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Investigation continues in Cole case

Written by Chris Collins January 20, 2010 03:52 am

A Baker County grand jury will be held over for another six months while the state continues its investigation of former County Commission Chairman Brian Cole, who was arrested Halloween night on a charge of furnishing alcohol to a 17-year-old girl.

A pre-trial hearing set for Jan. 8 was cancelled and no new court date has been scheduled, according to Baker County Circuit Court staff.

According to court records, Judge Garry L. Reynolds of Pendleton granted the motion to extend the grand jury’s term on Dec. 24. Reynolds, who serves Circuit Courts in Umatilla and Morrow counties, is hearing the case in place of Baker County Circuit Court Judge Greg Baxter. Baxter recused himself from the case on Nov. 18.

State investigators and attorney Sean Riddell, who heads the Department of Justice’s district attorney assistance program, are handling the case because of potential conflicts of interest. As the head of the county commission, Cole oversaw the county sheriff’s office and district attorney’s office.

Cole, 47, of 17507 Deer Park Loop, also worked in economic development for the city, county and state. And he has continued to provide consulting and grant-writing services to government agencies as a private contractor since leaving public service.

In his motion filed Dec. 17 seeking to extend the grand jury’s service, Riddell said the action was needed “based on the state’s need to further investigate this case.”

He added that “the grand jury has further need to examine other potential charges relating to this case and the state believes there are potentially additional charges.

“Moreover, this grand jury has already heard evidence regarding this case and there is a need to continue their term to finish the case.”

In an e-mail to the Baker City Herald, DOJ spokesman Tony Green said he could make no comment beyond what is in the court record.

Cole was cited on the furnishing charge, a Class A misdemeanor, at 8:30 p.m. Oct. 31 after a Baker County Sheriff’s Office deputy stopped to check on a car, which belongs to Cole, that was parked at the Baker Rural Fire District’s Pocahontas Road station about two miles west of Baker City.

Cole was in the vehicle with a 17-year-old girl, whom he is accused of providing with alcohol.

The girl was cited on a charge of minor in possession of alcohol.

Cole waived his right to be formally arraigned on the charge and appeared by letter on Nov. 25, according to court records. He is represented by Baker City attorney Bob Moon.