State v. Delatore

Under State v. Berrellez, 266 Or App 381 (2014), a delay caused by a defendant’s flight from justice where law enforcement has issued and attempted to follow up on an arrest warrant but “had no information as to the defendant’s location until his arrest[,]” does not provide a basis for dismissal on speedy trial grounds.

The State appealed the dismissal of a criminal case. The State assigned error to the trial court’s conclusion that a nine-year gap between indictment and trial was the fault of the State, violating Defendant’s right to a speedy trial. On appeal, the State argued the delay was caused by Defendant when he fled the state and actively concealed his location from law enforcement, and that Defendant failed to show prejudice from the delay. In response, Defendant argued police should have done more to locate him and that the delay prejudiced him because witness memories have faded. Under State v. Berrellez, 266 Or App 381 (2014), a delay caused by a defendant’s flight from justice where law enforcement has issued and attempted to follow up on an arrest warrant but “had no information as to the defendant’s location until his arrest[,]” does not provide a basis for dismissal on speedy trial grounds. The Court found that once Defendant learned he was being investigated, he fled the state under cover of night, and police engaged in sufficient efforts “to avoid unreasonable delay on the part of the state.” The Court further found that Defendant’s argument that memories fade was merely speculative about the unavailability of evidence and did not establish prejudice. Reversed and remanded.