Portland Personal Injury Lawyer

Oregon Court of Appeals Limits Identity Theft Prosecution

Portland, OR (PRWEB) June 22, 2011

According to the Oregon Anti-Crime Alliance , Oregon ranks 14th from the bottom in terms of identity theft rates, with 76 incidents per 100,000 of the population. But, a recent ruling by the Oregon Court of Appeals in State v. Martin A143581 may limit identity theft prosecutions in Oregon.

In that case, as summarized by the court:

“City of Portland police officers responded to a silent alarm at Point West Credit Union on Northeast 12th and Irving Streets at approximately 5:00 a.m. on November 9, 2008. When they arrived at that location, one of the officers discovered defendant crouching in shrubbery adjacent to the credit union building... After being transported, defendant was booked into the facility. During the booking process, the officer performing an inventory of defendant's personal effects found an Oregon DMV identification card containing the name of another individual, in addition to the identification that defendant had furnished to the officer. The officer asked defendant why he had someone else's identification. Defendant responded that 'he had found a wallet.' However, he refused to tell the officer where he had found the wallet or where it was at the time of their conversation. The identification card includes a picture of a white male about the approximate age and height as defendant, who also is a white male.” See opinion.

The defendant in the case, Kevin Martin, was charged with identity theft. His attorney, Bronson James of JDL Attorneys LLP in Portland Oregon challenged that conviction. According to James, simply having possession of someone else’s identification, without more evidence, is not a crime.

“In my experience, Identity Theft has become a favorite charge for prosecutors in Oregon, mostly because it has historically been easy to get convictions” says James. “Basically, if you had someone else’s identification on you when you encountered the police, you would likely pick up an identity theft charge. Even if there was no evidence that you ever used the ID. The law was never meant to be interpreted that broadly.”

The court agreed with James:

“Defendant's mere possession of the card is not by itself probative of an intent to use the card to deceive or defraud. Moreover, defendant was under no legal obligation to explain further his possession of another person's identification card to the police, and his disclosure that he had found the card in a wallet that had been lost implies no criminal wrongdoing on his part.

Wife of Former Astoria City Councilman Succumbs to Injuries ...

Names: Anna Morden, Donald Morden, Kenneth Ness

Oregon State Police are continuing to investigate an Oregon log truck accident which claimed the life of 83-year-old Anna Morden, the wife of a former Astoria City council member, last Tuesday afternoon. A vehicle alleged to have been involved in the accident left the scene without stopping and was later found by police.

At approximately 3:10 p.m. on the 14th of June, a Toyota pick-up being driven by Anna Morden’s husband, Donald, also 83, was struck from behind by a logging truck driven by Kenneth Ness, 54, from Astoria. Witnesses to the accident said the Morden’s pick-up was northbound on Highway 105, approaching the intersection with 5th Street, when a dark gray southbound car stopped at the 5th Street intersection stop sign suddenly veered in front of the Morden’s pick-up, causing it to come to a near stop. As the gray car cleared the intersection, the Morden’s pick-up was struck by the logging truck, and the gray car continued away from the scene, southbound on Highway 105.

Oregon State Police Lieutenant Duane Stanton said both Anna and Donald Morden, whom police reported were both using safety restraints at the time of the accident, were transferred to Legacy Emmanuel Medical Center in Portland, where Anna was pronounced dead from her injuries on June 16th. Donald Morden continues to be treated for non-life threatening injuries. Kenneth Ness, who was reportedly not using safety restraints, did not suffer any injuries in the collision. The day after the accident, police identified and located a 19-year-old female who witnesses said was driving the gray car that caused the Morden vehicle to stop suddenly. Police are withholding the name of the female driver, pending further enquiries.

We would like to offer our most sincere condolences to Donald Morden and his extended family on the loss of Anna Morden in this tragic accident, and we wish Donald a speedy recovery from his injuries.

Leaving the scene of an accident that you may have caused, very like hit-and-run, is a serious crime, and conviction could result in your driving privileges being suspended or revoked. In any accident, you have the following obligations:

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