The attorney representing William Donald Hansen, a Baker City man accused of selling methamphetamine, contends Hansen should be released from jail or have his bail reduced.
Craig Russell, a Pendleton attorney, filed a motion Monday, Dec. 1, in which he argues that Hansen’s $400,000 bail is unconstitutional.
A hearing on Russell’s motion is set for Thursday, Dec. 4, at 3 p.m. in Baker County Circuit Court. Michael Spaulding, chief deputy district attorney who is prosecuting Hansen, objected to Russell’s motion.
Hansen, 71, was arrested Aug. 22 in Las Vegas after a grand jury indicted him on one count of unlawful delivery of meth, a Class B felony, and unlawful possession of meth, a Class C felony.
Hansen was released from the Baker County Jail on Sept. 26 after posting $7,500, 10% of his $75,000 bail.
The Baker County district attorney’s office filed a notice on Nov. 17, stating that Hansen had violated his release agreement by failing to check in daily at the parole and probation office. Hansen failed to check in on Oct. 13 and 16, and Nov. 3, 4, 6, 7 and 10, according to the notice.
Spaulding filed a motion on Nov. 19, seeking to revoke Hansen’s release agreement. Judge Matt Shirtcliff issued a bench warrant for Hansen’s arrest, and Baker City Police arrested Hansen on Nov. 20, at his home. Shirtcliff set Hansen’s bail at $400,000. He could be released by posting 10% of that amount.
In the Dec. 1 motion, Russell wrote that Hansen left a voice mail for his release officer saying he missed a scheduled check-in call because he was pouring concrete.
“The defendant is not flight risk,” Russell wrote in the motion. “The defendant is an Oregon resident and long-time resident in Baker, County. Virtually all ofthe defendant’s family and financial resources are in Baker County. Even the allegations against the defendant now are not related to “flight” behavior — they are, at best, sign ofthe defendant’s age and very stringent release conditions.
“The defendant did not miss court appearance, did not flee the State, and did not commit new crimes,” Russell wrote. “The revocation ofthe defendant’s release and imposition of $400,000 bail is arguably unconstitutional. Additionally, even if the court is concerned that the defendant “may” commit new crimes while on release, that is not basis for detention.”
Russell argues in his motion that courts are “ routinely setting unaffordable security amounts for people accused of misdemeanors and nonviolent felonies, who are entitled to release. As result, every night and throughout the state, thousands of presumptively innocent people like the defendant sit in jail cell because they do not have sufficient cash to buy their freedom.”
Russell cites the Oregon Constitution, which states, in part, that “excessive bail shall not be required.”
The charges
Hansen was one of three people arrested in a Baker City Police investigation into meth sales earlier this year.
Spaulding filed a notice in October that he intends to seek a longer prison term for Hansen if he is convicted — what’s known as “enhancement.”
The basis for this, according to Spaulding’s notice, is Hansen’s previous convictions for “similar offenses,” including:
Hansen was sentenced to 25 months in state prison for the 2013 conviction.
Spaulding said the maximum prison term for Hansen’s current charges is 10 years.
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