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Washington County Circuit Court in downtown Hillsboro.

(Emily E. Smith/The Oregonian)

A Washington County prosecutor who wrote a Facebook post that appears to support racial profiling will be placed on limited duty starting Wednesday, her boss said.

Deputy District Attorney Zoe Smith faces a personnel review, District Attorney Bob Hermann said in an email Tuesday to The Oregonian/OregonLive.

Smith will no longer make charging decisions or court appearances, but will stay on the payroll and in the office, he said.

"We continue to assess the issues created by her comments, mindful of the public's concerns and confidence, all while fairly and thoroughly working with employment laws and personnel rules," Hermann wrote.

Smith, who joined the District Attorney's Office in September 2005, came under fire after she wrote on her personal Facebook page over the weekend:

"I keep reading about the anti-politically correct movement to support Trump. For the record, I'm on board. If you're looking for a terrorist, look at a young Muslim male. If you're looking for a gang shooter, look for a young black guy. If you're looking for a child molester or a mass shooter, look for a white guy. That's just common sense. I'm more concerned about the environment in which we live and economic equality for those who work. Tell me how you plan to fix that, Mr. Trump."

Zoe Smith's Facebook apology

Zoe Smith posted the following apology, which she sent to The Oregonian/OregonLive in an email, on Facebook.

Hi Friends,

It has come to my attention that a FB post of mine has offended some people that I care a lot about, both personally and professionally. I want to say first that I take responsibility for that and am sorry. Second, I want everyone to know that the comment was intended to further an ongoing political discussion and to make a point. It was not meant to be taken literally or as a comment on what I do for a living.

For those who know me, you know that I am open-minded and a pragmatist. I usually want to cut to the chase and find a solution. My point was first and foremost that we are all in this together. Every group of people has their stars and those they'd rather disclaim. My point was only, let's acknowledge that and then move on. We don't have to believe every stereo-type but sometimes they can help frame the issue. One of my favorite quotes is by Chimamanga Ngozi Adich, an author. She explains, "The problem with stereo-types is not that they are untrue, but that they are incomplete." That's how I feel. To ignore race, or education, or background is un-productive. Acknowledge it and move on to a solution that works for us all. I hope this helps give some context to my point. I have always tried very hard to give everyone I interact with a fair shake. This was purely an intellectual discussion, not a play-book for law enforcement.

Zoe

Her comments, which were first reported by the Portland Tribune, quickly caught the eye of area defense attorneys. Smith's Facebook page is private. But screenshots of the post were sent to attorneys and media outlets, including The Oregonian/OregonLive.

Republican presidential front-runner Donald Trump in recent months has drawn outrage for comments about banning Muslim immigrants to the U.S. and building a wall to stem the tide of Mexican immigrants.

Smith responded by email Tuesday saying that she has "always believed in treating every person equally regardless of race, religion, sex or class."

"It was a poorly made point during a political discussion," Smith said of her post. "I would never suggest that racial profiling actually be used as a law enforcement tool."

She later sent another email saying, "This is so sad after 10 years of hard work to be a fair and honest DDA. I have a wonderful relationship with the defense bar and trust many of them implicitly."

Edward Kroll, president of the Oregon Criminal Defense Lawyers Association, said defense attorneys spotted Smith's posting and contacted him Sunday. After reviewing the post, Kroll emailed Hermann.

"(W)hen a member of your office publicly voices that racial profiling is 'just common sense,' frankly, it is terrifying," wrote Kroll, who practices in Washington County. "Given Washington County's diversity and future growth potential, I trust this is not a message that your office would support."

Kroll further wrote that he hoped Hermann's office would "quickly condemn these types of sentiments, in the strongest possible language and in the strongest possible way and continue to ensure that incidents like these are the exception, not the rule."

Hermann subsequently released a statement:

"The Washington County District Attorney's Office in no way supports any message or opinion that 'racial profiling' is appropriate, makes 'common sense' or has a place in our Criminal Justice system," Hermann wrote. "Our obligation has been and always will be to insure that our Criminal Justice system treats all victims, defendants and other citizens fairly and justly. And messaging to the contrary erodes the public's confidence in all the good work so many people do. The context, manner of debate or 'political fervor' does not diminish the damage or distrust that this messaging creates. Period."

Hermann said his office is reviewing Smith's statements and will talk with her about the "impact they have on members of our community."

Kroll said Smith's post came as a shock to him. In working with the prosecutor on cases, Kroll said, she has always been professional and has had a good reputation among defense attorneys.

Gabriel Biello, a defense attorney in Washington County, said he has worked with Smith on many cases and believes she is a compassionate prosecutor. She is friends with defense attorneys on Facebook because she has been well-liked, Biello said.

"I have always found her to be fair and respectful of people, no matter their background or what it is alleged they have done," Biello wrote in an email to The Oregonian. "Not all district attorneys will talk to and about defendants respectfully. She does."

Kroll said he doesn't think Smith has engaged in racial profiling in her work and said conducting a review of her cases doesn't seem necessary. But, he said, that doesn't take away from her disturbing message.

"Prosecutors have a tremendous amount of power," Kroll said. "It's they who decide who to charge. It's they who decide when to charge. It's they who decide what to charge."

Smith later posted an apology on Facebook, saying the original post was "purely an intellectual discussion, not a play-book for law enforcement."

"For those who know me, you know that I am open-minded and a pragmatist," she wrote in part. "I usually want to cut to the chase and find a solution. My point was first and foremost that we are all in this together. Every group of people has their stars and those they'd rather disclaim. My point was only, let's acknowledge that and then move on. We don't have to believe every stereo-type but sometimes they can help frame the issue."

-- Rebecca Woolington

503-294-4049; @rwoolington