OREGON CITY, OR– Clackamas County Circuit Judge this week sentenced independent journalist Alissa Azar to 14 days in jail after being convicted of riot involvement, as they attempted to report on a Proud Boy Recruitment back in June of 2021.
For the first time in Oregon history, the conviction of this journalist ended with a legally inconsistent jury due to errors made by the state, according to a report published by the Civil Liberties Defense Center (CLDC).
CLDC added the conviction is being appealed.
As reported by the CLDC, Deputy District Attorney Joshua Cutino asked for the sentencing of Azar, to be up to 90 days in jail, exceeding the maximum given stated under the law of Oregon Sentencing guidelines.
According to a statement by CLDC, the state also asked the state monitor Azar’s phone and computer while on probation, that, charged CLDC, “would clearly violate the Freedom of the Press and First Amendment. Similar sentences for Riot in Oregon normally result in community service or deferred prosecutions (diversion agreements).”
CLDC added Oregon prosecutors typically dismiss cases against journalists who have been arrested at scenes that they have been reporting, noting “recognizing that sometimes reporters are swept up in arrests while doing their job, but are not intending to participate in breaking the law.”
CLDC noted, “the State of Oregon falsely attempted to create moral and legal equivalency between fascist and anti-fascist groups, claiming they are equally violent and culpable, when studies of the last decade show this to be patently false.”
While the jury eventually found Azar guilty of Rioting and Disorderly conduct, it was undecided Azar’s use of mace was “violent and tumultuous conduct” and required to establish Riot and or disorderly conduct by Azar.
According to CLDC, “Ms. Azar, after being sprayed with mace, was forced to spray mace in self-defense. This occurred while she was attempting to recover her property that had been stolen by Proud Boys and their affiliates. At sentencing, the court merged the Disorderly and Riot convictions into a single Riot conviction.”
CLDC said Judge Van Rhysellberhe sentenced Azar to 14 days in jail and 36 months of probation, adding Rhysellberhe believed there were several mitigating circumstances, including the consideration Azar had sustained serious injuries at the hand of a convicted felon, Gordon Cronk, and has had no prior convictions as well as being involved in community work as part of her job.
However CLDC states, the judge believed “that aggravating factors included her refusal to admit that she was a participant in the riot, and that he believed she had not shown an appropriate amount of empathy for the Clackamette Park Host and others who witnessed the Proud Boy initiated violence.”
Park Host testified in court against Proud Boy member Daniel Tooze, also the vice chair of Clackamas County Republican Party, who told her before the event that the group had planned to engage violently against counter protestors.
Lauren Regan of Civil Liberties Defense Center, and Alissa Azar’s attorney, charged, “This sentence is an unprecedented and chilling punishment for a journalist covering a far-right rally and counter demonstration – even if that demonstration is deemed a riot by responding officers. Ms. Azar intends to appeal her case to the Oregon Court of Appeals.”
Attorney Reagan made it clear during early periods of the trial the dangers of “driving on by” when seeing fascist and extreme right violence, has, historically, led to greater implications, including genocide.
According to CLDC, expert witness Shane Burley, a journalist who covers far right extremists, testified in court that most members of the press wear battle gear on the job, as Proud Boys are known to target and assault journalists with opposing views…and that Azar has been attacked several times as well as women, people of color, or anyone deemed “anti-fascists.”
“Justice was not delivered in the Clackamas County courthouse today. This verdict sets a dangerous precedent not just for journalists, but for anyone who wishes to stand up and witness or report on hateful and fascist rhetoric,” said Azar after sentencing.
