Hummel: Stars owner thwarted Stormy Daniels investigation

(Update: Kaiser disputes claims)

Deschutes County District Attorney John Hummel said Tuesday the owner of Stars Cabaret allowed a surveillance tape to be erased, thus thwarting his investigation into any possible charges arising from a customer who threw a wallet at adult film star Stormy Daniels during her Bend appearance.

The owner, however, tells a different story.

Hummel released a statement in which he said he had completed his legal review of the incident involving Daniels, the woman in national headlines in recent months, who was in Bend as part of a three-city Oregon tour,

In the early morning hours of May 19, Hummel said, an apparently intoxicated patron threw an object at Ms. Daniels as she was dancing on stage. (Media reports indicated it was a wallet.)

“This object struck Ms. Daniels and she then left the stage and the show was canceled,” the DA’s statement said.

Police said at the time Daniels had declined to press charges. However, Hummel said he “commenced an investigation to determine if the crimes of harassment and/or assault were committed by the patron.”

Hummel said he spoke with Daniels’ attorney, Michael Avanatti, and learned “Daniels did not want charges to be filed for any incident involving her as a victim. Thus Hummel declined to file charges of harassment and/or assault,” the news release said.

Hummel said he also investigated whether the intoxicated patron committed the crime of disorderly conduct.

“In furtherance of this investigation, Hummel wanted to view the surveillance video of the incident that was made and retained by Stars,” the statement said.

“The owner of Stars, Randy Kaiser, confirmed a video existed and said he would preserve it until the police retrieved it. Instead, Kaiser allowed the video to be destroyed,” the DA’s office statement said.

“Without the video, Hummel determined he had insufficient evidence to determine if the patron committed the crime of disorderly conduct. Thus, he declined to file criminal charges.

Hummel said he also considered charging Kaiser with the crime of tampering with physical evidence, but ” ultimately concluded Kaiser did not commit this crime because he did not perform a voluntary act in destroying the tape; he allowed it to be recorded over per the usual retention schedule set on the club’s surveillance system.”

Kaiser spoke to NewsChannel 21 via email Tuesday, calling the DA’s allegations unfortunate and misleading.

Kaiser said the police officer taking the report didn’t advise anyone at Stars to keep the video footage.

“No subpoena or other legal process has ever been issued,” Kaiser wrote.

Kaiser said the district attorney’s office never explained to him why they were requesting the video surveillance.

“The privacy of Stormy Daniels, our staff, and patrons is paramount to Stars,” Kaiser wrote. “It is not difficult to envision how this videotape might be sold or misused.

“Stars has traditionally enjoyed a positive relationship with law enforcement in Bend, and if they had advised that there was a matter under investigation, management would have taken steps to preserve the recording,” Kaiser wrote.

However, Hummel said he filed a complaint with the Oregon Liquor Control Commission, asking them to investigate the apparent overserving of alcohol to the patron who threw the item at Ms. Daniels (he reportedly said he threw the item because: “I was being wasted”) and the thwarting of the law enforcement investigation into the incident.

Hummel said he also “shared his disappointment with Kaiser in a letter sent to him in care of his attorney.”

In Hummel’s letter Tuesday to Kaiser and his attorney, Jonathan Ash, the DA said he “was disappointed and shocked” to learn from Ash about Kaiser’s “actions and inactions in the recent investigation my office spoke with you about.”

“Deschutes County is graced with business owners who have always worked with law enforcement for the betterment of our community,” Hummel wrote. “Unfortunately, you apparently do not subscribe to this ethos and instead chose to thumb your nose at law enforcement. This is a reflection on your character and is a loss for our community.”

After outlining the complaint filed with the OLCC, Hummel noted that after Kaiser was held accountable for his former Beaverton club permitting underage children to dance nude, “I assumed you would go out of your way to cooperate with law enforcement.”

“Alas, I apparently did not understand how you operate,” the DA said. “I do now and will henceforth act accordingly when I have dealings with you and your business.”