Judge quashes motion for new trial for Ronald Lee murder case, processes started with court of appeals

Nov. 11—LA GRANDE — Union County Circuit Court Judge Thomas Powers denied Ronald Lee's request for a new trial after his conviction for second-degree murder. Now Lee is appealing Powers' ruling.

Dean Gushwa, who represented Lee during the trial this summer in Union County Circuit Court, submitted a motion for a new trial. The defense attorney contended Lee did not receive a fair trial. After reading briefs and hearing arguments from Gushwa and Union County District Attorney Kelsie McDaniel, Powers denied the motion for a new trial.

Powers sentenced Lee, 74, to life in prison on Friday, Aug. 5, after a jury convicted him of murdering his wife, Loretta Williams, in November 2018 at her Cove home. The two were in the process of divorcing.

Gushwa argued Lee did not receive a fair trial because the court, while giving the jury instructions, did not address the lack of transcripts of Williams' 911 call. Gushwa claimed the jury was prejudiced against Lee because the transcript was central to the defense case. Gushwa told the jury during opening statements that a transcript would be provided. Gushwa argued this was an irregularity in the proceeding and grounds for a new trial.

During the hearing, Gushwa brought up two additional points under Oregon Rules of Civil Procedure in support of a new trial: accident or surprise and error of law. Gushwa argued he was surprised by the state's objection to the transcript, and the lack of a special jury was an error of law.

In his order denying the defendant's motion for a new trial, Powers addressed each of Gushwa's arguments.

Powers concluded the transcript and denial of the special jury instruction was not an irregularity in court proceedings. Courts routinely make rulings on the admissibility of evidence both prior to and during trials, according to the judge. He concluded it was not irregular or an error of law for the court to decline a particular jury instruction.

"This court continues to hold that the requested jury instruction was improper because it commented on 'non-evidence,' it commented on a legal ruling made outside the presence of the jury, and it was not supported by any legal authority whatsoever by the defendant," Powers wrote.

Powers alsp did not agree with Gushwa's surprise argument. According to the court record, the state gave notice on Aug. 2 that it would object to the transcript when Gushwa offered it as evidence, and McDaniel did object on Aug. 3. In his order denying the defendant's motion for a new trial, Powers points out Gushwa did not say he was surprised at the time — nor did he ask for a break in proceedings or request time to brief the issue.

"The issue of the 911 call transcripts was raised in other contexts before and during trial, so it is implausible that the state's objection could have been a surprise to anyone," Powers wrote.

Powers concluded it is always a risk for an attorney to promise the jury exhibits or testimony that may not make it into evidence. In this case there were more than two dozen pretrial motions in December 2021 looking to either exclude or admit certain exhibits, witnesses or testimony. There also were a number of motions the defense and the state submitted closer to the trial. According to Powers, Gushwa never motioned to submit the 911 transcripts in either manner.

"This court finds that the exclusion of the transcript and the decision to not give the requested instruction were not irregularities in the trial proceeding; they were not the result of surprise; and they were not legal errors," the judge wrote.

Power's decision might have wrapped up the circuit court case, but Lee has moved onto the court of appeals. Salem public defender Rond Chananudech has submitted a notice of appeal for Lee, according to Oregon's public records database. Chananudech will represent Lee through the appeals process. Oregon Solicitor General Benjamin Gutman will represent the state.

Isabella Crowley is a reporter for The Observer. Contact her at {span}541-624-6014 or{/span} icrowley@lagrandeobserver.com.