Former University student Ian Van Ornum, who was shocked by a Taser by police last May during a protest, had his first day of trial Tuesday, which proved to be an eventful start to the high-profile case.
Van Ornum, who is charged with one count of disorderly conduct and one count of resisting arrest, both misdemeanors under Oregon law, participated in a University-sponsored pesticide protest on May 30, 2008, where police say he was allegedly blocking traffic.
The court did not come to a conclusion and Van Ornum’s trial will continue today.
Before Judge Jack A. Billlings, two witnesses for the prosecution gave testimony about Van Ornum’s actions, outlining the time frame for which the events allegedly occurred. But some unplanned events disrupted the trial’s schedule.
At about 3:30 p.m, the courthouse fire alarm sounded. As jurors were led out of the courtroom, Tim Lewis, a spectator of the trial, videotaped them. It is against the court’s order to videotape any part of the trial, and Lewis was thrown out of the courtroom after the fire drill.
During the prosecution’s opening statements to the court, Lane County District Attorney Bob Lane asked the jury to consider that Van Ornum’s crimes were committed before the Taser was used.
“There is a whole big controversy over the fact that a Taser was used,” Lane said. “The bottom line is that Van Ornum blocked traffic and resisted arrest before that event ever occurred.”
Laura Fine, Van Ornum’s lawyer, said what started out as a peaceful pesticide protest was quickly misunderstood by homeland security as being the “pitch-fork rebellion.” Fine instructed the jury to pay close attention to how much force was used in relation to the short amount of time that transpired.
Both Lane and Fine agree that Van Ornum was standing on the corner of Willamette Street and West Broadway in a white hazardous material suit with a decorated spray can when Eugene Police Officer Bill Solesbe asked him to approach the police vehicle. According to Lane, Van Ornum threatened the officer and said he would spray him in the face with the liquid in his spray can. However, Fine said Van Ornum did not threaten the officer, but instead engaged him in a discussion about pesticides.
In a cross-examination by Fine, officer Solesbe made it clear he had not been concerned about the spray can, assuming it had not been full of an actual pesticide.
Department of Homeland Security officer Thomas Keeley was the first witness called to testify on the behalf of the prosecution. Keeley said he went to monitor the rally after there was concern that specific individuals at the rally were planning to march to the federal courthouse and perform disorderly acts. However, Keeley and Solesbe concluded those individuals had not been present at the pesticide rally. Keeley testified the rally seemed peaceful, but said he called Solesbe after he noticed Van Ornum blocking traffic and spraying the wheels of stopped cars with his bottle.
During his testimony, Solesbe argued that Van Ornum was responsible for holding up several blocks of traffic southbound on Willamette. Solesbe said that despite asking him to move out of the street, Van Ornum continued to block traffic. At that point Solesbe said he approached Van Ornum from the back to arrest him, but Van Ornum resisted.
Van Ornum has not been enrolled at the University since fall 2008.
The judge closed the trial at approximately 4:30 p.m., but said the trial was on schedule. Neither Fine nor Lane could comment on the trial.
“We have a gag order,” Lane said.
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Former student’s trial puts Tasers back in the spotlight
Daily Emerald
April 14, 2009
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