People's Police Report Updates September, 2007 (Issue #42)

Sheriff Checks Out Accuser in Criminal Database

Just when Multnomah County Sheriff Bernie Giusto thought he had skated past any consequences from the scandal that arose when he used his position to send a friend to rehab while pursuing an affair with the man's wife (PPR #37), the scandal has resurfaced, threatening his job, and the Sheriff's Office is in general shambles. A Tigard citizen, Robert Kim, filed a four-page complaint with the Department of Public Safety Standards & Training (DPSST) including dozens of accusations that span the entirety of Giusto's decades- long career. The complaint questions whether Giusto is morally fit to hold his position based on a state statute that prohibits law enforcement officials from "acts and conduct which would cause a reasonable person to have substantial doubts about the individual's honesty, fairness, respect for the rights of others or for the laws of the state." The same day Giusto learned of the complaint, he ordered detective Todd Shanks to do a background search on Kim without telling Shanks the nature or cause for the search. The state and federal law enforcement database can only legally be used for criminal investigations, hiring or licensing purposes. Giusto claims this invasive and inappropriate, if not illegal, search was done to determine if Kim posed any threat to the agency.

Giusto claims that some of the information provided in Kim's complaint could only have come from sources inside the agency and he "promised to find the source" by doing an internal investigation (Oregonian, May 5). Several other credible sources have come forward to validate the complaints in the report, which include "inappropriate personal relationships, failure to investigate employee wrongdoing and misleading state Department of Justice officials" during previous investigations (Oregonian, April 28). On June 8, Fred Leonhardt, speechwriter for former Gov. Neil Goldschmidt, filed statements with the DPSST stating that Giusto (once the Governor's driver/bodyguard) was aware of the sexual relationship Goldschmidt was having with a 14-year-old girl while he was in office. Though Giusto claims he only found out after Goldschmidt was out of office, Leonhardt states that Giusto knew of the inappropriate relationship and held it over Goldschmidt's head in order to keep his job while he had an affair with Goldschmidt's wife. Giusto's brother Tom may or may not confirm the allegations if the DPSST calls him to testify (Portland Tribune, June 22).

As the case against Guisto continues to build, the sheriff must still manage his routine operations. In April, the county pushed him to cut over $5 million in jail and law enforcement spending. Weary of Guisto's lack of communication, County Chair Ted Wheeler's proposed budget cuts would result in 500 fewer beds (Oregonian, April 18). Many deputies have jumped ship to apply to work at the Portland Police Bureau despite losing rank and no guarantee they would maintain their current wage levels. This poses another headache for Giusto as he estimates the county spends an average of $100,000 to hire and train each deputy (Oregonian, June 9). In August, roughly half of those 60 deputies chose to stay on when the County offered them raises.

It is no wonder that the sheriff's department is at extremely low morale according to media and many officers. Numerous editorials have been written blasting the mess that Giusto has created. As longtime corrections officer and union leader Sgt. Darcy Bjork simply put it, "It's disappointing, it's sad that we have to spend time on this when we have a budget crisis and a jail bed crisis." The Tribune mirrors this sentiment stating, "Šmore and more citizens are growing weary of watching their sheriff defend his own behavior when he should be running jails and stopping crime" (May 15).

Sit/Lie Ordinance Passes, Gets Suspended, Then Instituted

Portland's Sit/Lie ordinance is now in effect, despite a turbulent three months after it was adopted. Not all the elements proposed in the "Street Access for Everyone" (SAFE) report--a day access/resource center, additional public benches, and more public restrooms (PPR #41)--were in place by early May. Despite concerns of the lack of services, the "High Pedestrian Traffic Area" (aka Sit/Lie) ordinance passed City Council on May 9. The vote was 4 to 1, with Commissioner Randy Leonard voting against it. The law says that from 7 am to 9 pm, police will first issue a written warning to people sitting or lying on the sidewalk. They also are directed to hand out a list of places for meals, showers and other services. The next step is a citation punishable by a fine of up to $250 or community service.

In a convoluted and specious reference to concerns raised about free speech rights, Assistant City Attorney Dave Woboril asserted that it would take three or more persons sitting on the sidewalk to qualify as engaging in a First Amendment activity. Woboril cited no legal authority for this statement.

Although the ordinance was to become effective on June 9, a 3-2 vote on June 13 delayed its enforcement. Commissioner Leonard requested the delay until all the service aspects were in place. The planned new 24-hour restroom was only a vision, the day-access center intended for 150 persons was only able to hold about 50 and only six of the planned 25 benches had been installed (Portland Mercury, June 7).

By early August, Mayor Potter opened City Hall's ground floor restrooms for 24-hour access, adding to eight bathrooms open in city parks from 7 am-11 pm; 25 benches were installed, and lockers and showers were made available at two downton locations. On August 15, Council accepted the SAFE Oversight Committee's report on these amenities by a 3-1 vote, meaning the police can begin enforcing the law. The PBA's private security, who are not allowed to enforce sit/lie, are to log any time they verbally alert people about the ordinance.

Sit/Lie also became a related issue when Commissioner Leonard raised the great tape debate. Leonard was concerned about people taping off sections of city sidewalks for parade viewing spots days before the Rose Festival Parade. The hew and cry over his plans to outlaw the tape was reported daily and the outrage was virulent. Although people in the greater Portland area opposed government control over whether they could stake out seating space on the sidewalk, they failed to see the connection with the new law saying that poor people who are not waiting for a parade can't sit on the sidewalk at all.

Curfew Violators' Moms Cut Class, DA Perseveres

Of the seven single African-American mothers cited by police in Northeast and downtown over spring break (PPR #41), none showed up for the first parenting class offered as an alternative to court and fines. The no-shows came despite the lure of three Portland police officers and free pizza. Deputy DA Jim Hayden expressed his frustration but was unwilling to stop the program. Participating Officer Frank Gorgone touted the benefit of six weeks of free meals (Oregonian, May 7). It doesn't appear that they considered that single mothers may not be able to attend six weekly classes despite the free food.

Firefighter Cleared of Criminal Charges and Demoted

Portland Fire Lt. Robert Bedgood, the firefighter who kicked Terry DeGeorge three times while DeGeorge was pinned down (PPR #41), will not face misdemeanor disorderly conduct and harassment charges for offensive physical contact. Multnomah County Deputy DA Don Rees indicated that after the four month investigation, he decided it would be a difficult case to prove. Rees will also not pursue criminal charges against DeGeorge (Oregonian, May 9).

Bedgood was demoted to the position of firefighter for one year and will have to attend stress and anger management training. The other firefighters weren't disciplined. DeGeorge and his attorney, Benjamin Haile agreed to settle their lawsuit in July for $10,000 plus undetermined attorney fees (Oregonian, August 9).

  

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