District Attorney Josh Marquis told the Daily Astorian, NorthCoastOregon.com and KAST he had nothing to do with the “investigation” that the Department of Justice was conducting on then Commissioner, Richard Lee. The answers received in NCO’s Public Information Requests bring on more questions.
District Attorney Marquis and Sheriff Tom Bergin both said that it didn’t matter what it was called, inquiry or investigation, the Department of Justice (DOJ) had an investigator in Clatsop County. Based on the information finally obtained from two Public Information Requests (dating March 11 and one month later April 11) the readers of NCO can read that the DOJ was very specific with the words that they used and the emails clearly show that District Attorney Marquis not only initiated the investigation against Commissioner Lee but, with Sheriff Bergin, went out looking for county employees to file complaints against Lee.
In August of 2007 Josh Marquis wrote to Steven Briggs, director of the DOJ’s Criminal Justice Division. Marquis asks Briggs to investigate Lee based on the alleged complaints by two county employees, although the complaints had already been investigated and handled by the County, and on two new alleged complaints of county employees. However, at the time, it did not appear that the DOJ chose to act on the August 10th letter, as the Daily Astorian would have certainly reported it in time for the November vote on Measure 4-123.
What NCO has been able to find out is that the DOJ was waiting for a phone call from Sheriff Bergin on September 17, 2007. Investigator McBeth emails director Briggs and informs him that he has not heard back from Bergin. At approximately that same time Bergin is reacting in stunned disbelief because Sirpa Duoos has refused to cooperate and declared that she was never intimidated by the Lees.
Sky Olson, the gunsmith that another county employee supposedly came to with a complaint about Commissioner Lee, doesn’t have anything to report to the DOJ. The letter that the Building and Maintenance worker wrote complaining about Richard Lee disappeared. Marquis’ case is looking weak. (see related article)
To pad his side of that case Marquis contacts Director Briggs, according to Briggs’ September 14, 2007, email, and names an Internet Technician (IT) employee with the county who is “another complainant.” However, this alleged complainant never materializes, either. It isn’t until January 2008 that a witness steps forward complaining about the Lees “running amok” and being treated specially. This witness just happens to be the daughter of one of Marquis’ recently retired 14 year employees. (see related article)
There is nothing more from the DOJ until February 9, 2008. According to the Daily Astorian’s February 12 article Clatsop County Sheriff Tom Bergin confirmed for the paper that an investigation by an investigator for the DOJ was taking place on Richard Lee. Only three days prior, Marquis had emailed Page McBeth suggesting that he talk to Ed Wegner, Scott Derickson and Jennifer Bunch.
According to the emails obtained Investigator McBeth sends the Daily Astorian article to the DOJ and it is passed to media rep Stephanie Soden; Donna Maddux, McBeth’s supervisor and Director Briggs. On February 12 Briggs sends out an email clarifying to Soden, “So you don’t get blindsided, read this article. In fact, we have not opened an investigation, but just a preliminary inquiry to see if there was a basis for a full investigation. We were planning on calling the DA this week and telling him that there is not sufficient evidence to justify an investigation.”
Briggs tells Soden to respond to any inquiries regarding the Daily Astorian’s article about a DOJ investigation by stating, “We have not opened a formal investigation. We have received citizen complaints regarding certain facets of Clatsop County government and have simply inquired to determine if DOJ involvement is appropriate.”
The email was sent to Soden on February 12, Lee’s recall was more than a full month away and plenty of time for the community to become aware of the fact that the DOJ investigation showed no criminal activity yet no notice goes out. Four weeks later on March 3rd McBeth finally writes an email to Briggs stating, “After conducting a preliminary inquiry [on Lee], it was determined that a criminal investigation would not be initiated at this time.”
In the Public Information Request to the Department of Justice NCO asked for any and all documentation regarding Richard Lee that the Department of Justice had, including notes, memos, letters, emails and phone conversation recordings or memos of conversations. In nothing that NCO was given by the Department of Justice was any citizen complaint ever listed or mentioned. The only written complaint that the DOJ had was that of District Attorney Marquis, and the reports done by Jill Goldsmith.
More articles to follow based on the information received via the two Public Information Requests.
Related Stories in archives:
DA asked for DOJ to investigate Commish
DA earns stipend back says BOCC
The Phantom Investigation
DA asserts majority want stipend returned
DA’s Lee Investigation Story False
Charter Admendment Timeline
Related Stories on Internet:
DA shares his view on ballot isssue
Commentary on Richard Lee
Josh Marquis on the Richard Lee Recall
DA’s stipend reinstated
Marquis of the County
Truth VS Lies Marquis Ad
Pay Restored
High-profile Oregon DA embroiled in local political fight
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