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incarceration CYA accused of controlling wards with drugs |
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Brenda Spencer 2+9 Idaho dogpack vs. exSDPD SWAT |
The scope of psychotropic-drug use is somewhat of a mystery at the Youth Authority, which has no central records
on the total amounts of medications prescribed and the costs.
A top Youth Authority official said upcoming changes will allow better monitoring of psychotropic-drug use, require
more-precise diagnoses by medical staff before psychotropic drugs can be prescribed, ensure consent of parents
and wards before medications are administered, and improve staff awareness of potential side effects.
The Youth Authority, rocked last year by allegations that wards were used as guinea pigs in a drug experiment and
were put in rooms with gang rivals, frequently leading to pitched battles, has come under scrutiny by the Youth and
Adult Correctional Agency Inspector General's Office for its use of psychotropic drugs. The Youth and Adult
Correctional Agency oversees the California Youth Authority, the California Department of Corrections and the
Board of Prison Terms.
In a directive issued in September to YACA Secretary Robert Presley, Gov. Gray Davis banned the use of "open
prescriptions" of psychotropic medications, reportedly because drugs had been dispensed to wards by Youth
Authority staff on an "as-needed" basis." Davis also ordered a review of all policies relating to the administration of
medication to ensure that proper protocols have been followed.
Youth Authority policy specifies that psychotropic medications are to be used to treat medical and psychiatric
conditions, not to respond to behavioral problems.
But wards and staff alike at youth prisons near Stockton say the opposite is true. Keith Osterholt, 22, was a ward
working as an aide at the O.H. Close Youth Correctional Facility several years ago when he noticed that many
young wards in one residence hall were taking medication that made them appear as if "they Were always high on
something.
One of the staff told me it was to keep them in line, (keep them) from getting hyper, they're easier to
handle when they're like that." Osterholt, who lives in Stockton, was honorably discharged from CYA parole in
1998.
Employees confirmed Osterholt's statements. "It's a legal way of slowing guys down, making them more
compliant," said a Youth Authority employee with knowledge of medical practices who asked not to be identified for
fear of retaliation.
It's standard institutional practice in California and across the nation to use mood-altering medications to control
behavior, said Dan Macallair, associate director of the Center for Juvenile and Criminal Justice, a San Francisco-
based advocacy organization.
"Typically, psychotropics are used in correctional facilities, not necessarily to treat an identified malady but to
maintain control, particularly in kids who are management problems," Macallair said. "It's an easy solution that
doesn't require staff to sit down with the kids, find out their issues, do background research; it doesn't require a
system to address problems outside the institution. This is all about maintaining institutional control."
Youth Authority officials are investigating allegations that psychotropic medications have been used for behavior
control, allegations that were raised last year in the inspector general's report, said Brian Rivera, who was deputy
director of institutions and camps until Friday, when his retirement became effective. The inspector general's report
has not been made public.
"As a matter of fact, we are aware of allegations," Rivera said. "We've had our chief of health-care services
personally review several hundred records at the four institutions in the Stockton complex. When we get specific
allegations, we have investigated them. We also have responded to wards' parents regarding the allegations
and concerns."
Rivera said he could not discuss allegations that are the subject of continuing investigations but hastened to add
that all medications, including psychotropics, "are being prescribed for medical reasons by our medical staff."
Wards, parents and staff allege that wards have been threatened with disciplinary measures if they refuse to take
psychotropic medications, even though Youth Authority regulations specify that wards may refuse medication
unless they are in immediate danger.
Sam Moran of Union City said his 22-year-old son, Anthony, was ordered to take medication by his parole board,
even though the medication affected his sleep and eyesight. Sam Moran believes Anthony Moran has been
prescribed Depakote, an anticonvulsant, and Prozac, which is used to treat depression.
Depakote, Depakene syrup & valproic acid, brand and generic anti-convulsants, were the most- prescribed
medication at the Youth Authority in fiscal 1998-99, according to CYA pharmacy records analyzed by The Record.
Depakote was the subject of a controversial experiment that attempted to Document the drug's usefulness in anger
management and involved 61 wards at O.H. Close, some as young as 14.
On a recent visit, Sam Moran noticed that his son's behavior changed suddenly as the two ate lunch in the
Chaderjian visiting room.
"He got quiet, he was in a daze. His legs started shaking, his foot was shaking, he can't keep still. He's eating, he
gets lockjaw, his jaw tightens up. He was eating, then he was not making sense."
Forced medication: Other wards have similar stories.
Travion Chamberlain says he still has memory problems six years after he took Thorazine, a powerful medication
for nervous, mental and emotional disorders. Chamberlain, 22, is a ward at Chaderjian but was then housed at
Fred C. Nelles Youth Correctional Facility in Whittier.
After his HIV-infected mother died, Chamberlain was depressed and angry and fought with other wards. Thorazine
made him feel worse.
"I felt like I was retarded. Some people get addicted to it, but I felt stupid. I couldn't read or concentrate. I didn't
want to take it." Chamberlain said the prescription stopped after 60 days.
