22CR21679
State of Oregon v Michael Bivins
Mr. Bivins is alleged to have engaged in a variety of bias (or 'hate crimes') over the last week of April to the first week of May 2022, including the following:
- setting fire at the Muslim Community Center of Portland
- spray painted anti-Semitic hate speech at the Congregation Beth Israel, a Jewish temple
- a second vandalism at Congregation Beth Israel several days later, this time a marked rock thrown into the attached school, breaking a window
- broke a window at Congregation Shir Tikvah, another Jewish temple
- broke a window at Everybody Eats PDX, a Black owned restaurant
While Mr. Bivens had been noted in the past as a 'left wing journalist', in recent years it appeared his views had shifted wildly. After the alleged actions, a reporter at Fox 12 spoke with him at his request, where he was reported as having made many disparaging remarks about Jewish people, admitted to the vandalism, and claimed he would smash the windows of any black or minority owned businesses. During the police search of his mother's home (where he spent time) they found a stack of articles, including one they named in particular: "William Wilberforce on the Idea of Negro Inferiority[1]" (contrary to the tone the title sets, it is a 1970 article written about a late 18th/early 19th century abolitionist who showed conclusively that such idea of inferiority was completely false).
Case in State Court
Shortly after a 'fitness to proceed' hearing was held, the US Government requested access to grand jury transcripts, noting that the FBI and Portland Police had collaboratively investigated the string of vandalism and arson, and they were investigating the possibility of additional federal charges. That request was granted by Presiding Judge Matarazzo.
In October 2022, further hearings were delayed citing "Waiting on AUSA [Federal Prosecutor] and Federal defender to negotiate their piece of the global resolution", suggesting that federal charges were being considered in the case.
Beginning January 2023, Mr. Bivens begins writing letters to the court directly, alleging Constitutional violations due to him not being transported from Inverness Jail to the courthouse for routine scheduling sessions (which have no bearing on his actual case) as well as indictments by telepresence. At one point Presiding Judge Matarazzo writes back explaining that such arraignments are allowed by ORS 135.030(3) as he was housed some distance from the courthouse. An order filed later that month suggested that all the parties (State, Federal and Mr. Bivens) had reached a global agreement in the case, at the same time as his defense attorney had been replaced due to a transfer. That appeared to fall through with no information at the time explaining why.
Other letters that he wrote suggest that he believed his former attorney was 'not competent' and his belief that the video arraignment was an effort to keep the media from interacting with him in this case, a second letter days later suggesting that he believed he had a legal right to compel the media report on his case.
A series of letters sent to Presiding Judge Matarazzo in February 2023 suggest a marked change in Mr. Biven's demeanor. Envelopes from the jail have him writing his name with "God Warrior" after his name and ID number, and is filled with right wing extremist talking points, calling one of the judges he saw previously a Democrat operative (It's worth noting that the judge, Judge Greenlick, was a defense attorney for at least 15 years of his practice before being appointed his judgeship in 2013[2]), claims that Inverness Jail is a concentration camp where people are starved, his public defender is "that agent of the ancient evil", and that his God 'commanded him to' write to the courts with these claims. He claimed to require 'religious accommodations when setting court dates' (but declined to articulate what religion that is or what restrictions he now had, aside from a reference in a letter to federal court requiring access to his Bible). A fourth letter professed his refusal to accept the authority of the federal government over him, while accepting the state's authority (his language starting to take on hints of Sovereign Citizen rhetoric, a belief that is prone to be learned and built on in incarcerated populations
Case in Federal Court
Early 2023, federal charges were additionally brought against Mr. Bivins for four of the same incidents (initial indictment excludes the broken window at the school), with the following case docket on RECAP
Before arraignment was even held for the federal charges, his federal defender filed a motion requesting a hearing to determine if an 'irreconcilable breach of the attorney-client relationship' had happened, suggesting the friction between Mr. Bivens and officials involved in the state case has progressed to the federal case as well. Letters written to the federal court repeated baseless allegations about his state public defender that bring to mind certain QAnon beliefs, references comparing his case to the Reichstag Fire, as well as mirroring 'threefold' and 'Free American' language favored by sovereign citizens. His last letter made claims that for his 'religious needs' the court has to make sure that 'God has a chance to speak to me and guide my thoughts and actions'.
