Multnomah County CRIME VICTIMS UNITED |
In the spring of 1999, Steve Doell, President of Crime Victims United, made a public information request of the Multnomah County District Attorney's Office. The purpose of the request was to gain insight into the profile of an offender sentenced under Measure 11. What follows is the information provided by the District Attorney.
April 5, 1999 letter from
District Attorney Michael Schrunk to CVU President Steve Doell
Dear Mr. Doell This letter confirms the results of the random sample of Measure 11 cases conducted as a result of your public information request. Your request sought information concerning the prior records of Measure 11 offenders who received a Measure 11 mandatory minimum sentence after the effective date of SB 1049. In response, we selected a random sample of 50 cases. We have about 400 to 500 cases that fit the descriptive category you sought information about. Thus, at least 1 out of every 10 cases was randomly selected for review. The results were that 84% had a prior criminal record and only 16% did not (see Attachment "A"). The cases where no criminal record was discovered were examined more closely. The facts of those cases are attached for your review (see Attachment "B"). It should be noted that although 8 defendants received a Measure 11 mandatory sentence without having a prior record, in cases 2, 3, 4, 5, and 6, the mandatory sentence was a reduced one. You have asked why our statistics appear to differ from the Department of Corrections data on prior record. Although I can only speculate, there appear to be several reasons. First, our criminal history information appears to be more complete. Our criminal history staff does a very thorough research of a defendant's prior record that includes, for example, many out-of-state and juvenile convictions that the Department of Corrections does not appear to have access to. Secondly, it may be the profile of these offenders has changed since SB 1049 went into effect and that the Department of Corrections data includes cases before this change in the law went into effect. Finally, although it was not a large number, we counted offenders who had pending charges at the time they committed their Measure 11 offense as having a prior record. A matrix has been attached showing the number of previous felony, misdemeanor, and pending cases (see Attachment "C"). Very Truly Yours, MICHAEL D. SCHRUNK By Jo'ey Stewart
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Attachment "A"
Attachment "B"
BM11 Defendants Without Prior Convictions Subsequent to 10/3/97, SB 1049
DA Case Number |
Gridblock |
Nature of the Case |
1156590 |
10-I 120/36 |
DUI/Man I/Aslt III/Reck Dr/Cr Misch II: An aggravated vehicular homicide where other victims were injured as well |
1143401 |
8-I 75/120 |
Sex Abuse I: Long-term sexual abuse of a child |
1155315 |
9-I 70/36 |
Robb II (lio) w/gun: A gunpoint stranger-to-stranger robbery |
1153233 |
8-I 75/120 |
Sex Abuse I: Sex abuse of a young child |
1145461 |
6-I 70/24 |
Robb II (lio) co-def w/gun: A gunpoint stranger-to-stranger robbery |
1168156 |
9-I 70/36 |
Robb II (lio) co-def w/gun: A gunpoint stranger-to-stranger robbery using a short-barreled shotgun |
1172433 |
9-I 100/240 |
Sod I: Long-term sodomy of a 9-year-old child |
1170514 |
10-I 90/240 |
Kidnap/Rape/Sod/Sex Abuse/Coercion: Abduction of a 13-year-old girl at gunpoint, followed by rape and sodomy |
Attachment "C"
BM11 Defendants With Prior Convictions, Subsequent to 10/3/97, SB 1049
DA Case Number |
Felony |
Misdemeanor |
Juvenile |
Pending |
Gridblock |
Sentence |
1144299 |
1 |
2 |
0 |
1 |
10-G |
100/240 |
1144696 |
1 |
1 |
0 |
0 |
9-H |
70/36 |
1144703 |
0 |
0 |
0 |
1 |
9-I |
70/36 |
1144894 |
1 |
1 |
0 |
1 |
8-C |
75/120 |
1145646 |
8 |
7 |
2 |
0 |
9-E |
90/36 |
1147525 |
3 |
3 |
1 |
0 |
9-F |
70/36 |
1148143 |
0 |
2 |
0 |
2 |
9-H |
70/36 |
1148145 |
3 |
2 |
11 |
2 |
9-A |
70/36 |
1150172 |
1 |
1 |
0 |
0 |
8-G |
75/120 |
1152900 |
3 |
1 |
0 |
0 |
9-A |
100/240 |
1152905 |
4 |
0 |
0 |
0 |
9-A |
100/240 |
1154212 |
2 |
1 |
2 |
0 |
9-F |
70/36 |
1155030 |
1 |
1 |
0 |
0 |
9-G |
70/36 |
1155573 |
0 |
0 |
0 |
1 |
10-I |
100/240 |
1156686 |
0 |
2 |
0 |
0 |
9-H |
70/36 |
1158126 |
7 |
5 |
0 |
0 |
10-A |
90/36 |
1158773 |
0 |
0 |
0 |
3 |
7-I |
NO GRID |
1160121 |
2 |
0 |
0 |
0 |
9-D |
90/36 |
1161942 |
0 |
0 |
0 |
2 |
9-F |
90/36 |
1162170 |
2 |
1 |
0 |
0 |
8-B |
75/120 |
1163541 |
1 |
3 |
0 |
0 |
9-C |
70/36 |
1164085 |
0 |
0 |
3 |
0 |
9-G |
90/36 |
1164752 |
0 |
1 |
0 |
0 |
9-H |
100/240 |
1165147 |
0 |
1 |
0 |
0 |
10-H |
90/36 |
1165601 |
0 |
0 |
2 |
0 |
8-C |
75/120 |
1165845 |
2 |
0 |
0 |
0 |
9-F |
70/36 |
1166177 |
6 |
3 |
0 |
1 |
9-B |
70/36 |
1166193 |
2 |
3 |
0 |
0 |
10-F |
100/240 |
1166199 |
0 |
0 |
3 |
0 |
9-G |
70/36 |
1166416 |
3 |
12 |
0 |
0 |
9-F |
90/36 |
1166427 |
9 |
0 |
0 |
0 |
9-G |
90/36 |
1166577 |
1 |
1 |
1 |
0 |
9-B |
70/36 |
1166838 |
0 |
1 |
0 |
0 |
8-H |
75/120 |
1166839 |
6 |
2 |
0 |
2 |
9-E |
70/36 |
1168292 |
2 |
0 |
0 |
0 |
9-C |
90/36 |
1169684 |
1 |
4 |
0 |
0 |
9-D |
70/36 |
1173518 |
0 |
0 |
1 |
0 |
9-D |
70/36 |
1173629 |
0 |
3 |
0 |
0 |
8-H |
75/120 |
1175689 |
0 |
0 |
2 |
0 |
9-B |
70/36 |
1177566 |
0 |
0 |
0 |
2 |
9-A |
70/36 |
1179943 |
9 |
3 |
2 |
1 |
8-A |
70/36 |
*1180556 |
2 |
0 |
0 |
0 |
9-F |
70/36 |
AVERAGES |
3.19 |
2.58 |
2.73 |
1.58 |
- |
- |
TOTALS |
83 |
67 |
32 |
19 |
- |
- |
* UPWARD DEPARTURE, STIP FACTS+ACTS=NON BM 11 TREATMENT