Wards who speak out or involve their parents are less likely to be forced to take medication, Osterholt said. He
said he was threatened with punishment when he declined sleeping pills after he suffered insomnia but refused
without being disciplined. One of his roommates was not so lucky.
"They threatened to put him in the hole, put him in lock-up, give him (disciplinary) write-ups and everything,"
Osterholt said. "It was a constant battle with him. For a while, he put it under his tongue and spit it out. They made
him take it in front of them."
A new Youth Authority policy requires either parental consent for wards younger than 18 or consent from wards
who are 18 and older, Rivera said. And a new computerized pharmacy system will make it easier for the Youth
Authority to track consents, he said.
Parents who try to remain involved in their children's lives while they are incarcerated in youth prisons must battle
for answers about medical care, said Debora Aubuchon, whose 18-year-old son, Albert, is at O.H. Close.
Aubuchon said her son was prescribed a psychotropic medication, took it for a while but didn't like the side effects
and then was disciplined when he refused to take it. She could never find out what it was.
"The doctors tell me they don't have to tell me anything. You call there, nobody returns your calls, you can't get
through to anybody. I've been trying to get some answers, but it's like a brick wall.
"I don't care if they are incarcerated and if they are minors, most of them, they need to know what they're taking
and why they're taking it. Parents should be advised of it so they can say yea or nay," Aubuchon said.
Youth Authority employees familiar with medical processes at the Stockton complex contend that psychotropic
medications have posed extreme risks for some wards.
Among their allegations:
* Wards at Chaderjian who complain about sleeping problems have been prescribed Dalmane, a
central-nervous-system depressant, on a long-term basis. "It's absolutely creating drug
dependency, and that is a no-no," said one employee who requested anonymity.
* CYA psychiatrists do not consistently use a diagnostic procedure called the "five-axis diagnosis"
recommended by the American Psychiatric Association. Instead, psychiatrists may write "has
difficulty sleeping" in a ward's medical chart before prescribing a mood-altering drug. Once
medications are ordered, renewals may occur for weeks before the psychiatrist sees the ward
again.
* Wards are provided medication by medical technicians, many of whom have not had psychiatric
training, then return to dormitory housing units or cells where they are overseen by parole agents
and youth counselors who are not trained clinicians and are unschooled about potential drug side
effects.
Anti-depressants and anti-psychotic medication may be needed for some youthful offenders, but
only after appropriate diagnoses, said Louis Kraus, director of child and adolescent psychiatry for
Evanston Northwestern Health Care in Evanston, Ill. Kraus, a member of the American Academy
of Child and Adolescent Psychiatry, sits on the board of the National Commission on Correctional
Health Care.
Probably the biggest concern about prescriptions in youth prisons, he said, is the overuse of
Zyprexa, Haldol, Thorazine and Risperdal, all anti-psychotic medications.
All of these drugs are used by the Youth Authority.
Thorazine and its generic equivalent chlorpromazine were one of the top 10 psychotropic
medications dispensed by Youth Authority pharmacies in 1998-99, according to CYA data. A total
of 874,580 milligrams were dispensed last year in doses ranging from 10 to 250 milligrams.
The Youth Authority provided data about the amount of medications dispensed and costs for
1998-99 to The Record, even though the newspaper sought data on the amounts and costs of
psychotropic medications prescribed for the past three years. Earlier records are not available
because the data were not centrally stored, CYA spokesman J.P. Tremblay said.
Medications are purchased as part of each facility's individual budget and are not reported to the
department's headquarters. Oversight of the use of psychotropic drugs went no higher than facility
superintendents.
The Youth Authority could not say how many wards are diagnosed with schizophrenia, manic-
depressive illness, also called bipolar affective disorder, or insomnia or have anger-management
problems. But CYA spokeswoman Sarah Ludeman reported that a one-day report from the
institutions indicated that 411 wards, or 6 percent of the entire Youth Authority population, are
taking mood-altering drugs.
The lack of central oversight by the Youth Authority was startling to Macallair at the Center for
Juvenile and Criminal Justice.
"It sounds like it's extremely expensive, and to not even have records or be able to account for
how much is dispensed, who is getting it, to me is appalling," he said.
Kraus, director of child and adolescent psychiatry for Evanston Northwestern Health Care in
Evanston, Ill., is a member of the American Academy of Child and Adolescent Psychiatry and sits
with Owens on the board of the National Commission on Correctional Health Care. Owens, who
retired last year as medical director of Washington state's division of youth services, is a
member of the American Academy of Pediatrics.
Last year, the Youth Authority prescribed more than 16 million milligrams of psychotropic
medications, including:
* Fluphenazine and the equivalent brand drugs Permitil concentrate and Prolixin
Decanoate. It's "a high-potency anti-psychotic," Kraus said. "I can't believe they're giving that to
kids. It's got a lot of side effects, such as permanent movement disorders." Youth Authority
pharmacies dispensed 16,150 milligrams of fluphenazine, Permitil and Prolixin last year.
