OFFICE OF MULTNOMAH COUNTY ATTORNEY NICK AYRE DAVID N. BLANKFELD 501 SE. HAWTHORNE, SUITE 500 4 USAN . UNAWAY JENNY M. MADKOUR PORTLAND, OREGON 97214 KENNETH ELLIOTT County Attorney WILLIAM H. GLAs SON FAX 503.988.3377 CINDY L. HAHN 503.988.3138 B. ANDREW JONES JACQUELINE A. WEBER JACQUELINE S. KAMINS Deputy County A [tor ney COURTNEY LORD BERNADETTE D. NUNLEY CARLOS A. RASCH A, SHORT JONATHAN P. STRAUHILL April 27, 2017' KATHERINE C. THOMAS . JED R. TOMKINS KATHARINE VON TER STEGGE Assistants HAND-DELIVERED Matthew J. Semritc Clackamas County Of?ce Clackamas County Courthouse 807 Main Street, Room 7 Oregon City, OR 97045 RE: Multnomah County ?5 Response to Petition for Review of Denial of Right to Inspect Public Records Dear DA Semritc: Petitioner, Kyle Iboshi, seeks an order pursuant to ORS 192.450-560 directing the-Multnomah County Sheriff?s Of?ce to disclose a copy of MCSO investigation report number 1 14 401045. The record sought is exempt from disclosure under ORS 192.5018), and ORS and the District Attorney?s Of?ce should uphold the denial of the request. The requested report details portions of an investigation into felony criminal activity that allegedly occurred in Douglas County. (Declaration of Keith Kra?e, 1i 5). That criminal investigation is ongoing and has not been closed by the Roseburg Police Department. (Id, 1] 7). The allegations were uncovered during the course of a separate MCSO criminal investigation into the disappearance of Kyron Herman, and other related allegations of criminal activity. (Id. at 5-6). The MCSO investigation is also ongoing, with detectives continuing to follow up on leads, and a grand jury remains empanelled. (Id. at it 8). Report number 11?401045 was generated because the allegations involved persons related to investigation into the Horman disappearance and could potentially provide information of signi?cant value to investigators and prosecutors. (Id. at 1i 6). Ordinarily the record of an arrest or the report of a crime is subject to disclosure under Oregon?s Public Records laws. However, state law allows such records to be withheld from public inspection as long as there is a need to delay disclosure in a particular investigation. ORS The Oregon Court of Appeals has made clear that information compiled in ongoing criminal investigations is as a general matter not subject to public inspection because disclosure poses a Matthew J. Semritc RE: Multnomab County ?5 Response to Petition for Review of Denial of Right to Inspect Public Records April 27, 2017 Page 2 signi?cant likelihood of interfering with law enforcement proceedings. See Jensen v. Schif?nan, 24 Or. App. 11, 16, 544 P.2d 1048 (1976) (analyzing ORS the predecessor to ORS The Oregon Attorney General has also consistently held that criminal investigation records are exempt from disclosure when investigations are ongoing and prosecutions are possible, and when legal proceedings have not been terminated. See Public Records Order, July 3, 1995, Garrettson; see also Public Records Order, August 15, 2001, Padget/Eller. In the present matter, the associated law enforcement agencies have not closed their investigations into the potential criminal activity. (Krafve Declaration, 7-8). Moreover, the interference with open criminal investigations would be particularly egregious in this case given that Petitioner seeks an MCSO record that would divulge criminal information being actively investigated by a different agency (Roseburg). Indeed, the Roseburg Police Department has also refused to disclose its records citing the continuing nature ofthe investigation as a reason. In addition, public disclosure ofthe investigation could alert potential suspects to key evidence, witnesses and informants, and dissuade other witnesses from coming forward with valuable information. (Id. at 9). Accordingly, disclosure ofthe requested records would interfere with two ongoing criminal investigations, and potentiallyjeopardize law enforcement proceedings in both cases. For these reasons, the requested records fall squarely within the exemption for criminal investigatory material set forth under ORS and should be withheld from inspection. In addition, portions of the requested records contain highly ?personal information? about a number of private citizens that detail aspects of their personal lives, and intimate relationships that if-released would constitute an unreasonable invasion of privacy. Such information is clearly exempt from disclosure under ORS Moreover, not only would releasing such sensitive information be highly offensive to an ordinary, reasonable person, such an invasion of privacy would likely deter other persons from cooperating with police investigations for. fear of having their private lives publicized in the press. The petition should be denied on that basis as well. In order to preserve the integrity of the ongoing criminal investigations by MC SO and the Roseburg Police Department, denial of Petitioner?s public records request should be upheld. Thank you for your attention to this matter. Sincerely, Carlos J. alandriello Senior Assistant County Attorney Enclosure cc: Kyle Iboshi Via email only DECLARATION OF KEITH KRAFVE 1, Keith Krafve, do declare and attest to the following: 1. I am a certi?ed peace of?cer and hold the rank of Sergeant within the Law Enforcement Division of the Multnomah County Sheriff?s Of?ce (MCSO). 2. As part of my job duties I work in and supervise other of?cers within the Detectives Section Law Enforcement Division. I have served in this capacity for over six years. 3. 1 make this declaration based on my personal knowledge unless otherwise indicated. 4. MCSO has been and continues to be the lead investigatory agency into the disappearance of Kyron Horman, a minor. 5. As part of the investigation into the disappearance of Kyron Herman, MCSO detectives learned of a crime alleged to have been committed within the City of Roseburg that was potentially relevant to own criminal investigation. 6. MCSO detectives made a preliminary inquiry into the allegations of the Roseburg incident and detailed their ?ndings in an MCSO incident report. The information gathered by MCSO was shared with the Roseburg Police Department. MCSO conducted a preliminary investigation because the allegations involved persons related to the Herman disappearance case, and its ?ndings could potentially provide information of signi?cant value to both investigators and prosecutors. i 7. The Roseburg Police Department has indicated that their criminal investigation is ongoing. 8. Multnomah County?s criminal investigation into the disappearance of Kyron Herman is also active and ongoing, with detectives continuing to follow leads, and a grand jury remains empanelled to take evidence in this matter. 9. Based on my experience as a law enforcement detective I believe that disclosure of the requested records and sources of that information could alert potential suspects to key evidence, as well as witnesses and informants, and dissuade other witnesses from coming forward, and otherwise undermine the ongoing criminal investigations and potential prosecutions. 10. I make this declaration in support of Response to the ORS 192,450-60 petition. I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN A LEGAL PROCEEDING. Wm- MCSO Sergeant Krafve (Devil/7