SAN JUAN COUNTY CRIME

No further sentence imposed in purse snatching case

posted 11/30/05
Oliver Christensen left San Juan County Superior Court Monday, Nov. 28, 2005 a free man after Judge Vickie Churchill declined to impose any additional fines or sentence regarding a 2000 crime. The 22-year-old Petersburg, Alaska man was found guilty last month of second-degree robbery. It was the second trial regarding the Oct. 24, 2000 purse snatching crime in Friday Harbor. Christensen had served his sentence and paid his fines after being found guilty in 2001.

The original guilty verdict was appealed to the state Supreme Court. The court overturned the verdict because of inadmissable evidence used at the 2001 trial. San Juan County Prosecutor Randy Gaylord decided to retry the case in 2005.

The prosecutor's office spent $5,566 flying in three witnesses from out of state. The main witness, Christopher Kean, was brought up from a California State Prison where he is serving a sentence for a drug-related crime. He had confessed to committing the robbery and other crimes in Friday Harbor in 2000. Another witness now lives in Georgia and the other is a California resident.

Gaylord asked the judge to make Christensen pay for the travel costs. Judge Churchill declined to have Christensen pay for the state's witnesses. She noted the second trial took place because of the use of inadmissable evidence in the first trial.

Christensen still maintains he is innocent of the crime. He had been offered a deal by the prosecutor to plead guilty to a misdemenor and avoid the second trial. "I didn't take it," he said, "because I am not going to admit to something I didn't do."

He was upset by the guilty verdict. The 12 jurors began deliberations in the afternoon on Friday, Oct. 28. Nine who had reasonable doubt on Friday afternoon, voted guilty the following Monday morning. Christensen believes they may have read something about the trial over the weekend.

While he doesn't have to serve any more time, the guilty verdict does have consequences. He is now a convicted felon and cannot travel to Canada or use a firearm. He is a commercial fisherman in Alaska and has hunted for food.

He's glad to have the trial behind him and is looking forward to returning to Alaska. He and his fiance Tiffany are planning a May 27, 2006 wedding.

Guilty verdict in purse snatching case

By Sharon Kivisto

posted 10/31/05
A jury found Oliver Christensen, 22, guilty of second-degree robbery after seven hours of deliberations in San Juan County Superior Court. According to the jury foreman, Michael Wehland, nine of the twelve believed there was reasonable doubt when the jury first began deliberating. They changed their mind after other jurors explained away the inconsistencies.

Christensen, now a Petersburg, Alaska fisherman, turned down an offer to plead guilty to a misdemeanor instead of going to trial. He now is a convicted felon. Sentencing was set for Nov. 14, 2005.

The crime took place around 8:30 p.m. October 24, 2000. Wilma Loeb from Portland Oregon was walking up Spring Street to her room at Friday Harbor Suites. Two young men knocked her down and took her purse.

Christopher Kean, then 16 years old, pleaded guilty to the crime and six burglaries. He named Christensen as the second person. Kean agreed to testify against him.

At a trial in 2001, Christensen was found guilty. The conviction was overturned after the state Supreme Court ruled testimony by former postmaster Carmen Dixon should not have been admitted. She said she listened in on a telephone conversation and heard Christensen admit to her daughter, Lacey, that he had committed the crime.

Dixon was not called to testify in the second trial. She is currently in prison after being convicted of embezelling $124,000 from the U.S. Post Office.

San Juan County Prosecutor Randy Gaylord had Tessa Gilfillan flown to San Juan Island from Atlanta, Georgia to testify in the trial. She was 14 years old and lived in Friday Harbor at the time of the crime. She collected $1,000 in reward money after telling Sheriff Bill Cumming where the purse was hidden a few weeks after the crime. She said she learned the location from hearing Christensen tell Lacey.

No written statement was taken of her testimony during the five years since the crime took place. She was given an additional $1,000 reward six months prior to the second trial. On the stand, she said Kean and Christensen discussed the need to dispose of the camera two weeks after the crime.

Kean had testified the camera was traded away for drugs immediately after the crime and was taken off island by the recipient the next day.

Gilfillan also testified Christensen talked to her about the crime when he gave her a ride home in his blue Honda. Defense Attorney Michael Tario brought forth testimony showing the car had been dismantled for several weeks at the time of the conversation.

Bette Weiss, a dispatcher, testified she saw Christensen and Kean walking up the street shortly before the crime took place. She wasn't able to identify him until after he was arrested several months later. Tario pointed out she did not include his mustache and goatee when she described him in her written statement the day after the crime. She said he didn't have facial hair, Christensen testified he did.

