after many sleepless hours and going over and over and over and over and I thought well he must be guilty you know. He must be. David Rohl says one reason why he finally gave in and voted guilty was so he could go home. I was enrolled to go back to school after a hiatus of 35 years and I was already a week late. After deliberating for more than a day the jury settled on a verdict. Santiago Ventura Mirallas was guilty of murder. He just came totally unglued. I didn't kill anybody I didn't kill anybody, I didn't kill anybody he says ya know, in Spanish, I'm not guilty. He just

This came totally unglued and that was that ways that that that just hit. I think it hit everybody in the courtroom right in the gut. You know. This is what haunts me. There wasn't really any physical evidence linking with it. It was only the testimony of the people that were with him. And at the time it seemed to me that they wouldn't all be saying that unless there were something to it. But looking back, I can see that they very well may have been saying that to protect themselves or someone else. Within days after the trials end, Jager and the other jurors who changed their minds, met with an attorney to see if they could reverse the verdict. The answer was No. There is a fairly strong policy in Oregon strong compared to other states. That jurors cannot impeach their own verdict which means to call question. Once the jury comes in, and says this is its verdict, and has been polled that's the end of it.

Ventura is now at the Oregon State Correctional Institution near Salem. So far all of his appeals for a new trial have been denied. [music] Normally you'd find him singing in this prison chapel choir. But he's refused requests to be interviewed or photographed. The picture you see is believed to have been taken by another inmate. OSCI chaplain Father Michael Sprower says Ventura is still hopeful of getting a new trial and freedom. I've never detected any bitterness. Santiago is a very long suffering person. I think his people have been long suffering and they've learned to endure injustices. As Santiago Ventura Mirallas waits in prison his supporters say they won't rest until there is justice. I feel like I'm responsible for him like he's a child of mine or something that you know this is this is something that I have created and I have to deal with. I can't you

know think that we really were a bad jury. Even people you know trying to arrive at a good verdict can make a mistake. It was wrong. It's it's you know it's an innocent man labelled and pigeonholed and shoved away for a long time. It's horrible. Our next story is about what is going to be the sale of the century in eastern Oregon. What if we told you that you could buy a company estimated worth 65 million dollars and all it would take is hard work, imagination, and an investment of $7. Sound impossible? Well that's what a lot of people thought. But a small group of dedicated individuals felt they had no choice but to try. Their electric utility was up for sale, and hanging in the balance were jobs, rate hikes, tradition, and a source of electricity,

which most people take for granted until it's gone. Had to do something. We simply were not willing to go without electric power. We were not. A blackout wasn't likely but a massive rate hike or a loss of 60 jobs in an area already faced with the highest unemployment in the state was CP National had been serving the electrical needs of most of Baker, Union, Grant and Harney counties since the depression. But now the company wanted out. It had been losing money, a lot of money. They were losing at that time about $550,000 dollars a month so they were very anxious to find another owner. [STEVE LOBEL]: It took five years, but finally the company got a buyout offer from Idaho Power. While that was good news for CP national It didn't look good for the 60 people who worked for the company. [KIM BAER]: I think all of us were quite nervous. They had announced that they were going to sell to Idaho Power company and everybody was worried about their

jobs whether would have a job at all or what would happen. [PEGGI TIMM]: Idaho Power planned, and, indeed, did cause pink slips to be sent out. Their intention was to dismiss all of the CP National employees. The loss of that many jobs in an area already hit with a floundering economy could be devastating. [PEGGI TIMM]: Our community has really not ever recovered from the recession of the last 10 years. We've been in desperate straits. And there was more at stake than jobs. Also at risk was the continued operation of a small hydroelectric plant maintained by C.P. National. This is real simple hydro. This is the Rock Creek plant. The water wheel is coupled to the generator, the generator spins and makes simple hydro electricity. Built at the turn of the century, it is still an efficient operation supplying power to about 750 customers. Those customers were not so much concerned with finding a new source of power as they were with

preserving the plant, one of a few of its kind still going in the nation. Those worries were temporarily put to rest when after a year of negotiations, Idaho Power withdrew its 65 million dollar buyout offer. But the future was still uncertain. CP National wanted out. [DICK HAYNES]: They obviously had lost interest in the power business. They were taking a terrific beating here. The company had filed for a 34 percent rate hike which the Public Utility Commission was considering. We visualize that this could become an island of high price power out here which would be absolutely devastating to industry. A rate hike as large as 34 percent would be the final blow to many of the industries in the area that were still trying to recover from the recession of the last 10 years. And so, facing the strong possibility of soaring rates or interrupted service and loss of jobs, a few civic activists took matters into their own hands. By late 1987, a small core of people felt they had no choice but