* Phenobarbital, a barbiturate, "is not used (by psychiatrists) anymore," Owens said. "In
the past it was used for seizure disorders." The drug may permanently lower the intelligence of
younger patients. Last year, Youth Authority pharmacies dispensed 15,000 milligrams.
* Chlorpromazine, an anti-psychotic drug, is sold under the brand name Thorazine that
leaves patients heavily sedated, "would be used for someone who is acutely psychotic. It was
really rare. We used it maybe four times a year out of the whole population, and usually it's one
dose," Owens said. Youth Authority pharmacies dispensed 874,580 milligrams of
chlorpromazine and Thorazine in 1998-99, according to CYA records. Side effects can include
seizures and uncontrolled movements of the tongue, mouth, cheeks, jaw, arms and legs that may
not go away after the medication is discontinued.
Prosecutors revealed that Blondek was not a licensed psychologist and that he had been
awarded bachelor of science, master of science and doctoral degrees in just three years without
attending classes. His graduate school was Newport University, a correspondence school in
Newport Beach.
Blondek, who worked at N.A. Chaderjian Youth Correctional Facility, contended that ward Donald
Schmidt was no longer a danger to the public and could be released, even though other mental-
health experts diagnosed Schmidt as a pedophile and sexual sadist. Blondek is no longer
employed by the Youth Authority.
The Youth Authority is addressing the issue, said Brian Rivera, who was deputy director of
institutions and camps until Friday, when his retirement became effective.
Last summer, the Youth Authority instituted new employment requirements for psychologists, who
now must either be licensed or obtain their licenses within two years of employment, Rivera
said.
But psychologists hired before the rule change are not required to obtain licenses, Rivera
acknowledged. They are encouraged to get licensed, he added.
A licensed psychologist must complete 3,000 hours of supervised professional experience,
including 1,500 hours after obtaining a doctoral degree from an accredited or approved college or
university; pass a national written exam; and pass a California oral exam, said Jeffrey Thomas, a
spokesman for the state Board of Psychology.
Youth Authority psychiatrists also often lack credentials. Psychiatrists are medical doctors and
thus can prescribe drugs; psychologists cannot. Of 18 staff and contract psychiatrists employed
by the Youth Authority, the American Medical Association lists only five as specialists in child and
adolescent psychiatry. None is board-certified.
Physicians must pass written and sometimes oral examinations before achieving board
certification. Psychiatrists working with youthful offenders need to specialize in that patient
population, said Louis Kraus, director of Child and Adolescent Psychiatry at Evanston
Northwestern Health Care in Evanston, IL.
"Many facilities (nationwide) don't use board-certified child and adolescent psychiatrists," Kraus
said. "Those who are board-certified for adults often don't have experience in treating teens."
The Youth Authority has tried to recruit board-certified psychiatrists but has limited budget
resources, Rivera said.
CYA officials are talking to the medical schools at Stanford University and University of California,
Davis, about creating a fellowship program in child and adolescent psychiatry that would bring
instructors and students to Youth Authority facilities, he said.
"We as a community have failed you, but you have also failed us and yourself," Judge Eugene
Moore told Nathaniel during Thursday's sentencing. He told the boy to "help us help you and, in
turn, help many other children in this community."
Nathaniel, who turns 14 next week, said nothing. He turned around and looked at his mother and
other relatives when he entered the courtroom but showed no emotion when the judge passed
sentence.
Nathaniel was the first youth charged with first-degree murder under a 1997 state law that allows
children of any age to be prosecuted as adults for serious offenses.
His case stirred debate across the country over efforts to crack down on juvenile crime. Amnesty
International chose his frightened face to illustrate the cover of a 1998 report condemning
America's justice system as too harsh on juveniles.
Mayor Walter Moore urged residents to reach out to the boy and to "recognize this young citizen
of Pontiac."
During the trial, prosecutors said Nathaniel had told a friend he was going to shoot somebody,
practiced his aim on stationary targets, shot Greene in the head and bragged about it the next
day.
The judge had several options, ranging from life in prison with a chance of parole to a sentence of
time served. As he sentenced the boy, Judge Moore urged the Legislature to lean toward
"improving the resources and programs within the juvenile justice system rather than diverting
more youth into an already failed adult system."
Deputy Alternate Defender Constance Istratescu, one of the county's most experienced gang case
lawyers, said she feared that many of those characterized as gang members were merely
members of ethnic street clubs that do not engage in crime. "My belief is that
Rackauckas denies that there is any prejudice or motive other than proper law enforcement behind
the gang enforcement effort in the county. "There are a lot of gangs in Hispanic-Latino areas," he
said. "They have been there for a long time; some are third- and fourth-generation gangs that are
resistant to law enforcement." He added that the primary victims of ethnic street gangs are
members of their own ethnic groups. "We talk about Hispanic-Latino gangs and they terrorize
Hispanic-Latino people. We need to stay on top of them." Rackauckas said the recent passage of
Prop. 21 will give his gang prosecutors greater ability to fight gang crime. The proposition subjects
those convicted of relatively minor gang crimes to life prison terms under the provisions of the
"three strikes, you're out" law.
