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Police Department4 available to petitioner at the trial. Another
witness, Detective David Thalman, was recovering from open heart
surgery and was unable to appear.
Both Detective Menzies and Detective Etter testified
concerning the papers which had been in the custody of the
Newport Police Department. The witnesses testified as to the
collection, custody, and eventual delivery of the papers to
petitioner’s corrections counselor.
During the course of the hearing it was established that the
papers had originally been seized by the police from a storage
room at the Port of Newport, Oregon, on January 9, 1992, as
evidence for use in petitioner’s State criminal trial. The
papers had originally been stored on a boat previously owned by
petitioner, but had been moved to a storage room around the time
the boat was destroyed. It is not known who initially removed
the records from the boat and put them in the storage room.
The papers, contained in two cardboard boxes, were placed in
the evidence locker of the Newport Police on January 9, 1992.
They were later transferred to a single cardboard box on May 3,
1996, and, as stated above, were delivered to petitioner’s
4 Detective Etter had previously worked for the Newport
Police Department and had also served as the officer “second in
charge of the evidence locker”.
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