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MANAGING EDITOR/NEWS: THERESE BO

DECEMBER 18, 2OO1

-or pl:

ual
'd os

rl]tll

at the corrections center that

A W slngol C o Lrtxty inmate

vwll serue B'h yers in prkon for
the srx- dy s- a-w eek, I 2-hours- -

day scam
By ROSARIO DAZA
THL OlEGONIN

FIILISBORO
- A Hillsboo man rvith
a record of i9 convictions received an
t/z-yeat jail sentence Monday after he
u'as caught dealing drugs near the Wash-

ington County Community Conections

Center, rvhere he nas living lvhile on a
rvork-release progran for a parole violatron,

ruel James Allen, 4I, told officials

he needed to be eleased L2
hoLus a da,v, six days a rveek
to work as a plumber's apprentice and accountant at
Roy Hughes Plumbing. He
sted his supervisor as Randy
Hughes, a North Plains man
ivith 32 arrests and 12 conr,ictions, .,vho a-lso has been

inthecenter'scustody. ALLTN

f,i Allen's emplo.rnent, as ofcials had done when Raridy

was reieased to ivork for him.
"That lval', if they don't get
a cirec they knorv the dadgum guys are lying" said Roy
Hughes,57.

said Allen's counselor spoke

nvice with Randy

start."

bation officer at the center,

Hughes,

he Saicl trc haci a iob rvho confumed he rvas Allen's supervisor and gave denever had heard of Allen and ,r1,
'- 'ooli,,ri,
'.-tails about pay and work
hadnotemp.oysdhisbrother, Randy, for several years due to his schedules.
"lVe certainly recogriize that when
brother's problems',tith drugs and the
law. Roy Hughes said he rvas surprised people lvalk out the door to go to rvork,
no one from the conections center had there's no \\ay we can check on them
called him or required a pay stub to veri- hourly, daily or even weekll'," Er,'erett
But Roy Hughes said

uaM

p?LL
plES 'u

sppo
ac

os 'Btt

'leqI

.4pea

.ENE.

said.

Nor do center officials have the

authority to run records check on thei
residents' employers, sad lohn Hartner,
diector of Community Corections.
"lf he set up that Randy Hughes was
covering for him, then he made it rvork,
obviousl,," Hartner said, "But for the
majority of the people n'e worklvith, the
center is a good opporn:nity and a good

Roger Everett, senior pro-

ai,a \,,

"somebody clearly dropped the ball

on this," said A1 Smth, a Whington
County parole and' probations officer
who has',vorked at the corrections cen-

SJAr\\Ot

Jo

p-tg

uarL\\

af,uo
qeu

18 TF

alol,^{

e uaql

[J]ar]s
auo

pap
^\ o^lul
tl

510

L i\?p

)fTIIS

ter for 14 years

Smith, who has knorm Allen for

10

years, testified lvlonday that "he's just

Please see WORK-RELEASE, Page D2

..

ppol XOd

le

PJnse

EgI!

tizlli0l6S9

rk-release: Judge,s senten

cmg forbids shortening
tirne served
Dl
fi'orrt
from
'otrtitwed

page

l'ubqg

nonstop bail of cimina actce the first da1'he carne

to
ntion."

rhe conecrions cen_

ilru*:r"H1ii$x,i:r
rce
and prosecutors. Thcay.he
mer rhe r,r,oman
IIT I.9,he
rn rhe

Hillsboro just after his relee

from
jail and asked r'vhether
he could

cash a check from the

lVashington
Coun{ lnmate hust account.
pennarket rvorker agreed, A su_
ottl1, o

of the corccrjons cenrer

:yrjgdy
tnat
rhe per.son obsen,cd

11$
rhi
ruglrt
outsdc Elmer,s nrrmu,:oi

had beenA[el]'s son.