The defense's case depended in a large part on Christensen's mother's testimony that she had picked him up around 8:15 p.m. Oct. 24 at the Dixon's home on Hillview Terrace. Gaylord said, she may have picked him up there, but closer to 9 p.m.

According to Gaylord's timeline, Christensen snatched the purse, ran to Kean's Idlywild apartment, ransacked the purse, hid it in the bushes on Carter Avenue and ran all the way to Dixon's house before being picked up by his mother. He had a court-ordered curfew of 9 p.m. and was due in court the next morning.

The jury foreman said the timeline played a key part in the jury's decision.

Another piece of evidence was considered important by Christensen's mother Roxanne - drug tests taken by Christensen on Oct. 25 and 26, 2000. Both tests showed no evidence of methamphetamine. The purpose of the robbery was to get money for meth, according to Kean. Asked what role the drug test results played in the jurors' deliberations, Wehland replied "very little."

He praised the jurors for their "willingness to change their position" and "admired their rational thought." Wehland, who lives on Orcas Island and has served on several other juries, said none of the jurors had any prior knowledge of the case.

Since Christensen already served his sentence prior to his successful appeal of the first case, he will not have to serve more time, according to the defense. He left for Alaska shortly after the verdict was read. His mother says he does not plan to appeal.

Jury deliberating in purse snatching retrial

posted 10/31/05
Jurors deliberated for four hours Friday, October 28, 2005 after hearing two and a half days of testimony in the retrial of Oliver Christensen. He's accused of snatching a 73-year-old Portland, Oregon woman's purse as she walked up Spring Street Oct. 24, 2000. The jurors will resume deliberations on Monday, Oct. 31.

Christensen's 2001 conviction was reversed by the state Supreme Court after he had served his sentence. Prosecutor Randy Gaylord decided to retry the case even though no further sentence would be imposed if the defendant is found guilty.

The state's star witness was 21-year-old Christopher Kean. He was brought up from a California State Prison where he is serving time for a felony methamphetamine conviction. He pleaded guilty to the purse snatching and six burglaries of the Technology Center in 2001. Another witness for the state, 19-year-old Tess Gilfillan, was flown in from Atlanta, Georgia to testify.

Gilfillan received a $1,000 reward in 2000 when she told the sheriff where the purse was hidden. She received another $1,000 reward six months ago. No written statement had been taken from Gilfillan in the five years since the crime was committed. At the trial last week, she testified Christensen told her he committed the crime and told her where the purse was located.

Christensen denied Gilfillan's claims and said he was getting a ride home with his mother when the crime occurred. His defense attorney Michael Tario suggested Gilfillan learned about the location of the purse from her brother, Tyler, who was a friend of Kean's.

In closing arguments, the attorneys each tried to persuade the jurors their witnesses were more reliable. Gaylord called the two-time convicted felon Kean "an honest man" who stole and took drugs but "did not lie."

Tario said his client's mother had a track record of picking her son up at his girlfriend's home. He also noted she had turned him in for smoking marijuana and obviously did not believe in covering up for him.

Jury selected for mugging case retrial

posted 10/26/05
More than 100 islanders reported to jury duty in San Juan County Superior Court Oct. 25, 2005. Thirteen - 12 person jury plus one alternate - were chosen to serve at Oliver Christensen's trial for second-degree robbery. A previous conviction was overturned by the state Supreme Court after Christensen had already served his sentence.

It was up to county Prosecutor Randy Gaylord to decide whether to retry the case. Asked in April why he was pursuing the case, he said, "Because he (Christensen) committed the crime and criminal history is an important aspect of future offenses."

The appeal received national attention when the court ruled it was illegal for parents to listen in on their children's telephone conversations.

Retrial begins on mugging case

posted 04/12/05
Oliver Christensen, 22, flew to Friday Harbor from his home in Petersburg, Alaska for an appearance in San Juan County Superior Court Monday, April 11, 2005. He is being retried for second-degree robbery. He was found guilty in Dec. 2001 of robbing an elderly woman as she walked up Spring Street. He has served his sentence and paid his fines. The case was overturned on appeal in 2004 and received national attention.

It was up to county Prosecutor Randy Gaylord's discretion whether the charges were refiled. Asked why he decided to retry the case, Gaylord said, "Because he (Christensen) committed the crime and criminal history is an important aspect of future offenses."

Asked if it was a good use of limited county resources, Gaylord noted another person was also involved in the crime. "People want to know everybody is accountable. It is a matter of fairness," he said. "It wouldn't be fair to have one person (have a record and not the other). True, it is a diversion of resources, but this is what we do."

