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Oregon Road Conditions & Cams Email Story to a Friend September 10, 2002 Judge gives lawyer community service instead of prison time By DANI DODGE Mail Tribune GOLD BEACH — Saying Medford attorney Lee Scott Werdell acted as a parent, not as an attorney, when he chucked his stepson’s illegal pistol into the Applegate reservoir, Judge Hugh Downer declined to put Werdell behind bars. Werdell, who faced up to five years in prison for hindering prosecution, instead got 500 hours of community service during his sentencing Monday in Curry County Circuit Court. Downer said Werdell, 62, of Jacksonville, probably wouldn’t have been convicted if he hadn’t been an attorney. "His knowledge of the legal system is why he’s here," Downer said at the hearing. "These were the actions of a father with extremely poor decision-making. But being a father, I understand with our children and the situations they may put us in, we may not make the best decisions." After the hearing, Werdell said he believes the state attorney general’s office prosecuted him because of an employment discrimination lawsuit he won against the department several years ago. "I do believe that this was a vindictive prosecution which was made against me, not because of what I did and what the facts are, but because of who I am," Werdell said. "I don’t believe for a moment people will be prosecuted typically as I was, but most people aren’t criminal defense lawyers as I am, most people don’t sue policemen from time to time as I do ... and I don’t know anyone who has in this state brought a lawsuit, that was upheld on appeal, against the attorney general’s office like I have." Prosecutor Brenda Rocklin said Werdell’s prosecution had nothing to do with his practice. The Curry County district attorney asked Rocklin to handle a case against Werdell’s stepson, Jeffrey Everts, and during the course of prosecuting that case, evidence of Werdell’s crime came to light. "I can’t tell you to this day which department he sued," she said. During 38 years practicing law, Werdell has served as the Tillamook County district attorney, the Jackson County chief deputy district attorney, and a private attorney handling murder, civil rights and employment law cases. He’s never had a criminal conviction. But for years he’s had trouble with his alcoholic stepson, Jeffrey Everts, who has had numerous drinking-related convictions. Werdell twice put Everts into alcohol rehabilitation programs, but on Oct. 13, 2000, Everts started drinking again and went fishing at the mouth of the Rogue River with his friend Orlando Vigil. They went over the bar in rough weather, and the boat capsized. Vigil drowned. Everts was charged and later convicted of criminally negligent homicide. When Everts’ girlfriend went to collect Everts’ belongings from his campsite, she found a gun, which Everts wasn’t supposed to have because he is a felon. She gave the gun to Werdell, who threw it into the reservoir. A jury convicted Werdell of hindering prosecution Aug. 13. Since then, more than a dozen Jackson County attorneys, including two judges, wrote letters in support of Werdell. In his letter, retired judge Ross Davis acknowledged that Werdell is not perfect, and has a "swagger about him that may offend." But he said: "I have the highest level of respect for Lee Werdell. He understands the law, and the purpose behind it and the ethical responsibilities that flow from its practice." Former Jackson County district attorney Justin Smith said Werdell’s "honesty and ethics are beyond reproach." "... It is difficult, if not impossible, for me to believe he would knowingly or intentionally violate the law," Smith wrote. Downer said he was impressed by the letters, especially that even though Werdell was obviously "a bulldog," he still garnered the respect of his legal opponents. "The overwhelming sense is he is honest, ethical and straightforward," Downer said. "I do not believe he will do this again." The state bar association is reviewing Werdell’s case to determine if it will take action against him, said bar spokesperson Kateri Walsh. His conviction does not automatically mean disbarment. Downer said he hoped Werdell would be able to use his skills as an attorney in his community service work. Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. 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