Charges
| Count | Charge | Statute | Severity | Date Filed | Pleading |
|---|---|---|---|---|---|
| 1 | Arson in the First Degree | 164.325 | Felony A | 5/3/2022 | Not Guilty |
| 2 | Criminal Mischief in the First Degree | 164.365 | Felony C | 5/3/2022 | Not Guilty |
| 3 | Criminal Mischief in the First Degree | 164.365 | Felony C | 5/2/2022 | Not Guilty |
| 4 | Criminal Mischief in the Third Degree | 164.345 | Misdemeanor C | 5/4/2022 | Not Guilty |
| 5 | Criminal Mischief in the Second Degree | 164.354 | Misdemeanor A | 4/30/2022 | Not Guilty |
| 6 | Criminal Mischief in the First Degree | 164.365 | Felony C | 5/1/2022 | Not Guilty |
| 7 | Bias Crime in the Second Degree | 166.155 | Misdemeanor A | 4/30/2022 | Not Guilty |
| 8 | Bias Crime in the Second Degree | 166.155 | Misdemeanor A | 5/1/2022 | Not Guilty |
| 9 | Bias Crime in the Second Degree | 166.155 | Misdemeanor A | 5/2/2022 | Not Guilty |
| 10 | Bias Crime in the Second Degree | 166.155 | Misdemeanor A | 5/4/2022 | Not Guilty |
| 11 | Bias Crime in the Second Degree | 166.155 | Misdemeanor A | 5/4/2022 | Not Guilty |
| 999 | Arson in the Second Degree | 164.315 | Felony C | 5/7/2022 | Dismissed |
Court Records
Q2 2022
| Date | Filing | Information/Documents |
|---|---|---|
| 5/9/2022 | Arraignment | |
| 5/9/2022 | Motion | Recognizance Release[3] |
| 5/9/2022 | Waiver | Probable Cause before a judge with attached custody report |
| 5/9/2022 | Arraignment | |
| 5/9/2022 | Information | Complaint |
| 5/9/2022 | Order | Appear |
| 5/9/2022 | Affidavit | Probable Cause |
| 5/9/2022 | Order | Appointing Counsel |
| 5/16/2022 | Indictment | [PDF] |
| 5/17/2022 | Arraignment | |
| 5/17/2022 | Arraignment | |
| 5/17/2022 | Warrant | Return of Service |
| 5/17/2022 | Arraignment | |
| 5/17/2022 | Order | Appear |
| 5/31/2022 | Report | CSS Evaluation |
| 6/6/2022 | Hearing | Substitution of Attorney |
| 6/7/2022 | Order | Substitution of Attorney Denial |
| 6/14/2022 | Order | Postponement |
| 6/27/2022 | Order | Evaluate Fitness - Non OSH Provider - In Custody[4] (Jail copy) |
| 6/27/2022 | Order | Evaluate Fitness - Non OSH Provider - In Custody[4] (OSH copy) |
| 6/27/2022 | Order | Amended Order to Disclose Medical Records for Competency Evaluation[4] (Jail copy) |
| 6/27/2022 | Order | Amended Order to Disclose Medical Records for Competency Evaluation[4] (OSH copy) |
Q3 2022
| Date | Filing | Information/Documents |
|---|---|---|
| 7/5/2022 | Hearing | Fitness to Proceed |
| 7/5/2022 | Order | Finding Fit to Proceed |
| 7/7/20222 | Call | |
| 7/7/2022 | Request | Extension |
| 7/8/2022 | Motion | Limited release of Grand Jury recording to US Attorney's Office |
| 7/8/2022 | Order | Granting limited release |
| 8/24/2022 | Call | Judicial Settlement Conference |
| 8/25/2022 | Hearing | |
| 8/25/2022 | Order | Appear |
| 8/26/2022 | Request | Extension |
| 8/26/2022 | Order | Postponement |
| 9/2/2022 | Hearing | Settlement Conference |
| 9/2/2022 | Waiver | 60 day rule |
Q4 2022
| Date | Filing | Information/Documents |
|---|---|---|
| 10/21/2022 | Order | Postponement |
| 10/24/2022 | Order | Postponement |
Q1 2023
| Date | Filing | Information/Documents |
|---|---|---|
| 1/18/2023 | Letter | Addressed to Judge Matarazzo |
| 1/19/2023 | Order | Postponement |
| 1/20/2023 | Waiver | 60-day rule |
| 1/30/2023 | Call | |
| 2/6/2023 | Letter | Received by Judge Albrecht 1/27/2023 (Postmarked 1/25/2023) |
| 2/6/2023 | Letter | Received by Judge Albrecht 1/25/2023 (Postmarked 1/23/2023) |
| 2/6/2023 | Letter | Response from Judge Albrecht |
| 2/28/2023 | Letter | Addressed to Presiding Judge Matarazzo (Postmarked 2/21/2023) |
| 3/1/2023 | Letter | Addressed to Presiding Judge Matarazzo (Postmarked 2/27/2023) |
| 3/3/2023 | Hearing | |
| 3/10/2023 | Call |
Q2 2023
| Date | Filing | Information/Documents |
|---|---|---|
| 4/10/2023 | Call | |
- ↑ https://www.jstor.org/stable/2708515
- ↑ https://trellis.law/judge/michael.a.greenlick
- ↑ In an attempt to mitigate the use of our platform for illegal doxxing, some records may not be made directly available on our site. For more information on HB 3047 and 3273 that are guiding this, please see our ORS 30.835 page.
- ↑ 4.0 4.1 4.2 4.3 Court record sealed