A major part of the prosecution's original case centered on a phone call Carmen Dixon overheard. She testified she heard Christensen talk to her daughter about the crime. The state Supreme Court overturned the conviction, ruling the evidence gathered from the phone call should not have been used.

Dixon, who will begin a one year prison term this month for misappropriation of $129,000 of U.S. Postal funds, appeared on several network and cable television shows after the appeal was overturned. An appearance by Carmen and her daughter on the Larry Elder show was re-aired last week.

During the original trial, a juvenile testified he committed the assault with Christensen. The juvenile testified they both were high on methamphetamine and committed the crime to get more money.

Testimony for Christensen included the fact a drug test taken by Christensen after the crime was negative for meth. His mother testified she had picked him up at Dixon's home at 8 p.m. and taken him home. It was impossible for him to get from home to Spring Street in time to commit the crime, she said.

At the court hearing April 12, Christensen's lawyer, Michael Tario told Judge Vickie Churchill he intended to file several motions May 16. The motions would include a motion to dismiss and a motion for change of venue.

State Supreme Court overturns mugging conviction

posted 12/10/04
Evidence gathered by a mother eavesdropping on her daughter's phone converation should not have been used to convict Oliver Christensen two years ago according to the Washington State Supreme Court. The conviction of Christensen for mugging an elderly tourist in Friday Harbor was reversed Dec. 9, 2004 by the state's highest court.

Carmen Dixon testified in Christensen's original trial. She repeated a conversation she listened in on between her daughter and Christensen. Christensen was found guilty and sentenced to nine months in jail and ordered to pay fines and restitution.

The conviction was held up by the state Court of Appeals in 2003. The State Supreme Court ruled on the case Thursday, Dec. 9, 2004. The entire text of the decision is available online. FULL COURT OPINION

The court records summarized the situation:

On October 24, 2000, two young men approached an elderly woman walking down the street in Friday Harbor, Washington. One of the men grabbed the woman's purse and, after a struggle in which the woman fell and broke her glasses, the young men fled with the purse.

San Juan County Sheriff Bill Cumming suspected Oliver Christensen, a local 17-year-old, of involvement in the robbery. He believed that evidence of the robbery might be found in the house of Christensen's then-girl friend, Lacey Dixon. Sheriff Cumming contacted Mrs. Dixon, Lacey's mother, and obtained her consent to search her home for evidence of the crime. He found no evidence in Mrs. Dixon's home, but asked her to keep a lookout for any evidence of the crime that might surface.

Christensen later telephoned Lacey. When he called, Mrs. Dixon answered the telephone. She handed the cordless handset to her daughter, who took it upstairs into her bedroom and closed the door. Mrs. Dixon activated the speakerphone function of the cordless telephone system by pressing a button on the base unit. Mrs. Dixon took notes from the conversation she overheard, in which Christensen acknowledged to Lacey that he was aware that police suspected him of the robbery and that he knew the whereabouts of the purse, but not that he had taken part in the robbery. Neither Christensen nor Lacey knew of, or consented to, Mrs. Dixon listening to their conversation.

Over Christensen's objection at trial, Mrs. Dixon testified as to the substance of the conversation she overheard.1 In addition to Mrs. Dixon, the State offered the testimony of four other witnesses, only one of whom could identify Christensen as a participant in the robbery. That witness, an acquaintance of Christensen's, had agreed to testify for the State on the same day he agreed to plead guilty to the same robbery. He testified that on the night of the robbery, he had been high on methamphetamine during a meth binge but remembered Christensen being involved in the robbery. Christensen was convicted of second degree robbery.

The Court of Appeals affirmed the trial court's decision to admit Mrs. Dixon's testimony.

The court ruled:

The Washington privacy statute puts a high value on the privacy of communications. In light of its strong wording, the act must be interpreted to effectuate the legislative intent. Based on the subjective intentions and reasonable expectations of Christensen and Lacey, their conversation was a private one. Based on the plain meaning of the term 'transmit,' we hold that the speakerphone component of the base unit of a cordless telephone is a device designed to transmit under the privacy act. It was error to admit Mrs. Dixon's testimony regarding what she heard over the speakerphone and that error was not harmless.

This matter is reversed and remanded for a new trial consistent with this opinion.

San Juan County Prosecutor Randy Gaylord was disappointed with the ruling. "We felt we had enough independent evidence," he said. Gaylord has thirty days to decide whether to retry Christensen. He will take into account the fact that Christensen has already served his jail time.

