The Dalles Police Officer Kienlen placed on Brady List

Ellis had disclosed that he found the 2011 letter inside the desk of former county DA Eric Nisley, which led Ellis to open the investigation, citing U.S. Supreme Court case Brady v. Maryland. The court case ruling gives prosecutors the “constitutional and statutory duty to disclose exculpatory information,” including information that could exonerate a defendant to defense attorneys, Ellis said in the press release. 

Certain information in the possession of a district attorney’s office regarding the credibility of a state’s witness, such as a police officer, is discoverable under the Brady rule.   

Ellis alleged that Nisley never disclosed the letter to defense attorneys in Wasco County, which Ellis said is "clear discoverable evidence to determine its value as exculpatory evidence under Brady v. Maryland.” 

The hearing finalizes the first phase of the two-pronged investigation; Columbia Gorge News previously reported that a 10-year case review will begin following the hearing and will examine why the 2011 Notice of Discipline regarding Officer Kienlen was not included in the former District Attorney’s disclosure index.  

The first part of the investigation examined open cases in which Kienlen was a witness. To date, eight misdemeanor cases have been dismissed as a result of the investigation, one having been released from Northern Oregon Regional Correctional Facility. Ellis said the DA’s office may return to the grand jury on other felony-level cases where Officer Kienlen may have been a primary or secondary witness. 

Kienlen had been previously demoted from sergeant to officer as a consequence of the 2011 violations, and was documented in The Dalles Chronicle. After the discovery of the letter, Kienlen was placed on administrative leave in January by current Police Chief Pat Ashemore. 

According to the press release, Officer Kienlen was given the opportunity to present evidence with his attorney in response to the District Attorney’s Brady investigation. Because of Officer Kienlen’s prior conduct that was deemed untruthful and lacking integrity, which showed disregard for policies and standards of proper police practices, the Wasco County DA’s office formally notified Officer Kienlen, through his attorney, of the district attorney’s decision to exclude him as a State’s witness on March 2. 

Before the hearing, Officer Kienlen was given the opportunity to present evidence with his attorney in response to the District Attorney’s Brady investigation, according to a press release. "Because of Officer Kienlen’s prior conduct that was deemed untruthful and lacking integrity, which showed disregard for policies and standards of proper police practices, the Wasco County DA’s office formally notified Officer Kienlen, through his attorney, of the district attorney’s decision to exclude him as a State’s witness on March 2," continued the press release.

The decision in this matter is final and may only be revoked by the district attorney.