Document text
--> --> Court of Appeals overturns conviction PORTLAND (AP) - The conviction of the youngest person ever found guilty of murder in Oregon was overturned Wednesday, based on the value of a pile of old newspapers. But the court let stand the conviction of Ray DeFord on charges of criminally negligent homicide for a 1996 fire that killed eight Mexican immigrants. He was 11 at the time of the fire. The court also affirmed that DeFord's confession was voluntary, despite arguments that he was too young to agree to questioning and was impaired by limited intelligence. DeFord was convicted in 1997 of arson and murder for the fire at a suburban Aloha apartment complex. The boy confessed to setting the blaze by igniting a pile of newspapers. The murder convictions were based on arson as the cause. But to convict DeFord of arson, prosecutors argued that burning the newspapers destroyed property that met the legal definition of "any article, substance or thing of value." The Court of Appeals ruled that old newspapers simply did not have enough value, and it overturned the arson convictions. The murder convictions, based on arson, also were thrown out as a result. At the time, prosecutors and Washington County Circuit Judge Timothy Alexander were criticized for basing the arson convictions on destroying the newspapers. The Court of Appeals opinion, written by Judge Virginia Linder, noted that, "significantly, the state did not allege that the property that (DeFord) intended to burn was the apartment building." Linder said that old newspapers, in contrast, have almost no monetary value, except for the small potential value that would be realized only if someone took the trouble to recycle them or redeem the coupons. DeFord had been sentenced to state custody until he turns 25. The case was remanded to the trial judge to amend the order committing DeFord to a juvenile facility. A spokesman for the state attorney general's office said DeFord will remain in state custody until age 25, despite the appeals court ruling. A spokeswoman for Washington County District Attorney Robert Hermann said Hermann was not available for comment. Email your... Technical questions & comments to: WebMaster Daily Tidings editorial comments & questions to: Editor Visit our other Oregon Newspapers... | Albany Democrat-Herald | Ashland Daily Tidings | Corvallis Gazette-Times | | Lebanon Express | Newport News-Times | Springfield News | Cottage Grove Sentinel | Ashland Daily Tidings 1661 Siskiyou Blvd. Ashland, OR 97520 Telephone 541-482-3456 © Copyright 2001 Lee Northwest Publishing