Independent streak puts state in spotlight again 5

Ashland Daily Tidings (Ashland, OR — Wayback)

2002-05-08

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--> --> Independent streak puts state in spotlight again By Terrence Petty Associated Press Writer PORTLAND - Oregon likes to go its own way. It allows physician-assisted suicides. Its residents vote by mail. Its free-speech laws are among the most permissive in the nation. The state's maverick mentality is once again making waves, with the refusal of three Oregon cities - Portland, Corvallis and Hillsboro - to help in the nationwide questioning of 5,000 foreign visitors as part of the federal anti-terrorism probe. They are believed to be the only cities in the nation to rebuff the Justice Department's request. In addition, Eugene police decided Thursday to assist federal authorities in their anti-terrorism interviews, but city officers will not do the questioning. Portland police say posing the questions the Justice Department wants answered could violate state laws. City officials said they objected to five of the 33 questions suggested by the U.S. Justice Department. Hillsboro Police Chief Don Louie said his force has enthusiastically helped federal agents in past investigations, and he's as committed as anyone to helping track down those responsible for the Sept. 11 terror attacks. "My resolve is the same as our fellow Americans," Louie said. But he said he can't order his officers to interview people who are not suspected of crimes. "It would be inappropriate to use law enforcement officers for intelligence gathering," Louie said Thursday. "At times some of us will stand up, in the emotion of what has happened, and put a little scrutiny on our precious civil rights." Across the state, police officers and community leaders have been searching their souls on the issue. Much of the disagreement is based on different interpretations of Oregon privacy laws that, some say, could bar the questioning of people not suspected of crimes. Eugene Police Chief Jim Hill said the city attorney had reviewed the list of questions and found no objections. But after meeting with community leaders and federal officials, police decided to limit their participation to assigning two or three officers to help track down addresses of the 40 foreigners on the federal list. They may also set up interviews at neutral locations, such as on the University of Oregon campus, Eugene Capt. Becky Hanson said. "We wanted to find a way to have this accomplished without the community misperceiving what this is all about," Hill said. "I don't have any problem necessarily pursuing this if it's done in an appropriate way." Oregon State Police investigators will be assisting in the interviews - with the blessing of Gov. John Kitzhaber. "There's been a massive crime," Bob Applegate, Kitzhaber's spokesman, said of the Sept. 11 attacks. "If there was a murder in your neighborhood, the police would go knocking on neighbors' doors." Applegate said the governor wants to protect people's rights, but that the Sept. 11 terrorist attacks justify the need for such interviews. Oregon Attorney General Hardy Myers says there is nothing in state law to prevent state investigators from participating in interviews of about 150 people in Oregon whom the Justice Department wants to question. But there are some - including Portland's city attorney - who say the interviews could violate state privacy laws. Corvallis Police Chief Pam Roskowski said she has no legal problem with the Justice Department's request, but she doesn't have the people or the time to do "noncriminal interviews" with 30 people in the Corvallis area who are on the list. Portland police officers are unhappy with their own city's refusal to assist with the questioning, said Sgt. Robert King, president of the 950-member Portland Police Association. "We're very disturbed that we're virtually standing alone in the nation," he told The Oregonian. "What's particularly troubling to us is that the nation's top lawyer, the state attorney general and the county's district attorney all say the questioning is legal, yet the city of Portland is hanging its hat on the advice of the city attorney," King said. Setting itself apart from neighboring Portland, the Gresham City Council has directed city staffers to draft a "proclamation of patriotism" that pledges to cooperate with the anti-terrorism probe. "We decided this might be needed because we felt there wasn't enough support in the area," said City Councilman Larry Haverkamp, a retired engineer. "We do agree that the president is right and we are at war and need to take reasonable steps at the national level and local level in the battle against terrorism," Haverkamp said. There is disagreement - or perhaps confusion - over the interpretation of Oregon laws that could apply to the questioning of people not suspected of crimes. A Republican candidate in next year's gubernatorial race, Kevin Mannix, says the language of state laws should be changed to make it clear that Oregon police officers can participate in the kind of interviews federal authorities are conducting. "The last thing we want is for Oregon to become a safe haven for terrorists," said Mannix, a former state representative. "At the same time, we must recognize the original good intentions of the law." Federal authorities have avoided criticizing Oregon communities that have chosen not to help with the questioning. They also say that Portland has been playing an important role in campaigns against terrorism. "Part of my concern about how this has all played out in the public is that people may not understand just how valuable a part the Portland Police Bureau has played in the ongoing investigation of terrorism," Assistant U.S. Attorney Kent Robinson told The Oregonian. Email your... 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