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From the Linfield Review, McMinnville OR, 1994:
Student arrested for painting rock
Tuesday morning several police officers surrounded Linfield's latest monument, a rock outside The Catalyst with a plaque commemorating Linfield's charter. The rock had been doused with house paint, sprinkled with gold glitter and signed Ernest C. Smitten.
His housemate, senior Michael Entler, said Smitten was arrested at home by McMinnville police officers at 8:45am.
Smitten attended court via a video monitor and faced charges on two counts of criminal mischief. Smitten plead guilty to the first charge and the District Attorney dropped the second.
Smitten defended his actions as an artistic statement.
"[There are] limits to expression of art," the judge said. "They are OK as long as they don't damage property."
The judge sentenced Smitten to two days jail time, including time served, $62 in court costs, and $100 restitution to be paid to Linfield College.
The charge to which Smitten pleaded guilty is a misdemeanor and a judge can eliminate it from his record if Smitten demonstrates several years of good behavior.
Smitten was released Wednesday evening. His concern seemed to be that people weren't aware his act was a work of art, which he titled, "School's Gold."
Smitten's friends said they were concerned that his punishment exceeded his crime.
"He put his name on it," junior Amanda Siestreem said. "He wanted people to know he did it. He wasn't hiding, it wasn't vandalism."
Junior Kelly Cail said she visited Dean of Students Dave Hansen that afternoon to inquire about Smitten's whereabouts. Cail said she was disappointed with her meeting.
"I feel uncomfortable that I can't call up the Dean of Students and talk about my friend without him being condescending," Cail said.
Siestreem said she feels that students lack open communication about the issue.
"Somebody made a decision to tear out a beautiful tree and put in that rock," Siestreem said. "The issue is students weren't consulted. They have no say over what goes on. Ernest's arrest is an example of this. Concerned students weren't called. When they queried, they were given false information."
After Smitten's arraignment Wednesday, seven of his friends met in Hansen's office. Hansen denied being responsible for police involvement.
"I don't know [who is responsible]. I didn't make the call," Hansen said. "Police had already been called and had begun the investigation by the time I arrived."
Hansen refused to identify the caller, but said that the college decided to press charges.
"We told the police that we wanted to pursue it. I made that decision," he said.
The students present agreed the case should have been handled within Linfield's own judicial system.
"It has occurred to me Ernest may have been punished because he is different," senior Ken Barton said. "This is because destructive behavior by others who are less likely to stand out is usually treated less harshly. Ernest is the kind of person this campus could use a few more of. He forces people to think."
"He would not ever be singled out because he is different," Hansen said.
Art professor Ron Mills said Smitten's actions set him apart from other students.
"The fact that Mr. Smitten did sign the work would seem to place it in a category separate from college pranks, however ineffectual," Mills said.
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