for
parking lor of Elm_ discover
11. geil
later that the check ^..But Sa,lnuel Allell offcred
no
er_s l{estaurant, one
-.t;fr
block south of cashed
o asli for the heaviest sen_
for $760 originaJly hacl 119tr cxnlanarions Monday.
not going ro dcny _r,tlri,g
:sslblc ude commercial T1 ..oT".!gls cenrer ard in rh been made out to another
,i
srgtrt ol a Hillsbolo police
inmate here today,"
detec_ for 945.
rrse guidelines.
,Allen saic. .l t.,'nuJ'i
ortrgproblern, and I onn
ln. a19tlr_ instalcc, Allerl
that.,,
rvas
uuilroth Allen ad his attorncy
,r,r,ork,schedule definitely
counfy
arresred
circuit
by Frilisboro p* ii
Mr, Allen all exucmel, ,.-wasltirtgto
_
i.ill
Judge SrIzarxc M. Upton gavc
rhe senrerce was too
rng to appcar in cout,
Al_
king irrdividt,,,, frl.f,
se_
-11ry.9or..
vcxey iJa vere
in jait'rvithio ps_ upton. An.officer
someone rvho suffers
::*1,l3l 1-onrlr.s
noced tt-l no^m
addiction and rvould
T1y"_ro. rjmc_reducrion ro_
\llen rvas caught
th;
workin galns tor-convictions on theft,'for_ i"-'?i f
relcas
lT_i{ ro reoffend
ii* I
cnrg operation complet geryand drug charges.
earter.
rvcillance equipnient,
j13
ro poiDt out to you rhat
:u, goggles and a safe
-1.1uu1,
ry;"^Hi'uei"Hil:"",
gespitc flc facf that yo.,'u. ,lon.
Il'J,L',1';xfl ::f ""f,

3 z3..grans of methzulr_ .lot of srupjd things,

car
sec
rhat
e, all seized at Alien'.s
gent p..'oll,,, up -e rri r tr m ert-r n nriir"e'_' :fu,:f
rut ttro blocks front
son to rvitlless drug
l,T9^:,
the iri frlritelli
ranrncs rn!l*.s
activit, ru,i
his car..,,
s celter on Southlvest
ne rvas a minor.
The judge rvas referring
SrcveArnnr,
to a re_ gucd
"\4that's happencd
SetAvenue in dorurtown
arl|gm.y,
_.{9,t':
cent string of convicfiotrs.
ln,tral last nlonth that his
rvilh vor rr
cli_
ncr
lrare
scr
Iast
up
yca
thc ftlv
prosccutors told the :ll^.".,rtd
1000, the day before
druq deat lr,irh tt,.
i dl,-, i:l',"i1
his cou_rt, Allen called

itl$
ofi.u'rl rmpress.upon
\4/inCo Foods in rorrnallt
llm-how
because he rvs it the
paid ofTfor
1.orr."

t]' Disrrict Attomey

Brack-

.ey uscd Allen,s crinrinal

#'n

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f-?l:,:i'l'f: ffil.,"g;

if

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H'_'*l1l
Tt*:, ny;,:lli[ ;l;

ir l[i:

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Mr'trEr

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j,ffir{,{*m-

ALAN C. BONEBRAKE
Judge

(503) 48-8872

T'rY (s03) 93-4863

OREGON IUDICIAL DEPARTMENT

WASHINGTON COUNTY TRIAL COURTS

TWENTIETH IUDICIAL DISTRICT

*****M

E M O R A N I) U

M*****

To:

All Washington

From:

Judge Alan C. Bonebrake

Date:

December 19,2001

RE

Washington County Community Corrections

\ilork Release Policies

Two matters of interest to me on this subject have occurred recently.

Firsf I read in the Tuesday, I)ecember 18, 2001, Metro section of the Oregonan an
article regarding Mr. Samuel James Allen being released by the community corrections
center to go to work at a job that didn't exist for an employer with a lengthy criminal history.
Secondly, in cleaning out my old files, in preparation for retirement, I came upon my
letter dated July 10, 1998, to Dan Olsen, county counsel, expressing my similar concerns
regarding the work release policy of the center in the case of tb'e State of Oregon vs. Gregory
Garc. I published a memorandum to all judges expressing my concerns at that time. I am
enclosing a copy of my July 10, 1998, letter with this memorandum.
Has the center's policy on verification for work release changed at all?

cc:

Dan Olsen, Washington County Counsel

John Hartner, Director Washington County Community Corrections
Robert Hermann, Washington County District Attorney
Bracken McKey, Deputy District Attorney

ALAN C. BONEBRAKE

Wrshngron County Counhou*

Judge

Hillsboro. Orcgon 97124

(503) 48-887:

TTY (503) 93-83

oREGON IUDICIAL DEPARTMENT

WASHINGTON COUNTY TRIAL COURTS
TWENTIETH ILJDICIAL DSrRrCr

July 10, 1998

Dan R. Olsen
Washingon CountY Counsel
340 Public Services guilrling
155 North First Avenue
Hillsboro, Oregon 97 124

RE:

State of Oreeon vs. Greeory Garcia

Dear Mr. Olsen:

your office has ordered a transcript of the probation violation hearing held by me on April
came to
20, 1998. Apparently, tis case has beentrought to your aention' Many of the facts
to be an
my attention-o,r.r u y"* ago. In the foilowing letter, I have set forth what I beeve
accurate statement of the relevant facts-

victin
This case is not just about Gregory Garcia. It is also about Glenda Cavallero, the
the
from
who was repeatedly forttty anally soJomi'ed by Mr. Garcia while he was on a pass
communiryiorr.ctioo, .""i.r. During k. Garcia's trial on lvlay 2L,199'7,lvIs. Cavallero
pushed
testified that as a result of the attach ih" ** bleeding from the recturn, she had been
,.almost inside out,' ad she had difficulty walking. In addition to being very "tender and torn up
of the franscript
inside," she had bruises on her chest caused bV Mt. Garcia's knees. I have a copy
pleased to provide you
of her testimony and if you would be interested in readi"g iL I would be
with a copy.

Dan R. Olsen
Washington County Counsel

RE:

State of Oreson vs. Gresory Garcia

Page Two

In order to understand this case in more detail, one needs to know something about the
history of IvIr. Garcia, why Mr. Garcia was in the communiry corrections center and how it was
that he had the opportunity to repeatedly anally sodomize Ms. Cavallero while he was an inmate
there.
Garcia first came to my attention on December 5, 1996. On that date, he pled guty
t'assault in the fourth degree, u rius A misdemeanor. That incident occurred on Novembr 2,
1996. The victim of that crime was also Ms. Glenda Cavallero. She and defendant had been
residing together. She was at thei place of residence sleeping when defendant initiated an
argument that soon escalated into a physical struggle. He grabbed her by the hair and dragged her
out of bed. As she was positioned on the floor on her hands and knees, he slammed her head
against the bed and tore her clothing, completely ripping offher pants and shirt. He left the room
for an instant saying that he was going to get something to hit her with. In the meantime, she
called 911 and ran outside into the street in her bra and panties. Mr. Garcia chased her down in
the street and dragged her back to the house, telling her that he was going to "kick her ass." She
suffered from abrasions to her body and complained of a bump on the head.

Mr.

After defendant's plea of guilty on that occasior I was advised by the district attorney
that Mr. Garcia had previously been convicted of theft in the first degree in 1980 and that his
probation was revoked for a violation in 1983. He was arrested for assault in the fourth degree
on August 2,1982, but no complaint was filed. He was arrested again for assault in the fourth
degree on September 8, 1982, but that charge was ultimately dismissed. The named victim in the
September 8,1982, case !,/as an ex-wife, Dorothy Garcia. Further, according to the district
attornev, defendant had been arrested in Clairmont, California on September 8, i988, for
vandasm, kidnaping anci rape of a spouse. The victim ar that time was iris wife, lvfary Jean
Garcia.
The facts of the September 8, 1982, case are easiiy determined because that assault charge
was filed in our district court. The trial court file contains an affidavit, a sworn statement, signed
by Dorothy Garcia, lvl. Garcia's ex-wife. According to her sworn statement, they had been
married for three and one-half years and he had been physically abusive throughout that time.
They were divorced in July of 1982, and on September 8, 1982, he came to her apartment to see
their children, althou-eh it was not a scheduied visitation day. An argument occurred and he
attacked her physically, causing pain, redness and swelling in her arm, hand, low back and head.
She was treated at St. Vincent's Hospital and her arm was placed in a sling.

