By News-Register staff • 

Judge denies dentist's request to overturn jury

Only online subscribers may access this article.

One-day subscriptions available for just $3. Click here for one-day access.

For all other subscription offers, click here.

Already a subscriber, please .

Comments

F. Bank

This is getting really insane. The Nelsons really need to move on and get over it. You lost, you do not like it and I do not blame you, but pull up your big girl pants and deal with it. This action makes you look like pitiful sore losers.

Joel2828

Easy now F. Bank. You sound a little too angry. The constitution gives Nelson the right to appeal...even if you don't approve.

JEHL3332

To you Joel2828, F.Bank has the right to his opinion about this case. I happen to agree with everything that he said. To disallow the 12 person jurors unanimous decision after 12 days of trial is concerning to me. If Judge Easterday properly instructed the jury and the jury returned a verdict that should have concluded the case. I am also a taxpayer and realize that each time the Nelsons decide to try again is costing all of us money and courtroom time. The Nelsons have lost the criminal trial and the Civil trial so how much longer does this go on?

dehtj789

From what I heard their request for retrial was denied. Hoping they do a follow up story.

JEHL3332

The most positive thing about the hearing yesterday was the fact that 6 of the juror were present to see the outcome. They spent 12 days on this trial and 1 day deliberating and they felt they did exactly the correct and fair thing. I say salute to them all.

dehtj789

In response to JEHL3332: More of us wanted to go, but had work obligations. We are all still following this process.

JEHL3332

To dehtj89, Obviously you were one of the juror and I just want to say how really impressed I was with all of you. I was at the trial and felt that all of you did an excellent job and the questions that you were able to ask the witnesses were right on. Thank you and again Salute for your service.

Franko

I was at this trial too and was disgusted with not only the process but the outcome as well. I hate lawyers and judges and more importantly the antics of Hixon's attorney. He is I my estimation the epitome of the kind of person nobody should be like. He's a hotshot and self absorbed. Those two defendants had their criminal case thrown out because they paid back the amount they defrauded the state out of. The State of Oregon was going to put these two in jail if they had't done so. So, do you honestly believe they didn't steal from Jim Nelson. You don't pay back what you didn't steal. I don't care how this trial ended. I will always think of these two women as vicious and dishonest people.

tmj7

To Franko x9, I too was at the trial and was also a witness for Mrs. Hixon and Mrs. McMullen. Since there were only two people on Dr. Nelson side watching the proceedings I would have to assume you are either the father of Wendy Nelson-Baca or one of the two patients of Dr. Nelsons. Hmmm....I wonder. The way you describe Mrs. Hixon' s lawyer is exactly what everyone including the jurors thought of Dr. Nelson's lawyer, Mr. Cogan. He notoriously has had a reputation for dishonest and unethical legal practices. It was very evident by the way he spoke to and questioned the witnesses that he was nothing but a bully. As far as the defendants stealing from the state as you mentioned-if all of Dr. Nelson's previous employees would have initially been interviewed it would have shown that Dr. Nelson himself instructed his employees to regularly claim unemployment to subsidize their loss of wages when the practice was having a slow month. So, it appears Franco x 9 that you have been duped into believing the sordid false accusations of Wendy Nelson-Baca and Dr. Nelson. The truth is, Dr. Nelson has been lying this entire time. He knows very well he gave his employees benefits like the health insurance, vacation pay and bonuses. Otherwise, why would he claim the first on his taxes as the accountant testified to. You may ask, "why would he lie?" Well, her name is Wendy Nelson-Baca! We, who have known Dr. Nelson for years and can speak to his personality will tell you he has always been easily manipulated by his wives-past and present. This third wife, Wendy Nelson-Baca has been particularly manipulative; convincing him he did not need a prenup before marrying her; convincing him to adopt all her grandchildren that her own drug addicted children keep having; convincing him to make her half owner of his business; convincing him his beloved and long-standing employees and friends were stealing from him. Ms. Baca-Nelson or Nelson-Baca is not a good person.

Franko

To you tmj7: I didn't think Jim's attorney was very good either. But I would have rougher on three of their witnesses. They all said he had a gun but none had seen it. That leads me to believe the Hixon was the one who told them. Freezing his assets is malicious and unfair. He can't do business and pay his employees whose lives have now been altered. You must be Hixon's son who was the only person who saw a gun behind closed doors. You are mean spirited just like your mama when you talk about his wives and their marital agreements. The fact that you're putting this in the news, proves my feeling about your anger and malicious behavior. That is uncalled for. Like I said before, I will always believe Hixon is dishonest and quite frankly deserved the humiliation of being arrested.

Oregonian

Wow, so much more info in the comments section of this story than in the coverage of the case itself!

tmj7

Franco x9,
I am not Mrs. Hixon's Son nor am I a relative. I am someone who knows first hand about the workings of Dr. Nelson and Wendy Nelson-Baca. I never mentioned a gun but since you did I will attest to it being another of Wendy's manipulations of the Dr. into convincing him to carry a gun at work- due to her paranoid personality disorder. As for the Hixon's- If you took the opportunity to get know them you would find they are good honest hard working people that did not deserve this to happen to them. My spitefulness has been born from the workings of the Nelsons. I have had to watch for five years the evilness that Wendy and Jim have spewed at my friends and will not tolerate people like you to mouth off untruths. I was there. I witnessed it! You did not!

tmj7

To Oregonian,
Unfortunately, due to the biased history of our local paper you will likely never hear the whole story.

