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Disabled Man Faces 6 Years for Defending Himself in Washington County...

Washington County is prosecuting a disabled, functionally blind (albino), mentally ill, low income man for Assault II, just for defending himself against an attacker in the Winco parking lot on Cedar Hills in Beaverton.
In Washington County, the DA's Office, in case number C071715CR, Brandon Todd Whitten (booking number 0709779)was indicted by grand jury on one count of Assault II (a Class C felony and a Measure 11 offense, carrying a minimum mandatory term of 5 years 10 months), today.

According to at least one eyewitness, Mr. Whitten was attacked at about 7:30 PM on the first of July near the bike racks in front of Winco Foods on Cedar Hills Boulevard in Beaverton, by a man who first may have tried to sell him drugs, then, barring that attempted to rob him, striking Mr. Whitten, then spitting on him and continuing to hit the defendant. At some point during the altercation, Mr. Whitten, who is functionally blind, defended himself by hitting his attacker with a small d-shaped bike lock. The attacker received only a slight wound to the head, was treated and released from a local hospital with a ticket, while Mr. Whitten received extensive cuts, scratches and bruises over much of his arms, as well a couple of minor head wounds and was arrested for his troubles and is currently being held on $250,000 bond. At the grand jury, yesterday, the witness physically closest to the attack who also called 911 (a friend of Mr. Whitten's who had gone with him to get waffle mix) was not called to testify (and was called a liar by the prosecutor), the arresting officer was also not called, but the "victim" (rather attacker) was.

Brandon Whitten, who is an albino, is functionally blind and sensitive to any amount of sunlight, on disability and dealing with mental illnesses such as severe anxiety and bi-polar disorder. He has no past history of violence, nor any prior criminal record.

For more information, call the Washington County Jail at (503) 846-6896 (M-F, 8:00 am to 4:00 pm) or (503) 846-6826 (weekends and evenings) for inmate information, or the Washington County District Attorney's Office at (503) 846-8671, or you can see Mr. Whitten's next appearance at 10:30 AM this morning, in Courtroom 202C at the Washington County Courthouse, just to sign his indictment from yesterday. You can also find him on the web at MySpace and LiveJournal as the user bennetfox and in Washington County on th web at  http://pswebpub.co.washington.or.us/jms/incustody/. Or, if you happen to physically be there, Pod 7 of the Washington County Jail in Hillsboro.

Bail. 11.Jul.2007 08:14

A. Nonymouse

Bail IS actually set at $250K. The Sheriff's website only lists the 10% it would take to bail a person out. As a result of this, may people are told that that 10% is their bail and think that the amount they need is far less. For most of last week, Brandon thought he only needed $2500 to get out. He was absolutely devastated when he was finally told the real number by a friend.

Wait. What?? 11.Jul.2007 12:45

....

The headline said he gets 6 years. But the article says he hasn't even had a trial yet, only a grand jury. Which is it?

Mercury and Criminal Lawyers 11.Jul.2007 15:36

Varro avarhola@integra.net

As a fellow member of the LiveJournal community damnportlanders, I have forwarded this to people at the Mercury.

If you are interested in legal representation, I can suggest some colleagues of mine who do criminal work.

Re: Wait. What? 12.Jul.2007 07:39

......

I don't think that's the question. For a felony, it always goes from Grand Jury to Trial. (In this case, arraignment, grand jury, preliminary hearing, then trial. The trial, which is set for approximately 60 days in this state, will probably take about 6 months to actually get to.) Anywhere along the line, anything could happen. If convicted at a trial, he faces 6 years. At any point along the line, anything could happen. Chances are, the DA is just trying to scare him into taking any deal that they can get. Its a scare tactic. Using the prosecutorial rubber stamp of the Grand Jury (so much for checks and balances) and Measure 11's harsh sentencing requirements as a scare tactic, The prosecutor is trying to force someone who may be innocent (or guilty of a FAR lesser charge) to take a sentence he/she may not deserve at all. All to make the Washington County DA look better for his political future as a "tough on crime" politician. He uses this tactic and sucks homeless and low income people into his system to prop up his conviction numbers and crime statistics to do this. I think the question is more along the lines of what is he doing in there, to begin with. Firstly, if the statement is true and this were anywhere else in the state, he probably would have never been arrested. Secondly, is he even on any of his mental health meds? Thirdly, what accomodation under the ADA is being made for him? If he can't have magnifiers which he may need (made of glass or plastic, thus sharpen-able and could be used as a weapon), is there someone available to read his myriad of forms to him? Sure, his lawyer is giving him the abbreviated interpretation of the forms, but is that adequate to his needs? Does he even have access to large-print books so that he has something to pass the time? The "victim" was taken to the hospital, then treated and released. What kind of medical care, if any, was given Mr. Whitten? Given his current location, it doesn't sound like he even got a band aid, let alone looked at, save a cursory check of his pulse and tempreature.

The Washington County Jail is not exactly known for kindness to anybody.