Thirty-nine-year-old David Powell and his girlfriend, Jana Long, went camping with friends and family at the Lower Cottonwood Reservoir in Lake County, Oregon over the Memorial Day weekend in 2007. On Saturday, May 27, Long and Powell woke up quarreling. Long would later tell police that Powell was in a foul mood when she awakened him so she could go to the bathroom, and was angry that she took too long to return.
And when she did return, Long said Powell was dressed and angrily left the campsite to drive to town to purchase supplies, including chewing tobacco, water, and tampons. Later that day, Long said she was walking in the woods with her dog when she met Powell.
What happened then was a matter of dispute. According to Long, she and Powell argued and then Powell assaulted her. She said he threw her to the ground and stuffed her mouth with dirt and pine needles. She said she feared she would choke to death. Long said Powell kept her in the woods for nearly an hour before she was able to get away and return to the campground.
Powell did not contest that they had an argument. However, he said that they both tumbled to the ground and that Long suffered only minor injuries. He denied stuffing her mouth with dirt and pine needles. He said that their tussle was triggered when he mentioned that four days earlier, he had been arrested on a charge of driving under the influence (DUI), which could cause his probation for an earlier conviction to be revoked. Powell said that when Long told him their relationship was over, he said, "If it's over, okay, it's over. I'm going fishing."
A day later, on May 28, 2007, Long sought medical treatment and went to the police.
Three days later, on May 31, 2007, Powell was arrested and charged with two counts of first-degree kidnapping, one count of second-degree assault, three counts of fourth-degree assault, one count of coercion, and one count of strangulation.
In December 2007, Powell went to trial in Lake County Circuit Court. Judge Lane Simpson was presiding. Prior to the trial, Powell and his court-appointed attorney, Ronald Howen, discussed whether Powell would testify. Doing so would expose Powell's prior record which included a felony conviction for which he was on probation, as well as the driving under the influence arrest and that Powell had been consuming alcohol on the day of the alleged assault.
They ultimately agreed that Long's story was so inflammatory that the best strategy was for Powell to testify.
During Howen's opening statement, he told the jury that Powell would testify and deny the charges. Howen also said that he planned to call Powell's parole officer, Drew Van Riper. Howen laid out Powell's background, including his prior conviction and the pending DUI charge.
During the trial, Long testified that Powell had thrown her down and stuffed her mouth so full of dirt and pine needles that some dirt went down her throat. She said she feared she would choke to death. Long also said that Powell had been chugging beer all day.
After the prosecution rested their case, and contrary to his remarks in his opening statement, Howen did not call Van Riper or any other witnesses.
He also convinced Powell to waive his right to testify. When Judge Simpson asked whether Powell or any other witnesses would be testifying, Howen replied, "It is my judgment that this case will not get any better by putting witnesses on or admitting any other exhibits any better than it is right now. I have discussed with him this is a risk. He understands it's a risk. But it is my advice. And I think he's willing to follow my advice as his attorney at this time."
Powell agreed that he was going to follow Howen's recommendation, though he said he felt "hesitant."
On December 12, 2007, the jury acquitted Powell of the kidnapping charges as well as one of the fourth-degree assault charges. The jury convicted Powell of second-degree assault, coercion, strangulation and two counts of fourth-degree assault. He was sentenced to 5 years and 10 months in prison, and the judge said Long could seek up to $40,000 in restitution for future medical and counseling bills.
Powell appealed, and in March 2010, the Oregon Court of Appeals remanded the case for resentencing. The appeals court said the judge could not impose restitution for bills that had not accumulated. On remand, Powell was again sentenced to 5 years and 10 months.
He was released in October 2013 after serving his entire sentence. In 2017, Powell filed a motion for post-conviction relief based on Howen's failure to provide an adequate legal defense.
"Because [Powell] did not testify, the jury was never instructed on how and how not to consider his prior felony conviction and his [DUI] citation," the petition said. "From the mouth of his own counsel and from nowhere else, it learned he was a drunken ex-convict whose prior felony offense or offenses were sufficiently serious to warrant his having been to prison."
The petition also noted that beginning as early as jury selection, the trial judge and Howen clashed. The result, the petition said, was ongoing verbal criticism and ridicule of Howen.
"During Howen's opening statement, the court repeatedly interrupted and admonished him but did not interrupt the prosecution's opening statement a single time," the petition said. During Howen's cross-examination of Long, Judge Simpson repeatedly interrupted Howen and on occasion sustained objections on his own rather than wait to see if prosecution would object.
At one point, when Howen attempted to show that Powell and Long had a good relationship in the past, Judge Simpson interrupted, saying the testimony was "not relevant."
"This is just dragging things out," the judge declared. "I think it's clear to everybody that they were boyfriend and girlfriend, and ultimately, they got engaged. And they probably had the usual amount of intimacy that goes with that in today's culture. And if we can move on, why don't we? Because we can also talk about what they did last Thanksgiving and Christmas before that and we ain't got time for that."
The petition said that Howen failed to call witnesses, including Powell, that he had promised to call during his opening statement. On September 27, 2019, the motion was granted, and Judge Lindsay Partridge vacated Powell's convictions. On December 16, 2020, the prosecution dismissed the charges.
In September 2022, Powell filed a claim seeking more than $450,000 in compensation from the state of Oregon.
- Byron Arriola, Emily Carrillo, Vivian Gomez, Aryn Jalique, & Melanie Yap
And when she did return, Long said Powell was dressed and angrily left the campsite to drive to town to purchase supplies, including chewing tobacco, water, and tampons. Later that day, Long said she was walking in the woods with her dog when she met Powell.