At the center of the controversy
is a report by Deputy District Attorney Stephen Anear that details misconduct in cases handled by
the gang prosecution unit in the mid-1990s, including the slaying of popular high school scholar
Willie Jones. An appeals court recently overturned the murder convictions of four men
charged with killing a police officer, and other convictions have been undermined in the last
couple of years because of the misconduct of gang unit prosecutors and investigators. When allegations began to surface six years ago that a deputy district
attorney and an investigator had lied about the existence of an informant in a murder case, Anear
was given the delicate job of investigating one of his own. A glimpse into the substance of Anear's secret report is
contained in statements he made under oath in a July deposition taken as part of a civil lawsuit
that his wife, former Deputy District Attorney Laura Akers, had filed against the District Attorney's
Office. Akers alleged she was discriminated against because she became pregnant. Assistant District Attorney Greg Thompson said six
of the 10 issues raised by Anear were dealt with by Pfingst and the remaining issues either had
no validity or were for other agencies to address. Most of the report focused on Deputy
District Attorney Jim Fitzpatrick and investigator Pat Birse. Thompson noted that Fitzpatrick was
fired by Pfingst, and Birse retired after being transferred out of the gang unit. "Where's
the beef?" Thompson said. "That was always my quarrel with the quality of the report, it didn't
establish any causal connections with the facts." Anear's investigation included dozens of interviews with
police officers, prosecutors, investigators, judges and informants, along with the review of
thousands of pages of records. Through the course of his investigation,
Anear says he met reluctantance by his superiors to press for the truth, was nagged by fears that
his efforts were being sabotaged from within his own office and angered because targets of the
investigation were allowed to review the unfinished reports. Anear began his investigation with a limited
focus on the conduct of Fitzpatrick and Birse in the murder prosecution of Tyrone Turner. They
were subjects of allegations that they withheld information that an informant had identified Turner
as the person who killed a man during a carjacking. "I told the district attorney that
apart from the histrionics contained in the letter, that the allegations of misconduct were parallel if
not an absolute mirror of the absolute facts that (we) had uncovered in our investigation," Anear
said in the deposition. "(T)here were serious problems that needed to be addressed with respect
to misconduct on the part of district attorney and police employees."
prosecution
But a judge, disturbed by what he said was Michigan's "fundamentally flawed'' approach to
juvenile justice, sentenced Nathaniel to youth detention from which he'll be released at age 21 for
a murder the boy committed two years ago.
"The first two words that Nate said to me were, `What happened?'"said defense attorney Daniel
Bagdade. After the sentence was explained, the boy "just sort of looked down and shrugged his
shoulders."
Nathaniel was convicted in November of second-degree murder for shooting 18- year-old Ronnie
Greene Jr. from about 70 yards away outside a Pontiac convenience store in 1997 with a stolen
rifle.
The sixth-grader was arrested two days later, his face painted for Halloween, and has been held
in a juvenile facility ever since.
Despite the judge's urging, Gov. John Engler and key Republican lawmakers said they won't
reconsider the law that allowed Nathaniel to be tried as an adult.
"The governor feels when
the Legislature made this decision, it gave prosecutors and judges the ability to use this power on
a case-by-case basis," Engler spokeswoman Susan Shafer said. "He thinks it was a good law and
it was put there in order to allow prosecutors and judges to use it as they see fit."
"We need to in a concerted way make sure we visit him and give him the support that he really
needs," the mayor said.
The judge may actually have helped save the law from being overturned on appeal, despite his
harsh criticism of it, said juvenile justice expert Franklin Zimring from the University of California at
Berkeley.
"That's not the case you'd want to defend before the state Supreme Court," said Zimring, a lawyer
and author of the book "American Youth Violence. The extreme youth of the subject would have
cast a terrible shadow," he said. Defending it would have been "about as tough as it could
be."
The defense said Nathaniel was shooting at trees and that Greene was struck by a bullet that
ricocheted off a tree. The defense also said 11-year-old Nathaniel had the mind of a 6- to 8-year-
old and could not form the intent to commit murder or understand the charges against him.
Prosecutors had sought a combination sentence of juvenile detention until age 21, followed by a
decision on whether to send him to an adult prison.
The judge said he hoped Greene's family would someday see his death as having served as "a
wake-up call for our community and to the nation that our youth are in trouble, and we need to pay
attention."
Prosecutor Lisa Halushka said she was hopeful Moore was right about Nathaniel, "and eight
years can rehabilitate him."
Gang members list includes noncriminals
Criminal street gangs in Orange County saw their membership dip but still managed to recruit
1,136 new members in 1999, according to a report issued Tuesday by the district attorney. But few
have been charged with, or even suspected of, criminal acts.
Critic of report suspects figures are inflated by law enforcement John McDonald
Orange County Register 5/17/2000
"These new gang members didn't necessarily commit a crime," said District Attorney Tony
Rackauckas. Those Orange County residents classified as gang members are placed in a
statewide gang computer, he said, "based on contact with police or other law enforcement units.