to form a cooperative and buy the utility. We're Eastern Oregon's biggest LBO -- that's leveraged buyout -- I've just discovered. Actually what we did with convince some bankers that this was a good project to finance and they agreed. That's how you do it. Peggy Tim literally did it a penny at a time. At first no one was interested in the buyout idea. Not even when she asked for an investment of one penny. She raised only $7. [PEGGI TIMM]: It was a laughable subject. How could you possibly pay one penny to have a membership in a cooperative and she expects to pay forty one and a half million dollars for a company. Others said you know have you got enough pennies to buy it yet? Famous comment I heard a lot of hearings Well Peggy, how are you going to climb a pole. [DICK HAYNES]: It was very difficult to find anybody else that was the least bit interested. It seemed such a far far out thing to accomplish to most everyone and so finally ended up that it was her husband,Glen, and Peggy and

myself that formed the co-op originally. However while all the meetings and hearings were going on most people acted unaware of the situation. After all, the lights were still on. Tell you the truth, I don't know that much about it. My wife can tell you more about this than me because she takes care of the bills and stuff. This was serious business. How was a group of folks in Eastern Oregon going to create an electric co-op. [DICK HAYNES]: I think the average person on the street, in the beginning, thought that we were off base and we'd would never pull it off. And then when it when it became a reality I think that everybody more or less just kind of takes it for granted. It seemed real far fetched to me, in fact, I thought they were really dreaming. A few people that lived other places and were familiar with co-op, immediately said yes, you know, let's go for it. Peggy and a small band of community activists did go for it. And after more than a year what was not supposed to happen did happen.

Oregon Trail Consumers Electric Cooperative took over the utility on October 5th, 1988. But what we got essentially is the will of the people to send that money to keep the system running. The money, 40 million dollars, was a loan from the National Rural Electric Utility Financing Corporation. And there was another loan. Interim manager, Russell Duran, temporarily left his post at the Umatilla co-op and they simply loaned him to us. There was lots more help to make this cooperative a reality. A law firm agreed to accept the pay later plan. Some engineers did the same. Out-of-pocket startup costs were born by a few hearty early believers. One of our neighboring cooperatives sent us a five figure check or a very nice check and said here's some start up money we know you'll need it. Electric Cooperatives were created to bring reasonably priced power to rural America. They're private corporations owned by the subscribers. The co-op owns the

distribution system. Poles and power lines. Co-ops qualify to buy low cost power from publicly owned generating plants. That keeps operating costs down. We bought a lot cheaper power. We have no federal or state income tax to pay because we are a cooperative, and we are nonprofit. The co-op may be nonprofit but there are still bills to pay, some ever increasing bill so the rates had to go up -- about 14 percent, as opposed to the 34 percent CPN originally asked for. That offsets the high cost of power purchased from private generating companies. We've had to raise rates however you would find on checking that ours are right down to the nat's eye brow with the state's biggest supplier PP&L. And so the lights stayed on. The Rock Creek plant is still going, electric rates have stabilized, and 60 local people have their jobs. All that for $7 and a

lot of hard work. [VIVIEN CONDENI]: Oregon is a paradise for some vacationers. They come back to their favorite place year after year. But who would ever guess that here in Sandy, Oregon, there's a place where some people have come back to camp for over 20 years. I got one! You're lucky little one. (laughter) You got a baby one. Bailey, have you been coming to Oral Hull Park very long? Oh, for the last 20 years. Come on now open your mouth fish. What do you like it best about out here? What's your favorite part? [LEE HODGDON]: Oh well, I don't know, I've been working the fish ponds for years, helping people fish. [FEMALE SPEAKER]: Is it in your finger? Hold it, now -- hold it. [LEE HODGDON]: Hold it. Lucky, I've never been hooked too bad with a hook yet. Get it. Let's see, where's that bucket? Oh, here it is.

[VIVIEN CONDENI]: You and I can see the bucket. But Lee, 84, has to feel around for what he needs. Lee and most of the folks here are blind or partially sighted. [VIVIEN CONDENI]: What kind of fish are these? [LEE HODGDON]: They're rainbow. Rainbow trout. [VIVIEN CONDENI]: Yeah, he's got pretty color on him, too. Oh and he slipped out. Oh my! Well he slipped out over here, and he's right here. [FEMALE SPEAKER]: Can you get him? [VIVIEN CONDENI]: I think I can. I got him, here. [LEE HODGDON]: Yeah! Get a picture of him. [VIVIEN CONDENI]: There you go...oops! Slippery little...[LEE HODGDON]: He's a hard one to hang onto. [VIVIEN CONDENI]: He is! [LEE HODGDON]: I'll wash him off a little bit. [VIVIEN CONDENI]: Lee and his friends are on vacation here at Oral Hull Park in Sandy, Oregon. It's a paradise, non-sighted folks say, because it's designed especially for them. [LEE HODGDON]: Us (?) post and get together and get acquainted with each other in the share our troubles and then our happiest dealings. [FEMALE SPEAKER]: Sylvia, did you catch any? [DAVID ESTES]: Oh, yeah. She caught about four or five. She's my "fisher gal." [VIVIEN CONDENI]: David and Sylvia rode the bus from California this year for their vacation. They've been to other camps

