11/13/09 Bend
UPDATE:
A Salem Court of Appeals granted Tami Sawyer a continued stay today while her appeal is heard. Sawyer is facing a contempt of court charge in a civil case for failing to turn over financial records related to her real estate company Starboard LLC. A judge ordered her to jail. Bend doctor, David Redwine, is suing Sawyer and the company for investment money he's owed. Sawyer invoked her fifth amendment right to not incriminate herself. It could take six months to a year for the Appeals Court to hear the case.
11/6/2009 - Bend
by Matt McDonald
Tami Sawyer, the wife of former Bend Police Captain Kevin Sawyer and the owner of the Bend real estate investment company Starboard, narrowly avoids going to jail for contempt of court.
"If she is prepared to respond, from the court's perspective that solves the problem," said Deschutes County Circuit Judge Stephen Forte.
Sawyer didn't respond, instead getting a delay granted from the court of appeals in Salem. Sawyer was facing jail time for contempt of court stemming from her refusal to answer questions about Starboard. She was given until 5 PM Friday to provide financial records for the company or go to jail. Kevin Sawyer sentenced to relinquish his passport.
Friday morning, the Sawyers arguing by phone that they have fifth amendment privilege protecting them from giving testimony that would be self incriminating.
"The court cannot hold someone in summary contempt for asserting a privilege in respectful manner," said Tami's attorney Mark Blackman.
"She is now groping at straws for why she should not suffer the consequences that any citizen would suffer for being in direct contempt, summary contempt of court," said Redwine's attorney Martin Hansen
Deschutes County Circuit Court judge Stephen Forte listened to arguments, regarding the fifth amendment privilege before making his final ruling.
"I'm not allowing her to exercise her, the privilege, I believe does not apply so she needs to disclose those documents. If she discloses them, we're going to move forward," said Judge Forte.
Tami's lawyer appealed to a higher court in Salem. Late on Friday afternoon, the court granted her a delay in her sentence of seven days while the case is reviewed. Tami's lawyer is also requesting if Judge Forte is overturned, any documents that released in the meantime be dismissed from further proceedings.
