Post by Critique on Jan 19, 2007 3:12:05 GMT -5
GOLD BEACH, OREGON – Curry County Sheriff Mark Metcalf was arraigned Tuesday on an indictment handed up by a Curry County Grand Jury charging him with 11 misdemeanors, including four counts of sexual abuse in the third degree.
“I am obviously unable to discuss or address any specifics of the allegations made against me, but I am asking the citizens of Curry County for the opportunity to present my case to a jury in a court of law,” Metcalf said in a statement following the arraignment.
The charges in the indictment relate to alleged incidents dating back to January, 2005.
Charges of sexual abuse in the third degree, harassment and official misconduct in the first degree date back to Jan. 4, 2005, when Metcalf allegedly subjected one woman to sexual contact by touching the area of her breasts. The same woman was allegedly involved in similar charges on Feb. 8, 2005.
Similar acts were alleged to have occurred with another woman on March 23, 2006, and with a third woman in the months of March and April in 2006.
In addition to four counts of sexual abuse, Metcalf was charged with four counts of harassment and three for official misconduct in the first degree.
At Metcalf’s arraignment Tuesday, Curry County Circuit Court Judge Richard Mickelson set a pretrial appearance for March 2.
“Sheriff Metcalf will be on a conditional release until this date,” Mickelson said.
Judge Richard L. Barron, presiding judge of the 15th Circuit Court, will handle the case, Mickelson said.
Metcalf placed himself on administrative leave pending the outcome of the case. He did not say whether the leave, effective immediately, was paid or unpaid.
Cheryl A. Pellegrini, the attorney in charge of the organized crime section of the Oregon Department of Justice, is prosecuting the case.
Appearing by telephone, Pellegrini asked Judge Mickelson to order Metcalf to have no contact with the victims in person, by telephone, or any other way. She asked the judge to avoid the Curry County Annex because two of the victims work in that building.
“He is the elected sheriff,” Mickelson said, noting that Metcalf might have business in the annex.
“If he seeks out somebody and starts a conversation, that’s a violation,” Mickelson said. “If he walks by without contact, that’s not.”
Jim Newman of Citizens for an Honest Government said the indictment will not make much difference in the group’s petition drive to force a recall election for Metcalf.
“It will make getting signatures easier,” Newman said. “We’re probably a little over a third there.”
The petition is due by Feb. 26. The recall group had 90 days to collect 1,421 signatures asking for the special election.
The Curry County Board of Commissioners issued a statement saying they had recently become aware of allegations of inappropriate workplace conduct against the sheriff.
“As soon as the county was told about these allegations, it undertook to do its own internal investigation pursuant to county policy,” the statement said. “However, due to the pending criminal investigation, the county has not yet been able to conduct interviews in connection with these allegations and complete its investigation. At this time, the county has no additional information about these allegations.”
Commissioner Marlyn Schafer said the county would “have no liability” if Metcalf is convicted.
Stephanie Soden, the attorney general’s executive assistant, said the investigation was conducted by the Oregon Department of Justice, which conducted the grand jury investigation in Curry County.
“Allegations were made against the sheriff by several employees,” Soden said. “As often occurs in these cases, the acting District Attorney called the Department of Justice to take over the investigation.”
She said the justice department conducted the investigation, then “we presented evidence” to the grand jury “and they issued a true bill.”
She said the next step would be March 2 at the pretrial conference. “If the sheriff wants to enter a plea, the plea would be at that time.”
In his statement, Metcalf noted that the charges were the result of the grand jury proceeding last week.
“For those of you that are not aware, a grand jury proceeding is done in secret by the state and the defendant has no chance to be represented by counsel, present witnesses on his behalf or even cross examine any of the state’s witnesses. In short, a grand jury indictment is not a conviction,” Metcalf said.
“No one has more respect for the office of sheriff than I do,” Metcalf said. “The ‘office’ is bigger than any sheriff that holds it; past, present or future.
“If anyone in my employ were in a similar circumstance, I would place them on administrative leave pending the outcome of the criminal case. It is for these reasons that I will myself be on leave pending the outcome of the case against me,” Metcalf said.
“My office has a well defined chain of command and Capt. Allen Boice will assume command in my absence.”
Metcalf was a captain in the sheriff’s department when he was appointed in December 2003 to replace Sheriff Kent Owens, who retired.
“One of the most important things I learned during five years with Sheriff Owens was the power of consensus,” Metcalf said at that time. “I will continue that management style. He was a great mentor in that regard.”
Metcalf was elected sheriff when his term expired in 2004.