They may have (gang) tattoos or have boasted about being members." Orange County classified
19,521 of its residents as gang members in 1999. In the same year, 2,598 criminal charges were
filed against gang members, according to the report.
Also, 1,530 individuals from Orange County were removed from the state computer's gang
database. Many of those were removed because they were sentenced to long prison terms, said
Rackauckas.
The report showed that 321 gang members were sent to state prison. Of those who went on trial in
1999, more than 90 percent were convicted, Rackauckas said. Others were removed from the
database because there had been no sign of gang associations for five years.
law enforcement and the District Attorney have created a straw man to provide
inflated figures," which are used to support federal grant applications, she said. She
said that she often questions police gang experts, who she said have never read books on the
cultures of ethnic groups that make up most of those designated as gang members in Orange
County.
Prosecutor misconduct report in state hands
State authorities have been given a secret report alleging misconduct by former district attorney's
gang unit prosectors that goes beyond the cases that have been overturned in the last three years
because of prosecutorial wrongdoing.
David Hasemyer, staff writer San Diego UnionTribune pB1 1/17/2000
The report was sent to the state Attorney General's
Office last week by a Superior Court judge to determine whether any of the findings of the report
should be turned over to defense lawyers.
Gary Schons, the senior assistant attorney
general in San Diego, said it could take a week or more to evaluate the contents of the report to
determine the appropriate action. If there appears to be information that legally must be given to
defense lawyers, Schons said it will be turned over.
The interest in Anear's report comes at a time when the District Attorney's
Office is reeling from a number of setbacks for its once highly respected gang prosecution
unit.
Anear is a 19-year prosecutor who once was entrusted with handling the most sensitive
investigations conducted by the District Attorney's Office. In his capacity as a 71/2-year member
of the Special Operations Unit, Anear investigated organized crime, card rooms and big money
waste management.
He found misconduct beyond that
one case, Anear said in a sworn declaration. His monthslong investigation in 1996 provided an
"indication of grave misconduct on the part of members of the district attorney's staff and perhaps
the police department.
Anear's report was submitted as part of Akers' case, but never came up in the proceedings. Akers
won the case in November when a jury awarded her $250,000. The material then was turned over
to Judge William Kennedy and has not been revealed to the public.
Along with never-before
disclosed allegations that an informant in the highly emotional Jones murder case escaped
prosecution for prostitution-related activities, Anear said his investigation showed how the gang
prosecution unit blurred ethical and legal bounds.
While much of the misconduct took place
under the administration of former District Attorney Ed Miller, the fallout was left for current District
Attorney Paul Pfingst to address.
Thompson further criticized the report
because it offered no new information.
"When it boils down to it, what you have is a rehash
of events," he said. "To the degree it provides some historical background -- that is the extent of
the value of the report."
Among his findings were that certain prosecutors and
investigators in the gang unit acted without supervision and employed legally questionable tactics,
that the use of informants was improperly documented, and that informants were given benefits
that were not disclosed.
"I felt that we had only uncovered the tip of the iceberg and that
there was a lot more out there to be found,"; Anear said in a deposition.
He said he shared
his findings with Pfingst and Thompson.
When confronted with the
information that trusted prosecutors were implicated in wrongdoing, Anear said Pfingst and
Thompson did nothing to address the misconduct he had uncovered.
Instead, the
investigation was shut down. Anear was transferred. The report was shelved, and prosecutors
sought to keep its contents a secret.
As he went about the investigation,
Anear said he understood he was free to follow other leads. And it was not long before his
investigation took on a larger focus.
It came in the form of an eight-page letter from a law
enforcement insider written to the attorney defending the man accused of gunning down Willie
Jones, a valedictorian at Lincoln Preparatory High School who was slain in a drive-by shooting in
1994.
In the letter, a copy of which was obtained by the Union-Tribune, questions
were raised about the integrity of prosecutors and investigators, and the use of confidential
informants.
The letter hinted about cover-ups, of a failed secret undercover operation, of
money spread around the community for informants, of prosecutors and investigators who broke
the rules.
Anear concluded much of it was true.
Anear says he then
was abruptly taken off the investigation and reassigned from his respected position to a job in
insurance fraud, a position he termed one of "the dreg assignments in the District Attorney's
Office."
When he asked his boss what provoked his sudden transfer, Anear said he was
told: "I knew too much."
Although the gang unit has been reorganized with new leaders and
new prosecutors, there remains the question of how many cases of prosecutorial misconduct
have not come to light and whether such conduct is continuing.
New allegations, such as
the informant escaping prosecution for prostitution activities, have left some veteran prosecutors
wondering about the extent of the misconduct.
4.12.01 Kenneth Lovett NYPost |
official conditioning by Child Protective Services & medical professionals |
Seeking bipartisan support for legislation
Lieberman, who joined the two congressmen to announce the House bill at a news conference, said he hoped to
win bipartisan support in the Senate for the legislation. "We see no reason why the solution we are proposing
should be any less bipartisan. That is why we are launching a new effort today to reach out to the Bush
administration and to members on both sides of the aisle to work with us to protect our kids," Lieberman said.