Dan R. Olsen
Washington County Counsel

RE:

State of Oregon vs. Gregory Garcia

Page Three

Anyone wishing to know the facts of the 1988 incident involving Mary Jean Garcia" can
obtain copies of the investigative police reports from the City of Clainlont, California. Copies of
those reports were fced to the City of Beaverton during its police department's investigation of
Mr. Garcia's last case in this county. According to those reports, at that time, police responded
to a report that a male subject'/as attempting to kick a door down in order to get to his wife.
A,ccording to Ms. Garcia, she had separated from Mr. Garcia because he had been hitting her.
I\lk. Garcia contacted Ms. Garcia at her work, grabbed her and forced her into his car and drove
to the babysitter's residence. Mr. Garcia took the baby, put it in the car, all the while Ms. Garcia
was proresting. They then drove to Mr. Garcia's home and Mr. Garcia said that he would keep
the baby there and require her to move all of her belongings back into his house. She protested
with him and told him she wished to leave, but he bolted the door and refused to permit her to
exit the premises. He then told her he wanted to have sex and although she said no, he persisted.
She evenrually gave in. Ms. Garcia was thereafter able to grab the baby, and run from the
residence and enter the manager's apartment. It was while she was in the manager's apartment
that Mr. Garcia tried to kick the door ir, but was stopped by the police.

It

is noted that both the September 1982, Washington County case and the September

1988, Clairmont, California case \ryere dismissed. Anyone with a working knowledge of the
typical patterns of domestic violence knows that victims frequently are in fear and intimidated into
requesting a dismissal of charges or refusing to cooperate with the prosecutor's office once the
initial arrest has been made.
When Mr. Garcia came before me on December 5, 1996, for dentencing on the first assault
upon Ms. Cavallero, I was unav/are of the very liberal "pass" policy and inadequate security at the
cmmunity corrections center. I sentenced Mr. Garcia to a period of formal probation with 90
days in custody to be served in the community corrections center. The probation conditions
included mental health Bafterer's Specific counseling, that he have no contact with the victiru and
other ordinary probation conditions. The 90 days in the communify corrections center began

immediately.
On December 6, i996, IvIr. Garcia entered the community corrections center. Upon entry
he was required to give a urine specimer which ultimately was tested and found to be positive for
the presence of THC (marijuana).

Dan R. Olsen
Washington County Counsel

RE:

State of Oregon vs. Gregory Garcia

Page Four

The probation department had Mr. Garcia's complete criminal history and either had or
had access to all of the information I have previously discussed. Nevertheless, at lvlr. Garcia's
probation violation hearing held in my courr on.Lpl ZO, 1998, Ms. Karleigh Falt, supervisor of
the community corrections center, testified that they "considered him to be a lower risk

offender."
On entry into the center, Mr. Garcia first met with Doreen Daniels, a corrections center
monitor. She performed the orientation for Mr. Garcia and explained the usual rules and
piocedures to him. Later, he met with Ms. Diane Kopperman, a residential counselor. Amon-e
subjects she discussed with him was his employment at Frito-Lay. At the probation violation
hearing, she explained that as a part of job verification the employerwas told of the community
corrections center's requirements and that employers are instructed that if there is any change in
an inmate's work schedule or if they are fired, laid ofi, leave the job site at any time during the
day, or if their hours of employment are changed, the employer is to notify the center's staff
immediately. Ms. Kopperman testified that although random checks with employers may be
performed, in this case they never made a random call to Frito-Lay to verify lvk. Garcia's hours
and days of employment, and never required Mr. Garcia to bring to them a copy of his time card.
They simply trusted IvIr. Garcia and his employer to notify them of any changes.

Rob Gates, the community corrections center's manager, also testi.fied at the probation
violation hearing. He said that continuing job verification was a resource issue, that the center
had a limited budget to perform all of its functions and that continuing job verication or random
checks of employment were seldom performed. To randomly check with the employers of
inmates once each week would require the center staffto make about ten telephone calls a day.
There apparently are no resources to make those ten telephone calls each day, but the department
does have the resources to spend $40,000.00 per year for acupuncture for inmates, "family
members" and corrections department staff.
While he was incarcerated at the center, Mr. Garcia had permission to go to work Monday
through Thursday at Frito-Lay. In additior he requested and received permission to go home on
Fridays and Saturdays to refurbish an old car that he wanted to sell. What staffdidn't know,
because they never checked, was that during the months of December and January, Mr. Garcia's
hours of employment at Frito-Lay were substantially reduced. [n fact, after December 8, when
Mr. Garcia first became eligible for passes, on many occasions when he was released for
employment, he did not go to work. It was on one of those occasions when he again brutalized
Ms. Cavallero.

