The Jackson County district attorney is taking Oregon’s prison agency to court, arguing it misapplied a recent Supreme Court ruling when it released a convicted child abuser four years early.
District Attorney Patrick Green filed a contempt of court motion Nov. 4 against the Oregon Department of Corrections, Director Michael Reese and sentence computation administrator Tasha Petersen. Green says the department's recalculation of prison sentences has disregarded judges’ intent and allowed inmates to leave prison before serving their full terms.
The motion stems from the department’s release of Joaquin Cowart, who was serving a 12-year sentence for repeated child sexual abuse in Jackson County.
The Oregon Supreme Court’s July 10 decision in State ex rel Torres-Lopez v. Fahrion broadened when inmates can receive credit for time served, allowing it to apply to unrelated charges or probation violations. The Department of Corrections then began recalculating thousands of sentences under the new interpretation.
“Not even in Mr. Cowart’s wildest dreams could he have imagined that he would get that much credit and be released this early,” Green said.
Green said the department ordered Cowart’s release without notifying the court, the prosecutor’s office or the victim in advance.
Green’s filing challenges the department's interpretation of the Supreme Court decision. Prosecutors across the state say the department’s broad application of that ruling has led to premature releases and undermined court sentencing orders.
Hundreds of prisoners across the state have earlier release dates due to the DOC sentencing review, while dozens were immediately released, according to the Oregonian. In Cowart’s case, the corrections department applied his credit for time served to each of his four consecutive 36-month sentences.
In a statement, Green said the department’s actions “turned a 144-month sentence for a dangerous sexual offender into a credit-for-time-served sentence, making it appear as though Mr. Cowart should have been released immediately after sentencing in 2021.” He said the agency’s approach “defies common sense” and called it a “statewide jail break.”
The Oregon Department of Corrections did not respond to a request for comment.
The Oregon District Attorneys Association has urged Gov. Tina Kotek to pause resentencing caused by the Supreme Court ruling.
“This pause is essential to ensure that individuals who should remain incarcerated are not prematurely released, that victims are given the time and respect they deserve through proper notification, and that the courts are not overwhelmed by a surge of motions to modify sentencing orders,” the group said in a statement.
Green said Cowart wasn’t the only inmate released early under the department's review. The DOC released Alfredo Martinez in September. He was serving four two-year sentences, one for each victim injured in a July 2024 DUI crash. It also released Craig Robinson, sentenced to 60 months in June for sexually abusing a 6-year-old, just five days after his sentencing in August.
The hearing for the contempt action is scheduled for Dec. 10 in the Jackson County Circuit Court and requires Reese and Petersen to appear. The filing seeks Cowart’s return to prison and daily fines until the alleged contempt ends.
