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 (Counts 1, 2 and 11)
• spray painted anti-Semitic hate speech at the Congregation Beth Israel, a Jewish temple (Counts 3 and 9)
• a second vandalism at Congregation Beth Israel several days later, this time a marked rock thrown into the attached school, breaking a window (Counts 4 and 10)
• broke a window at Congregation Shir Tikvah, another Jewish temple (Counts 5 and 7)
• broke a window at Everybody Eats PDX, a Black owned restaurant (Counts 6 and 8)

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" (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), 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).

Late March 2023, a pair of letters were sent to the Presiding Judge, simultaneously making claims that his public defender was providing an inadequate defense, while also calling Multnomah County District Attorney Mike Schmidt anti-Black for failing to charge Bivins for a higher crime in the destruction of the window at Everybody Eats PDX than for the broken window at one of the Jewish temples. A review of court filings, however, showed that while the Everybody Eats vandalism (counts 6 and 8) were indeed charged similar to the charges from Congregation Beth Israel, as both places estimated damages exceeding $1000 (a key component in Criminal Mischief 1 charges). (Editors Note: There is some confusion in our reading of the May 9th affidavit as to the timing and location of the damages to the Beth Israel School as opposed to the Synagogue, as the affidavit seems to suggest Count 4 doesn't meet the $1,000 threshold, but Count 5 does.)

At a status check on April 10, 2023, counsel for the state brought up concerns about Mr. Bivins going back on an 'aid and assist' status (questions of his competency to aid in his own defense), which raised serious questions given a schedule added the week before for a change in substitution. Given the sparse information available that day, statuses were delayed for a week, but it seems quite likely that the recent flurry of letters to judges attacking his attorney and using extremist rhetoric may have raised questions of his mental state.

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	Location
1	Arson in the First Degree	164.325	Felony A	5/3/2022	Not Guilty	May 3, Muslim Community Center
2	Criminal Mischief in the First Degree	164.365	Felony C	5/3/2022	Not Guilty	May 3, Muslim Community Center
3	Criminal Mischief in the First Degree	164.365	Felony C	5/2/2022	Not Guilty	May 2, Congregation Beth Israel
4	Criminal Mischief in the Third Degree	164.345	Misdemeanor C	5/4/2022	Not Guilty	May 4, Congregation Beth Israel (School)
5	Criminal Mischief in the Second Degree	164.354	Misdemeanor A	4/30/2022	Not Guilty	April 30, Congregation Shir Tikvah
6	Criminal Mischief in the First Degree	164.365	Felony C	5/1/2022	Not Guilty	May 1, Everybody Eats PDX
7	Bias Crime in the Second Degree	166.155	Misdemeanor A	4/30/2022	Not Guilty	Congregation Shir Tikva
8	Bias Crime in the Second Degree	166.155	Misdemeanor A	5/1/2022	Not Guilty	Everybody Eats PDX
9	Bias Crime in the Second Degree	166.155	Misdemeanor A	5/2/2022	Not Guilty	Congregation Beth Israel
10	Bias Crime in the Second Degree	166.155	Misdemeanor A	5/4/2022	Not Guilty	Congregation Beth Israel (School)
11	Bias Crime in the Second Degree	166.155	Misdemeanor A	5/4/2022	Not Guilty	Muslim Community Center
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
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	Indictment Cancelled
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 (Jail copy)
6/27/2022	Order	Evaluate Fitness - Non OSH Provider - In Custody (OSH copy)
6/27/2022	Order	Amended Order to Disclose Medical Records for Competency Evaluation (Jail copy)
6/27/2022	Order	Amended Order to Disclose Medical Records for Competency Evaluation (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	Settlement Conference Cancelled
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	Plea/Sentence Cancelled
3/10/2023	Call
3/29/2023	Letter	Addressed to Presiding Judge Matarazzo (Postmarked 3/27/2023)
3/31/2023	Letter	Addressed to Presiding Judge Matarazzo (Postmarked 3/28/2023)

Q2 2023

Date	Filing	Information/Documents
4/10/2023	Call
4/14/2023	Hearing	Substitution of Attorney
4/17/2023	Call