Dan R. Olsen
WashinSon County Counsel

RE:

State of Oregon vs. Gregory Garcia

Page Five

No random check of r\Ir. Garcia's employment was ever performed. During Mr. Garcia's
stay at the center, he was never enrolled in a drug treatment program. He never completed an
evaluation, nor was he enolled in any Baterer's Specific treatment program as required by the
Court. Although at intake, he indicated he was interested in pursuing his GED certificate, there is
no evidence he ever attended a single class. In fact, Mr. Garcia was never in the center long
epough to parricipate in any form of counseling or treatment because according to the testimony
of,Vls. Falt, at Mr. Garcia's kidnap/sodomy trial, during Mr. Garcia's stay at the center, there
were only three or four days when he wag not released from the center on some form of pass. No
monitoring ever occutred to veriSr that Mr. Garcia was where he was supposed to be during the
passes. He was a low risk offender. They just trusted him.
On January 9, 1997, Ms. Cavallero received information that Mr. Garcia wanted her to get
her personal properfy out of his apartmenr or he would dispose of it himself. His communication
was that she should calt him to make arrangements. This was in spite of the fact that the Court
had ordered a "no contact" provision. lvfs. Cavallero called Mr. Garcia and made arrangements to
pick up her property. Wile she was at the apartment obtaining her things, he grabbed her, threw
her down on the couct put his knees on her chest, then on her throat, and took a pair of scissors
and cut her hair. Then he ordered her to remove her clothes and he removed his jeans and shoes.
He demanded that she "suck his dick." He told her that she owed him $4,000.00 because of the
costs he was incurring in staying in the community corrections center. Then he carried her into
the bedroom, tore her underpants ofl pulled some cream out from under a pillow, which he used
to lubricate her rectum and then insened his penis. A.fter he jaculated, he went to the bathoom
to clean up and returned. He then again grabbed Ms. Cavallero and took her to the bedroom and
again forced anal intercourse upon her. All ofthese events occurred, ofcourse, on one ofthe
days when the department trusted hirn, without monitoring, to go to work.
The communiw conections deparrment takes a -*reat deal of pride in announcing that the
program operated at the community corrections center is based upon trust and rehabilitation. As
we know, in spite of Mr. Garcia's long history of committing violence upon females, the staftdetermined that Mr. Garcia was a low risk offender. During his stay there, they trusted him to no
longer use drugs. He was never required to enter into a drug treatment progfam. They trusted
him to have no further contact with Ms. Cavallero but made no effort, either through her or
through any other means, to veri$ that such contact was not occurring. Although the Court
orderd NIr. Garcia to enter into and complete a Batterer's Specific treatment program, during the
nearly fwo months he was there, they never required him to undergo an evaiuation and enter into
such a program. They trusted Mr. Garcia to go to work at Frito-Lay each day, but never
performed any random checks to be sure that his days and hours of employment had not changed.

Dan R. Olsen
Washington County Counsel

RE.

State of Oreeon vs. Gregory Garcia

Page Six

They trusted him to work at home on Fridays and Saturdays on old vehicles that he was
theoretically rebuilding, without ever makinq an attempt to verify that it actually was occurring. I
find no evidence in this case that he-was ever required.to enter into any form of a rehabilitation
program. He was released from the center nearly every day on some form of pass.
:

For several years, I have been the chairperson of the judges' criminal law team. My
interest in the department's handling of this case is in fwo areas. First, my interest is in
determining how inmates are supervised while residing in the community corrections center, and
whether that supervision meets judges' expectations. Second, my obligation was to determine
whether Mr. Garcia violated conditions of probation while residing in the center, and if he did,
how that violation was permitted to occur.
,

Mr. Garcia's supervision while at the center was certainiy not what I had expected and I
doubt it was what the community expects for potentially violent offenders. If incidents such as
occurred in IvIr. Garcia's case (kidnap and sodomy), and lzfr. Charles Brown's case (murder) and
Mr. Destry Nevarez's case (robbery, kidnap, assault and burglary), are to be prevented, a serious
review ofthe use and operation ofthe center needs to occur.
some of the pertinent facts of this case to be helpful
while you are reviewing the transcript of the April 20, 1998, hearing.

I hope you find this quick review of

If you have any questions or wish to discuss this matter further, please call
Very truiy yours,

Alan C. Bonebrake
Circuit Court Judge

ACB/lcp

cc:

Presiding Judge Gayle Nachtigal

M.: m{u

me.