He told reporters four senators had supported his bill so far but that he hoped more would join their fight.
The Connecticut senator, who ran as the Democrat's vice presidential candidate last year, released a letter sent to
Bush asking for him to support the legislation. "We are not trying to tell the entertainment industry what to produce.
We know it would be unconstitutional to regulate the content of their products," he wrote in the letter, which was
also signed by Kohl, Israel and Osborne.
The entertainment industry, generous political donors with considerable lobbying clout on Capitol Hill, has roundly
condemned the legislation saying it amounts to censorship and violates free speech rights protected under the
Constitution. The lawmakers also sent a letter to Senate colleagues in which they addressed concerns over
whether the legislation intruded on free speech rights. "This legislation does not in any way intrude on the free
speech rights of producers. It does not give the FTC any authority to regulate content," wrote Lieberman and Kohl
to their Senate colleagues.
ed. San Diego as "berserker" or psychopath central based on Brenda Spencer, the Santee HS Linkin Park killer and, beyond juveniles, Jas. Huberty & Andrew Cunanan, is a consequence of terminal paradise. It is the edge of civilization, facing toward the eye of the Mickey Mouse global culture hurricane of Hollywood & Disneyland where most modern myths come from. 3 hours south of the halcyon is the barbarian border, Tijuana, of the New Roman empire, America. To leave SD, you have to go toward sunset, not sunrise. Daybreak comes from the east; so does dusk. You cannot follow sunrise west from San Diego unless you get wet in a cold deep wide ocean. To go north is to go into even fiercer winds closest to the culture hurricane's eye. To go south is to join the barbarians. Once you come to paradise, death is the only place to progress. Might as well go out with a bang and take some folks with you for company. However strained & contrived the premise, it is well known. Cf. "The Pump House Gang" title article from early anthology by Tom Wolfe re suicidal teens who know, at 15, life is all down hill from their idyllic adolescence catching waves at Bird Rock in La Jolla. |
inducing drug restrained psychosis for sake of population control "Devil dolls" EIR terrorism by children & adolescents' zombie killer-cults In large part, this form of terrorism has been fostered through use of the radical- positivist cult of "information theory," and its spread, especially to the relatively more suggestible children & adolescents, as ever more extreme forms of this pathological influence. Computer-programmed "video games" and the proliferation of that kind of applications via the Internet, have played an increasing part in the spread of this menace. That widespread Wall Street infatuation with the cult of the Black-Scholes formula, which led to the virtual doom, in August-September 1998, of Wall Street's Long Term Capital Management (LTCM) syndicate, illustrates the influence of the same type of mass-insanity spread from influence of the late John von Neumann's cult of the zero-sum game, into the youthful generation of both today's wild-eyed "market players," & today's video-game fanatics. From the standpoint of epistemology, the pathetic mentality exhibited by those "market players," is axiomatically that of the Littleton killers: both kill, en masse, in different ways, but according to the same perverted style in deductive logic. The big difference is, that the market players, also using John von Neumann's game theory, usually kill many more, and much more efficiently, not by the sword or gun, but demographically. It is important to keep one's moral and financial accounting straight in such matters. |
4.11.01 Mike Males Bad Subjects author Kids & Guns How Politicians, Experts & the Press Fabricate Fear of Youth The designated national menace is now the weirdo whiteboy. The day after Santee, California's, school shooting, Supt. Granger Ward suspended shooter Andy Williams' friends "in the best interest of their safety." They were suspended because they allegedly heard the shooter's vague threats but failed to notify authorities. But guaranteeing geek/nerd/outcast safety has never really been an administrative priority. |
Or, according to logic preferred by many luminaries, ALL modern adolescents are violent alienated
weirdoes and therefore to blame. "This isn't the first generation that has been bullied, taunted and
tormented, but this is the first that has resorted to mass homicide as a response," declared
Josephson Institute on Ethics chief Michael Josephson (whose idea of ethics is to stamp all youths
as "serial liars" and "a hole in the moral ozone"). "Kids today shoot people when they're angry and
think nothing of it," railed Judge Judy (whose idea of humanitarianism is to kill heroin users). Self-
flattering generationalist drivel. Numerous school shootings occurred in the 1980s & 1970s. 2
gradeschoolers were murdered and 9 wounded by a 16 year-old girl in 1979, seven Fullerton CA
university students slain by student gunman in 1976, and a 1974 barrage by a rural New York
honor student left 3 dead, 9 wounded. Further back in time, records get too vague to assess. No
matter. "Teenagers today should have no rights at all," fumed Naderite & self-styled
"politically incorrect" Bill Maher (whose idea of adulthood is to berate the mere existence of kids for
interfering with adult pleasures).