for the blind, but David says they don't compare to this one. [DAVID ESTES]: It's just great being in this atmosphere up here from -- compared to down in the city and Sacramento-wise -- Oregon is just like paradise. You know, it's a vacation and in a place to go where we can camp out, you know, and that whole thing. [VIVIEN CONDENI]: You won't see any tents or Rv's here, though. Most of the guests sleep in the dorm or stay in trailers on the grounds. Evelyn Matthewson recalls the early years. [EVELYN MATTHEWSON]: I remember coming out here, a bunch of old stumps and brush, and, she says, "This is your...welcome to your new home." And I thought, "Hmm, you really gave us a lot, didn't you?" But, through private donations -- we use no state or federal money, it's been all through bequests and donations -- that this place has come to be. In 25 years I feel like we've come a long, long ways. [VIVIEN CONDENI]: What Evelyn means is that the park is accessible and easy to get around for blind people. There's hand guide wires along the paths, and she says there's little bumps at each trailer so they know where to

turn. Evelyn says she can wander around here and not worry. And to her, that's a lot nicer than the city. [EVELYN MATTHEWSON]: My favorite part about it is my independence that I have out here. I don't have to worry about any dumb curbs, or falling over somebody's car, or being run over, or stabbed in the back, or something like that. We're just...it's just the freedom that you have. [VIVIEN CONDENI]: But that doesn't mean the non-sighted are left alone. During Camp Week, held twice a year, the park has four caretakers, a camp director, and a host of volunteers that help with day trips, meals, and handicrafts. [FEMALE SPEAKER]: I couldn't do that with my hands. [JUNE LOFSTROM]: OK, now show me the next step. [MICHAEL HENDERSON]: The next step would be to start... [VIVIEN CONDENI]: Michael's helping June build a wishing-well planter in this woodworking session. [JUNE LOFSTROM]: I see. [MICHAEL HENDERSON]: I'll do one closer to you first. I like to try anything that's got to do anything with crafts. I wanted to make the wishing wells

so, it was kind of fun you know. (pounding, laughter) I'm sorry, Michael. [MICHAEL HENDERSON]: It's quite all right. [VIVIEN CONDENI]: Michael, a first-time volunteer at the park, takes little things like the slip of a hammer in stride. [MICHAEL HENDERSON]: I just like working with them. [VIVIEN CONDENI]: It gives you a good feeling? [MICHAEL HENDERSON]: Yeah, It's fun. It's a little challenging. [VIVIEN CONDENI]: Like how? [MICHAEL HENDERSON]: Well, you know, they're kind of hard, you know, they're slow to comprehend some things that they can't see. I try to help them out in comprehending that and later on they catch on how to do it, and they go through it really fast. [EVELYN MATTHEWSON]: I, myself, would like to see more camps held here, because here's this beautiful facility that is used for only two weeks out of the year for campers now. And it really could be utilized a lot more. [FEMALE SPEAKER]: Now you've got your circle, now twist your wires. Wait just a minute. [VIVIEN CONDENI]: Evelyn's wish might come true.

She says this year the park advertised a lot more in Braille and large print magazines, and both camp sessions were full. Getting the word out not only makes better use of the park, it helps sighted people understand what Evelyn calls "the nuisance of being blind." [FEMALE SPEAKER]: Add a spacer. [EVELYN MATTHEWSON]: The more publicity that you get out about blindness, I think, the more it helps sighted people. And that is the one thing that we emphasize, is educating the sighted people now, as to our needs, and wants, and desires. [VIVIEN CONDENI]: Jeanette Bangs is one of those people Evelyn was talking about. She and her husband Bob are caretakers of the park. Jeanette says when they answered the ad in the paper for the job, they didn't know what was in store for them. [JEANETTE BANGS]: Well, I felt kind of, you know, just frightened because I didn't really know...I didn't you know, know how to relate to them. And I found out that they were just, you know, people like you and I. [MALE SPEAKER]: What time is it now? [NEW MALE SPEAKER]: 1:29.

[MALE SPEAKER]: I know, that's what it's set for. [VIVIEN CONDENI]: Keeping track of time and people is Pat Pankalla's job. [PAT PANKALLA]: The people are delightful. They have a wonderful sense of camaraderie out here. Most of them have the greatest sense of humor. Yeah, and they like the food, of course. I mean that is the best thing, as far as they're concerned, other than just the fellowship, because they really like to eat together. [VIVIEN CONDENI]: Evelyn agrees that the three meals a day are a big drawing card for the park. But there's another item Evelyn finds intriguing -- the Garden of Enchantment. [EVELYN MATTHEWSON]: It's called the Five Senses Gardens, and it's interesting to walk through. Everything is Braille for us. [VIVIEN CONDENI]: Naturally, it's one of the busiest attractions in the park. [MUSIC AND SINGING] [MALE SPEAKER]: Gosh, If I had my way, I would just stay right here. This is paradise. [LAUGHTER]