What happened then was a matter of dispute. According to Long, she and Powell argued and then Powell assaulted her. She said he threw her to the ground and stuffed her mouth with dirt and pine needles. She said she feared she would choke to death. Long said Powell kept her in the woods for nearly an hour before she was able to get away and return to the campground.
Powell did not contest that they had an argument. However, he said that they both tumbled to the ground and that Long suffered only minor injuries. He denied stuffing her mouth with dirt and pine needles. He said that their tussle was triggered when he mentioned that four days earlier, he had been arrested on a charge of driving under the influence (DUI), which could cause his probation for an earlier conviction to be revoked. Powell said that when Long told him their relationship was over, he said, "If it's over, okay, it's over. I'm going fishing."
A day later, on May 28, 2007, Long sought medical treatment and went to the police.
Three days later, on May 31, 2007, Powell was arrested and charged with two counts of first-degree kidnapping, one count of second-degree assault, three counts of fourth-degree assault, one count of coercion, and one count of strangulation.
In December 2007, Powell went to trial in Lake County Circuit Court. Judge Lane Simpson was presiding. Prior to the trial, Powell and his court-appointed attorney, Ronald Howen, discussed whether Powell would testify. Doing so would expose Powell's prior record which included a felony conviction for which he was on probation, as well as the driving under the influence arrest and that Powell had been consuming alcohol on the day of the alleged assault.
They ultimately agreed that Long's story was so inflammatory that the best strategy was for Powell to testify.
During Howen's opening statement, he told the jury that Powell would testify and deny the charges. Howen also said that he planned to call Powell's parole officer, Drew Van Riper. Howen laid out Powell's background, including his prior conviction and the pending DUI charge.
During the trial, Long testified that Powell had thrown her down and stuffed her mouth so full of dirt and pine needles that some dirt went down her throat. She said she feared she would choke to death. Long also said that Powell had been chugging beer all day.
After the prosecution rested their case, and contrary to his remarks in his opening statement, Howen did not call Van Riper or any other witnesses.
He also convinced Powell to waive his right to testify. When Judge Simpson asked whether Powell or any other witnesses would be testifying, Howen replied, "It is my judgment that this case will not get any better by putting witnesses on or admitting any other exhibits any better than it is right now. I have discussed with him this is a risk. He understands it's a risk. But it is my advice. And I think he's willing to follow my advice as his attorney at this time."
Powell agreed that he was going to follow Howen's recommendation, though he said he felt "hesitant."
On December 12, 2007, the jury acquitted Powell of the kidnapping charges as well as one of the fourth-degree assault charges. The jury convicted Powell of second-degree assault, coercion, strangulation and two counts of fourth-degree assault. He was sentenced to 5 years and 10 months in prison, and the judge said Long could seek up to $40,000 in restitution for future medical and counseling bills.
Powell appealed, and in March 2010, the Oregon Court of Appeals remanded the case for resentencing. The appeals court said the judge could not impose restitution for bills that had not accumulated. On remand, Powell was again sentenced to 5 years and 10 months.
He was released in October 2013 after serving his entire sentence. In 2017, Powell filed a motion for post-conviction relief based on Howen's failure to provide an adequate legal defense.
"Because [Powell] did not testify, the jury was never instructed on how and how not to consider his prior felony conviction and his [DUI] citation," the petition said. "From the mouth of his own counsel and from nowhere else, it learned he was a drunken ex-convict whose prior felony offense or offenses were sufficiently serious to warrant his having been to prison."
The petition also noted that beginning as early as jury selection, the trial judge and Howen clashed. The result, the petition said, was ongoing verbal criticism and ridicule of Howen.
"During Howen's opening statement, the court repeatedly interrupted and admonished him but did not interrupt the prosecution's opening statement a single time," the petition said. During Howen's cross-examination of Long, Judge Simpson repeatedly interrupted Howen and on occasion sustained objections on his own rather than wait to see if prosecution would object.
At one point, when Howen attempted to show that Powell and Long had a good relationship in the past, Judge Simpson interrupted, saying the testimony was "not relevant."
"This is just dragging things out," the judge declared. "I think it's clear to everybody that they were boyfriend and girlfriend, and ultimately, they got engaged. And they probably had the usual amount of intimacy that goes with that in today's culture. And if we can move on, why don't we? Because we can also talk about what they did last Thanksgiving and Christmas before that and we ain't got time for that."
The petition said that Howen failed to call witnesses, including Powell, that he had promised to call during his opening statement. On September 27, 2019, the motion was granted, and Judge Lindsay Partridge vacated Powell's convictions. On December 16, 2020, the prosecution dismissed the charges.
In September 2022, Powell filed a claim seeking more than $450,000 in compensation from the state of Oregon.
- Byron Arriola, Emily Carrillo, Vivian Gomez, Aryn Jalique, & Melanie Yap
Posting Date: 06-14-2024
Last Update Date: 06-14-2024
Case Details:
State:
Oregon
County:
Lake
Most Serious Crime:
Assault
Additional Convictions:
Other Violent Felony
Reported Crime Date:
2007
Convicted:
2007
Exonerated:
2020
Sentence:
Term of Years
Race / Ethnicity:
White
Sex:
Male
Age at the date of reported crime:
39
Contributing Factors:
Perjury or False Accusation, Inadequate Legal Defense
Did DNA evidence contribute to the exoneration?:
No