Jeb Bladine

We would welcome an analysis of the bias you see in the reporting of this story. Meanwhile, there are a few elements of the policy on Reader Comments -- linked above -- that might warrant review.

tmj7

Duly noted.

Franko

It's amazing to me how anybody could witness bad behavior for 5 years that was uncomfortable but still continue working there. You don't know anything about their marriage any more than I. You sound like you were right in the bedroom with them. Do you work for one of the rag sheets in the stores? I admire Wendy and Jim for taking in those children instead of letting them go to foster care. You should move too. It's too bad that your anger prevails.

tmj7

Franko- Not angry just tired of reading your hate filled comments about something you know nothing about. Your attempted guesses about who I am is laughable. I sleep just fine at night knowing my friends were vindicated in a court of law. Your friends were found guilty and now have to pay the price for their malicious harm to these women. You need to stop your hateful comments and move on!

Franko

Ohhhhh Tina! I am moving on and my comments haven't been anywhere near as vicious as yours. You've stated things about their attorney as facts which are probably not true. I'm only offering my opinions and not stating them as facts. Your personal attacks on the Nelsons have been vicious, vile and mean spirited. I have moved on because the court has spoken. My friend lost and must deal with the consequences. You on the other hand can't move on because of your hatred. I feel sorry for you. With that much hate in your heart, you're no good to others and most importantly to yourself. Relax, and just forget the Nelsons. I'm sure your family will appreciate it. God Bless!

JEHL3332

Franko, you are the first to start with ripping on the attorney of Hixson, the first to talk about hating lawyers and judges, and you have the nerve to attack tmj7 for sticking up for her friends. She obviously is not the only one that feels the way that she does about Jim and Wendy Nelson. As you said, you were at the trial and so was I and there were about 7 witnesses that will confirm everything that tmj7 said about the Nelsons. Most of them were former employees for the Nelsons. Are they all wrong???? A very important point that has been totally left out of this story is the fact that after the Criminal case was dropped the Criminal attorney for Ms. Hixons, Krista Shipley, was asked by the Oregon Bar Association and then the Oregon Legislators to present this case to them. After doing so, showing how this case was botched by the DA's office and the treatment of Ms. Hixson and Ms. McMullen, a new law has been enforced so that this will not happen again. Put that in your pipe and smoke it Franko.

Jeb Bladine

It remains possible that this judgment could be appealed to higher courts, which on occasion have overruled jury verdicts related to malicious prosecution based on complicated circumstances and case law applications. We have no indication of an appeal, but experience suggests that cases involving this level of personal passions and legal disagreement often move to appeals courts.

JEHL3332, if you have specific reference to new law enacted as a result of the 2015 case, it would be interest.

JEHL3332

Mr. Bladine, if you have the court records of this case when Shipley took the stand it is mentioned in the trial so should be in the court records or you could contact her or the Oregon Legislators and reference this case.

Franko

Hey JEHL 3332.My comments about her attorney were strictly my opinions. I never suggested that he was notorious for illegal practices or a bad lawyer. I merely stated what I thought of him and our justice system which is my right to do. Tmj better have proof that Jim's attorney has been known for illegal practices and she should be prepared to prove the things she's said about Wendy. Anything you and yours can say about me doesn't change my opion. So, put that in YOUR pipe and smoke it. Have a nice day.

tmj7

Nope wrong again Franko. But, you might want to apologize to Mrs. Hixon's Son and Tina both whom you wrongly accused on this forum.

Franko

I would more than happy to apologize to Ms Hixon's son. What did I wrongly accuse Tina of? I merely objected to the comments she stated as facts about the Nelsons attorney and Wendy. Wrong again about what?

Franko

I did mistake her to be Ms Hixon's son and I'll offer her an apology for having done so. It was a mistake, not an accusation.

Joel2828

Holy cow. A court room brawl breaks out in the comments section of the NewsRegister!!!
From the sounds of all this shouting back and forth there are people on both sides of the issue who are being angry and mean.

I find it particularly disappointing to see jurors here commenting in a biased way. I know the case is over and they are entitled to their opinions too but somehow that just doesn't feel right.

JEHL3332

Joel2828, The jurors in this case spent 12 days in trial and 1 day deliberating. They had to alter their lives in those 13 days, take a huge cut in pay and you are disappointed because they have made a comment on this case. Really?

Franko

To tmj7 I apologize if I have mistaken you for Tina. Whoever you are, you have stated as fact that the Nelson's attorney has a reputation of being unethical and dishonest and even worse you have stated as "facts", things about Wendy. You didn't offer these comments as you opinion. We're all entitled to our opinions whether they're right or wrong. I apologize to anybody who may have been offended by my opinions. They're just opinions and feelings. Relax everybody, I am through with this issue and whatever your opinions are of me are none of my business.

dehtj789

In response to Joel2828: I believe I am the only juror commenting and I haven't made a single biased comment. I only said that we are following the case and stated that the Nelson's request was denied. I believe the other comments are from friends and family of both sides.

Joel2828

My apologies dehtj789. I thought JEHL3332 was a juror too. Reading back over the comments I see that he/she isn't on of the jurors. Just someone who was really happy about the verdict!
The ugliness on both sides of this is just so sad. I'm sure it's been stressful for all involved but wow...just ugly.

Lulu

Dragging reputations through the mud is ugly.
They deserved far more compensation.
And some major, heartfelt public apologies.

Web Design and Web Development by Buildable