Oregon - On Wednesday November 16, 2016, Kevin Olsen's fate rested
with jurors shortly after closing arguments were made in his Assault
IV criminal trial. Although assault in the fourth degree is only a misdemeanor
charge in Oregon, Mr. Olsen had much more to lose. He faced as many
as three years in a state prison to be exact for already being on probation
in South Dakota.
In an unrelated
incident Mr. Olsen was forced to take a plea when South Dakota wouldn't
honor his medicinal marijuana card issued in Oregon which resulted in
Mr. Olsen being put on probation.
If convicted at
trial, incarceration would have had devastating effects on not only
his freedom, but also his company as well as the livelihood of his recent
bride, and their family. Aside from all the pressure Mr. Olsen believed
the truth would set him free, but how was he going to obtain the truth?
His search for help led him to the US~Observer.
Several key pieces
of evidence were obtained by the US~Observer, they were utilized to
inform the public, and at trial, which helped seal Mr. Olson's Not Guilty
verdict. The evidence obtained by the US~Observer was irrefutable. Video
footage of the incident correlated with other evidence obtained by the
US~Observer. After a two day trial, supporters of Mr. Olsen were the
only seats taken in the courtroom. His wife, friends, and witnesses
sat alongside Mr. Olsen, patiently waiting for the jury's decision.
The trial was full of surprises, especially lies from Gene Kalar, the
alleged victim. The lies told, the attempts to twist evidence into something
it was not and the continuation of Mr. Olsen's case should be a stern
warning to any law-abiding citizen - your freedom should never be taken
for granted. Aside from the unwarranted trial at the taxpayer's expense,
Mr. Olsen's jurors absolutely saw through the mess of lies - rightfully,
and unanimously finding Mr. Olsen not guilty. Another US~Observer vindication!
Eric Hale & Kevin Olsen after acquittal.
South Dakota doesn't
honor medicinal marijuana cards. Mr. Olsen should have known the implications
of being caught with his medication in that state, but there's a logical
argument Mr. Olsen shared. He stated, "Why should anyone face
years of incarceration for a plant that is now legal in over half of
the states in this country?”
Despite the ramifications
of his probation, and year long wait for his day in court on the false
assault charge in Clackamas County, Oregon, coupled with the costs to
defend himself, Olsen still maintained his innocence, knowing the evidence
would set him free. Many others have lost their freedom under similar
circumstances simply because they were unable to obtain crucial evidence.
Gene Kalar testified
that he'd never seen the video footage of the incident that left Kevin
Olsen's freedom hanging in balance. Gene claimed that Kevin, "Punched
him with a closed fist," although the footage clearly showed
different. As the video was played in the courtroom, Mr. Kalar, while
he was on the witness stand, still refused to accept the truth of what
happened. He continued to claim he knew what happened and didn't need
to see the video. Some call that perjury.
Mr. Kalar's claim
that he never watched the footage was very difficult to believe; especially
considering two witnesses stated that he was provided the footage on
a thumb drive shortly after the incident. One of those witnesses was
the manager of Tollgate Inn where the incident occurred. To make matters
even more confusing, it was discovered during trial that the video cameras
which captured the entire incident were installed by Gene Kalar himself!
Mr. Kalar, a Veteran,
and former Captain of a nearby Fire Department must have some deep connections
because he was able to elude criminal charges. According to direct witnesses,
on the night of this incident the police told them they would need to
find other law enforcement if they wanted Kalar charged for his assault.
Seemingly, the prosecutor decided to continue this case despite the
evidence shared by the US~Observer clearly showing Olsen's innocence,
because of who Gene Kalar used to be. Gene should have been charged
with assault for following Mr. Olsen's friend into the parking lot as
Kevin's group left Tollgate Inn, eventually punching Roy Swan in the
face, shattering his cheek bone, then drop-kicking Mr. Swan in the genitals.
Instead of Gene being charged, Swan was charged with harassment. Swan
had no prior criminal history, and is also a local business owner. Both
Mr. Swan and Mr. Olsen were attempting to avoid conflict by leaving
the establishment, as a likely "drunk" Gene Kalar pursued
them both, essentially taking the law into his own hands.
Kalar Attempts to Deceive the Court?
Gene Kalar told
one witness that he was going to show up in court with a walking cane
to give jurors the impression that he was impaired. This witness stated
that Gene has never used a walking cane in all the years they had known
each other. On the day of trial, Gene left the cane at home, instead
showing up with what appeared to be ear muffs? His hearing was allegedly
impaired - but one very close witness stated that when Gene is drinking
wine in a packed bar, he can hear conversations from across the room
with televisions playing, music, chatter, etc. That same witness stated,
"Gene usually comes to the bar after already having some drinks.
His lips are purple from the wine he's already consumed before he shows
a full investigation into this matter, the US~Observer contacted John
Foote, the elected District Attorney in an attempt to share evidence
the prosecutor's office did not have - evidence that proved Mr. Olsen's
innocence. Several witnesses were not contacted by police for a statement.
Those key witnesses had very compelling information that we uncovered
- evidence clearly supporting Mr. Olsen's innocence. By contacting the
D.A. it was our intention to share that evidence, saving time for all
involved, and the taxpayer's money while helping an innocent Mr. Olsen.
In a response letter from prosecutor Grace Pauley, who was assigned
to the case, she simply shared her gratitude, essentially saying, we
will continue to prosecute. She ended up passing the case along to a
young prosecutor named Jeffrey Nitschke, who likely followed orders
and simply prosecuted. I'm not sure how Clackamas County D.A.'s office
operates, although the norm is if you're handed a case, and you believe
there was no crime committed, you may decline to prosecute and dismiss
the charges. In the future, I'm hopeful Prosecutor Nitschke will be
that person - one who truly serves justice and declines to prosecute
someone who is innocent. Nitschke's nascent abilities were clearly demonstrated
although he was handed a losing case to begin with.
As for District
Attorney John Foote, I believe he was simply instructing his deputy
prosecutors to handle the case as they saw fit. Hopefully he will heed
our communication in the future should there be reason to communicate
again! One can only imagine how a retired Fire Captain and Veteran (Gene
Kalar) could deceitfully use his credentials and connections against
someone with a criminal record.
Olsen & his supporters
In a recent text
message almost two weeks after trial, Mr. Olsen stated, "I'm
still waking up laughing." He's a genuine, down-to-earth, nice
guy. When he talks, it's almost as if you've revisited childhood memories
of someone reading your favorite bedtime story. He can definitely captivate
one with his words. Several times throughout Mr. Olsen's testimony,
he went completely off topic, yet even the Honorable Michael C. Wetzel,
the presiding Judge, listened, as we all did - in awe. If anyone needs
a PR guy, Mr. Olsen is your man!
Mr. Olsen's attorney,
Eric Hale, was a precise and detailed litigator. He should be commended
for a job well done. Also, Judge Michael C. Wetzel should receive a
medal of honor for being an absolute breath of fresh air as a neutral
referee in this case. Good Judges are hard to find, and Clackamas County
has definitely found one of them. Judge Wetzel is also a Major with
the Army National Guard. From one Vet to an Active Soldier - Hooah Honorable
Michael C. Wetzel!
victims of the judicial system is what drives home what the US~Observer
does - Vindicate the Innocent! Today, the taste of freedom lingers with
Mr. Olsen and his family. What a sweet day for justice.
To view Olsen's
original article, with video: click
In the upcoming months we will likely be reporting further on this case.
Our sources have shared some interesting news of what may come... Stay
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