DA to ask for 159 + convictions be reversed involving discredited TD Police Officer

From Alice Lundell, Director of Communication, Oregon Justice Resource Center:

PORTLAND, Ore., Jan 25, 2023 – The District Attorney of Wasco County Matt Ellis has begun asking the court to overturn more than 100 felony, misdemeanor, and violation convictions and contempt findings following an independent review of cases involving discredited former The Dalles police officer Jeffrey Kienlen.

The recent announcement comes at the end of a lengthy investigation and review process that intends to right the wrongs of the former police officer who according to the report was dishonest and overly aggressive. Ellis, reached for comment on Wednesday, Jan. 25th, said he has been left to “harm reduction.” in regard to locals who were convicted in cases involving Kienlen.

Reached for comment on Wednesday Night, Wasco County District Attorney said the overturning of more than 100 convictinns was at best “harm reduction.”

Ellis asked The FA:IR Law Project or FLP, a program of the Oregon Justice Resource Center, to conduct an independent review of cases that may have been tainted by Kienlen’s involvement. Kienlen worked on hundreds of cases in The Dalles before a disciplinary action for his dishonesty was publicly revealed two years ago.

 In 2011, former District Attorney Eric Nisley learned that the Chief of Police had demoted Kienlen from sergeant to officer and reprimanded him for dishonesty. This information would have been directly relevant in any case where Kienlen’s testimony is being relied on to prove a defendant’s guilt in a criminal case.

Prosecutors are obliged by law to turn over evidence to the defense that may be helpful, but Nisley never revealed the existence of the letter demoting Kienlen and addressing his dishonesty. It only came to light when it was discovered in a desk drawer by current District Attorney Matt Ellis when he took office in January 2021. The withholding of favorable evidence from the defense is not only illegal and a violation of professional conduct rules but also a leading cause of wrongful convictions.

From CCCNews:

“As of March 5, 2021, Officer Kienlen’s employment with the City of The Dalles Police Department has been terminated given his inability to perform the essential duties of a police officer,” said the City of The Dalles press release.

The firing was precipitated by Ellis barring Keinlen from testifying in court on March 2, 2021.

Kienlen in July of 2021, gave notice of intent to sue The City of The Dalles for claims of intentional interference, false light, and unlawful termination. Read that story here.

Kienlen has yet to file that suit at this point, said The Dalles City Attorney Jonathan Kara this morning, Jan. 26.

CCCNews reached out to Kienlen this morning, Jan. 26, via phone message and text to get his response in regard to the findings about his conduct reported by FLP.

We will add his comments to the story when received. - Tom Peterson

From FA:IR Law Project:

Ellis brought in The FA:IR Law Project to determine the extent to which the prosecution relied on Kienlen’s involvement in each case and the integrity of those convictions. FLP looked into 251 cases and recommended dismissal of the cases or expungement of convictions in 169 of them. The Wasco County DA’s Office agreed with FLP’s recommendations in all but ten cases.

Former TD Police Officer Jeffrey Kienlen

“Past failures of leadership in the Wasco County District Attorney’s Office have meant Kienlen’s misbehavior was ignored, covered up and enabled,” said Matt Ellis, District Attorney for Wasco County. “The people of Wasco County elected me to restore their faith in the justice system. Clearing convictions made unreliable by Kienlen’s involvement is a start. My office is committed to work with law enforcement and our community partners to ensure we prevent this type of situation from recurring."

 FLP’s review revealed more problems with Jeffrey Kienlen’s conduct as a police officer than dishonesty. The investigation showed a pattern of aggressive behavior and unreliable investigative work. Often, other officers were present to witness Kienlen’s misbehavior. Read the full FLP report here.

 “We started our review by asking the question as to whether Kienlen’s involvement meant convictions were unsound and we should recommend dismissal or expungement,” said Brittney Plesser, Co-Director of The FA:IR Law Project. “What we found as we dug deeper caused us to broaden the scope of our report. How was Kienlen able to continue as a police officer for so long despite his clear, documented wrongdoing? This is an institutional problem, not one rogue officer. Other City of the Dalles Police Department leadership and employees as well as the Wasco County District Attorney’s Office knew about the behaviors described in our report.”

FLP’s report documenting its investigation of Kienlen includes accounts from and about people harmed by him over the years. Their stories feature descriptions of disproportionate aggression by Kienlen, hostility toward people he engaged with, and a disregard for City of The Dalles Police Department policies, including policies on the use of force, encounters with people in mental health crisis, unholstering firearms, and using Tasers.

Escalation of interactions with people in the community into violent encounters was noted. As a result of the broader findings of the FLP investigation, the group’s report includes recommendations for reform for police, prosecutors, and state legislators to protect the public.

Editors Note - CCCNews will follow with a more detailed story in days to come.

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The Oregon Justice Resource Center (OJRC) is a 501(c)(3) nonprofit founded in Portland, Oregon, in 2011. We work to promote civil rights and improve legal representation for communities that have often been underserved in the past: people living in poverty and people of color among them. Our clients are currently and formerly incarcerated Oregonians. 

The FA:IR Law Project is a program of the Oregon Justice Resource Center that works to address systemic failures and create a more fair, just, and humane criminal legal system. Specifically, the FA:IR Law Project seeks to: reverse, vacate, and prevent wrongful and unjust convictions and sentences and mitigate and prevent excessive sentences.