Appeals Court Upholds Conviction of Purse Snatcher

posted 11/21/03
PRESS RELEASE The Court of Appeals in Seattle has upheld the conviction of Oliver C. Christensen in connection with the robbery of Wilma Loeb's purse on the evening of October 24, 2000. Ms. Loeb, a retired teacher from Oregon, was visiting Friday Harbor with a friend.

"The Court had no trouble finding the jury had ample evidence which was produced at trial to convict Christensen. He was placed at the scene by his co-defendant, Chris Kean, and also was seen by a police dispatcher on her way home from work," said Prosecutor Randall K. Gaylord.

Gaylord wants to thank Bellingham attorney Phillip Buri, for his excellent work on this appeal. Gaylord said the case paved new ground in the criminal justice field because of its analysis of the Washington Privacy Act.

The Court upheld the use of a speakerphone function at the base of a cordless phone to intercept a private conversation. The evidence in the case included the testimony from the mother of Christensen's girlfriend. The mother used the speakerphone function to monitor a conversation between her teenage daughter and the defendant. In that conversation, the defendant identified the terrain where the purse was located.

According to Gaylord, because the device was only used to listen, and not to record, there was no violation of the Act. The Court found it was irrelevant that the daughter had taken the handset to her bedroom for a private conversation.

The Court also found that the Prosecutor did not err in filing the charges in adult court. The defendant was 17 years old at the time of the incident, and turned 18 years old 47 days later. During these 47 days, the Sheriff learned more about the crime and evidence pointing to Christensen. Christensen was questioned by the police and denied involvement.

Christensen was charged several months later after the co-defendant, Chris Kean, agreed to testify against Christensen. The Court of Appeals concluded there was no deliberate or negligent delay in making the charging decision.

Mugger sentenced to nine months in jail

posted 04/10/02
Oliver C. Christensen, 19, one of two assailants who knocked down a 74-year-old woman and stole her purse in October 2000, was sentenced to nine months in jail. Judge Alan R. Hancock handed down the high-end standard sentence April 8, 2002 and ordered that he pay $1,905.00 in fines and penalties.

A jury found Christensen guilty of robbery in the second degree on December 14, 2001. The delay between the jury verdict and sentencing was caused by the fact that Christensen had discharged his trial attorney, Carla J. Higginson. The Court appointed a new lawyer, Public Defender Joan Pedrick. Since his conviction in December 2001, Christensen has remained in custody at the Island County Jail and will receive credit for the time he has actually served.

Hancock said the nine-months sentence was appropriate given the vulnerability of the victim, the seriousness of the crime, the defendant's past conduct in committing crimes, and the impact the crime has had on the quiet community of Friday Harbor.

Prosecutor Randall K. Gaylord asked Judge Hancock to impose an "exceptional" sentence of fifteen months. Defense Attorney Pedrick asked for a low-end sentence of six months.

"The crime in October 2000 shocked the people of Friday Harbor and a high-end sentence was appropriate," said Gaylord. "This case demonstrated that living on the islands does not isolate us from the crimes that are commonly associated with the use of drugs - in this case, methamphetamine. We are pleased that this case is now resolved."

The co-defendant and second assailant in the case, a juvenile, age 17, plead guilty to the charge of robbery and then testified on behalf of the state. He said that he and the defendant took the purse and kept $40 in cash and a camera, which was used to buy a small amount of methamphetamine.

Guilty verdict in mugging case

posted 12/14/01
Oliver Christensen, 19, was found guilty of second-degree robbery today (Dec. 14). After five hours of deliberation, the jury agreed he had robbed a 74-year-old Portland, Oregon woman on Oct. 24, 2000. Chief Deputy Prosecutor Charlie Silverman said he will ask for a prison term at the Jan. 28, 2002 sentencing.

During the three days of testimony, witnesses testified that Christensen had told them he had robbed the woman. The juvenile, who was sentenced to 60 months in a juvenile rehabilitation facility, testified he and Christensen came up with the idea as they sat on the park bench in front of the bank on Argyle and Spring. They needed money for drugs he said.

The two got $40 and a camera they traded for $20 worth of drugs. The woman's purse and credit card were thrown into blackberry bushes and later recovered.

Christensen's mother testified that she had picked him up at his girlfriend's house during the time the crime had occurred. Besides the alibi provided by Christensen's mother, the rest of the defense case rested on the lack of evidence that Christensen had ingested meth Oct. 24, 2000. One of the witnesses said he was high on meth the morning after the crime. A drug test administered Oct. 26, 2000 came out negative for meth. His attorney Carla Higginson said, "The only hard evidence are the drug tests. " Without a positive test, the "rest of the dominoes fall in a pile," she said in her eight-minute closing statement.