|
Prop. 21 challenge rejected, teen suspect pleads
innocent 4.27.01 Seth Hettena AP EL CAJON Williams, 15, pleads innocent to charges from 3.5.01 Santana HS shooting 2 dead 13 wounded. Judge rejects defense's challenge of California law that sent case automatically to adult court. |
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"I thought there was a 50-50 chance that something was going to happen today," said Joanna
Stec, 18yr old LJHS senior who said she went to school to fulfill her work obligation. "I didn't think
there was going to be a bomb, but I felt someone would probably bring a knife or gun. These
situations exist. You should always expect the worst." Some students, like senior Rachel
Gordon, didn't want to give in to rumors by missing school. Many others passed the day relaxing
& sunbathing at Windansea Beach 5 blocks from campus. "I didn't
go to school today because it's a good day not to go," said junior Sabrina Schulman, wearing
a bikini and enjoying a day at the beach with 35 other LJHS students. "If I did go, I would have just
hid in classrooms and not gone to the bathroom all day. The bathroom is where people get
shot." Rumors at the high school touched off fears at neighboring Muirlands Middle School,
where about a third of students were absent yesterday. 75% to 80% of students missed
classes at Serra HS in Tierrasanta yesterday, Principal Leserik Saunders said. He said students'
reasons for staying home ran the gamut from those genuinely concerned to those taking
advantage of the situation.
"I have to believe many families were just being cautious & not taking a chance," he said.
"They don't think anything will happen, but they say, 'Why take the chance.' " Attendance at most
other SD Unified schools appeared normal yesterday, and instruction went on as usual on every
campus, district spokesman David Smollar said. At Santana & Granite Hills, attendance was
off somewhat, with 83% to 84% of students attending classes yesterday. Across the
Grossmont Union district, 9 of 11 district high schools had attendance rates topping 80% or
90% percent. At El Cajon Valley & El Capitan high schools, 30% absent.
"There were a lot of parents calling wondering if the kids were going to be safe," said Nancy
Peterson, principal of El Capitan in Lakeside. 3 deputies, 2 more than most days, were on campus
yesterday because of the anniversary & recent shootings, but the day was very quiet, she
said. Oceanside Unified, which sent letters to parents this week informing them that there would
be extra security because of the Columbine anniversary, had increased absences across the
district. "We're trying to keep parents informed of our safety measures, but it also generated some
concerns," district spokeswoman Cindy Sabato said. Security
patrols were increased on each Oceanside campus, including an additional police officer at
each middle and high school.
Oceanside's King Middle School was hit hardest. 1655 student campus typically has about 80
absences a day, but yesterday, the school had 599 absent students, said front office clerk Susan
Degrafft. "There's been so many rumors," said Degrafft. "Parents were saying, ' heard there's
going to be a shooting' or 'I heard there's going to be a bomb threat.' But personally, with all our
campus supervisors here & 2 Oceanside police officers, I've never felt so safe."
Jamie Horwitz, spokesman for the American Federation of Teachers union, said its members have not requested such a benefit, but the AFT's benefits historically have mirrored those offered by the NEA. Horwitz said the union probably would consider the homicide benefit. While recent high-profile school shootings have focused media attention on school violence, few teachers or staff have been slain on the job over the past decade. According to the National School Safety Center, which keeps statistics on school violence for the federal government, 29 school staff members, teachers, administrators, custodians, nurses, school police officers, have died violently at work since 1992.
Mac
Meda
NEA offers homicide insurance
WASHINGTON High-profile killings of teachers in the past several years have prompted the nation's largest teachers' union to offer a $150,000 benefit for the families of members slain on the job at school. The National Education Association has offered life insurance to members since the 1980s, but the new "unlawful homicide'' benefit was approved only this year. It will be announced to the union's 2.6 million members in a September newsletter. Under the benefit, families of slain teachers, aides and other NEA member employees are eligible to collect three times as much as if the worker were killed accidentally. Randy Martin, who handles risk management for NEA Member Benefits, said the new coverage was not the result of any single incident. "It was just the knowledge that these incidents were occurring,'' Martin said. "I think it's very good that we're doing this,'' said Wayne Johnson, president of the California Teachers Association. "I think that it's sad that we need to do it.''
The benefit is free to NEA members.
7.26.01 AP
Teacher Dave Sanders was among 13 victims of two student gunmen, who killed themselves, in the 1999 Columbine High School shootings in Colorado. Most recently, Lake Worth, Fla., teacher Barry Grunow was shot in the head by a student he had sent home earlier on the last day of school in 2000. The 14-year-old boy convicted in the killing faces 25 years to life in prison in his sentencing, scheduled Thursday. "Obviously one death is one too many, and I don't want to minimize the importance of those, but violent deaths as a whole are a small, small percentage of overall school violence,'' said Ken Trump, an Ohio school safety consultant. He said teachers are much more likely to be assaulted at work. Johnson said school violence has become "sort of a sign of the times.''