Christensen was taken into custody upon conviction. His record of arrests on burglary, drinking-related infractions, vehicle prowl, and car theft were cited when District Court Judge Stewart Andrew ruled Christensen was a danger to the community. Andrew filled in at the reading of the verdict for Superior Court Judge Alan Hancock who was presiding in Island County Court today (Dec. 14, 2001).

Sheriff Bill Cumming said the reward money for information about the case had been distributed. He would not be releasing the names of the recipients he said.

Higginson said the defense will "most likely" appeal the conviction.

Mugging trial underway

updated 12/14/01 posted 12/13/01
Twelve jurors began deliberations in San Juan County Superior Court late Thursday afternoon and will continue Friday, Dec. 14, 2001. They must decide if Oliver Christensen is guilty of second-degree robbery. The charges stem from the mugging of a 74-year-old Oregon woman as she walked up Spring Street last fall. Testimony in the trial began Tuesday, Dec. 11.

Trial date set for Christensen

posted 04/17/01
A July 10 trial will be held for Oliver Christensen who plead innocent to a charge of second-degree robbery.

Friday Harbor muggers arrested

posted 04/17/01
A 16-year-old Friday Harbor boy was sentenced to 60 weeks in detention April 12, 2001 for mugging a 74-year-old woman last October. A second suspect, Oliver Christensen, 18, was arrested Sunday, April 1, 2001 in Petersburg, Alaska.

The victim was assaulted as she walked up Spring Street around 8 p.m. October 24, 2000. She was in Friday Harbor for a watercolor class and was returning to her hotel after dinner when her purse was grabbed by two males.

The juvenile pleaded guilty to one count of second-degree robbery and six counts of second-degree burglary in San Juan County Superior Court April 12, 2001. The burglary charges stem from breaking into several businesses in the Sustainable Technology Center in Friday Harbor in March of this year. He will be required to pay restitution to the victims of his crimes. He has a lengthy list of offenses. His mother told the court her son is addicted to meth.

Christensen was arrested on a $10,000 warrant and will be charged as a co-defendant.

NOTE: San Juan Islander does not publish names of juvenile offenders.

Reward for helping collar muggers reaches $1,800

posted 11/02/00
An islander who helps identify two young men who mugged a 74-year-old visitor last could earn $1,800.

Vonda Sheiman, manager of the Inns at Friday Harbor, where the Portland, Ore. woman was staying, is soliciting and collecting the reward money. Sheiman said donors aren't even questioning her request.

The woman was walking up Spring Street near Blair Avenue at about 8:15 p.m. Oct. 24 when two young men grabbed her purse from behind and pushed her to the ground, according to a deputy's report. One of the men told her to let go of her purse. The woman loosened her grasp and the thieves made off with her large black purse. The bag contained $50 cash, a 35-millimeter camera, blank checks, a VISA card, a phone card and other items.

The Inns staff comforted the woman until a friend arrived, Sheiman said. The hotel also gave the woman a complimentary night's stay.

Law and enforcement officials, including Sheriff Bill Cumming and Superior Court Clerk Mary Jean Cahail, could not remember a mugging ever happening in San Juan County. "Clearly this community wants to make sure this is the last one," Sheiman said.

While San Juan County usually is extremely safe, the mugging victim once lived in an area where purses are snatched daily. "She lived in New York 10 years and had never been mugged," Sheiman said.

Deputies continue to investigate the theft. Those with information about the theft should call the San Juan County Sheriff's Office at 360.378.4151.

People interested in donating to the reward fund should call Vonda Sheiman at 360.378.3031

Young thugs mug elderly woman in FH
Businesses offer $1,200 reward

posted 10/00
Friday Harbor's pride as a safe community was smudged last week when two young men stole a 74-year-old visitor's purse.

"I'm appalled that something like that would happen in Friday Harbor, San Juan Island," said Sheriff Bill Cumming, who couldn't recall a purse snatching in his 15 years of enforcing the law in San Juan County.

The woman was walking up Spring Street near Blair Avenue at about 8:15 p.m. Oct. 24 when two young men grabbed her purse from behind and pushed her to the ground, according to a deputy's report. One of the men told her to let go of her purse. The woman loosened her grasp and the thieves made off with her large black purse. The bag contained $50 cash, a 35-millimeter camera, blank checks, a VISA card, a phone card and other items.

Deputies continue to investigate the theft. The Friday Harbor business community is offering a $1,200 reward for information toward the identification, arrest, and conviction of the young thugs. Those with information should call the San Juan County Sheriff's Office at 360.378.4151.

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