"It's a sad reality that there is this random violence in the public schools,'' he said. "I'm glad the NEA is doing it. I hope it won't be used very often, but I'm glad it's there for the families of teachers who will be attacked and killed.'' NEA Member Benefits
National School Safety Ctr National School Safety & Security Services
them," Peters said. "They have been taught to defend themselves." They are skilled in the arts of survival and
know how to use the guns at their disposal, authorities say. "We know there are 6 children in there and guns in the
house. The kids are trained to use the guns," Jarvis said. While the children are said to be well-armed and
proficient with guns, Steele noted that no weapons have been seen.
The children were given food & water during Friday's "long period'' of contact, Powell said. Until Friday, the
remaining children had not talked to anyone. On that day, people the children know visited the house, but the
children stayed in a back room and would not talk to them face-to-face. "They got within the threshold of the house
and were able to communicate with the children orally," said Bryce Powell. "They brought in food & water and
were able to deliver a message from my client to the children which stated, 'I love you. I hope you are okay and
please cooperate with this man, Mr. Powell.'"
5 children left their North Idaho home Saturday evening after 5 day stalemate with sheriff's deputies. The children
were seen being driven past barricades erected by the Bonner County Sheriff's office in a large sport-utility vehicle
at about 6 p.m. Saturday. The children had been speaking to 2 negotiators for several hours Saturday, Sheriff's
Sgt. Rob Rahn said. He identified the two only as family members & close friends of the children.
The children will be placed in state custody. At least 3 people have offered to take in all 6 children so they can stay
together. "I gave my word and would attempt to assure that the children would stay together," Bonner County
Sheriff Phil Jarvis said after the children were reunited. "If I have anything to say about it, they will." Idaho Health
& Welfare Dept spokesman Bill Walker said the children must be thoroughly evaluated before authorities
decide what will happen to them. "We don't know yet if they are all physically or mentally ready to take the next
step,'' he said.
They were taken to a hospital in nearby Sandpoint, where officials said they were in good condition and had no
injuries. "They're in very good shape,'' said Susan Montgomery, director of nursing. She said she didn't know
whether they would be hospitalized overnight.
[ Discrepancy between "very good shape" even after police siege & felony injury to a
child indictment of parent ]
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"Sheriff brings wealth of experience to case": Phil Jarvis has handled other high-profile cases in his long career. At the San Diego Police Dept, the homicide division handles its own press releases and public statements. That meant Jarvis constantly dealt with reporters and television cameras. In addition to homicides & handling media attention, Jarvis is also a SWAT-trained officer, said dept spokesman Bill Robinson, who worked with him for 26 years. "Phil has a lot of experience; when he puts on that Jarvis demeanor, you know he means what he says." |
Most folks know one another here. Neighbor Susan MacLeod, former county commissioner, tried to get McGuckin
to fill out county hardship exemption forms that could have waived all her property taxes. But McGuckin had
deeded the property to a friend in an attempt to get out from under the debt. "I tried to help, but I was too late,"
MacLeod said. The sheriff said he didn't know about the property issue until Thursday. Sheriff's officials say they only received 2 complaints about the dogs in past 7 years. |
|
Bonner County Sheriff Phil Jarvis remembers what a British colleague once told him in assessing U.S. law
enforcement. "He said, `You Americans try to do things too damn fast.' And he was right,'' Jarvis said Sunday. "One
of the things you learn in a job like this is patience is probably the greatest quality you can develop. "You cannot
acquiesce to their artificial deadlines to the point where you allow their 'News at 5' to dictate your timeline &
your tactics,'' he said.'' He took office in January. [ As in patience when foreclosing on a widow's home who's lived there long before yourself ? ]
Jarvis' patience, developed during more than three decades as a police officer in San Diego, CA. "As a SWAT
commander in San Diego, I found out violence is the end result of moving too rapidly,'' he said.
The sheriff and former captain, coaxed back to police work 10 years after his retirement, is credited with setting the
low-key, nonconfrontational tone that led to the McGuckin children being taken safely into protective custody, five
days after their mother was arrested on a felony child neglect charge. Jarvis, 64, and his wife, Patricia, moved to
the Lake Pend Oreille area in 1993 to retire. But local law enforcement officers persuaded him to help bring a new
level of professionalism to the sheriff's office.
The impasse at Garfield Bay ended peacefully on Saturday. | |
Officers are particularly worried about a teen-age boy who has taken a leadership role in the standoff. Officers on
Wed. said a 15 year old boy had taken a leadership role. "It's not worth a confrontation with a 15-year-old who
believes he is protecting his family," Jarvis said. "We are trying to talk him down." Taken into custody overnight
after he went to a neighbor, authorities said Friday. Eldest son Benjamin McGuckin, 15, who initiated the
stalemate, went to a neighbors house late Thursday and accepted the neighbors offer to drive him to a meeting
with authorities, Bonner County Prosecutor Phil Robinson said. He spent 2 nights in the woods before contacting a
neighbor and meeting with a sheriff's deputy, a social worker and 2 doctors, a pediatrician and a family practitioner.
Benjamin apparently had been outside for some time, perhaps since Tuesday, before turning himself in, Robinson
said. "He never went back inside the house," said Sgt. Rob Rahn of the Bonner County Sheriff's Office.
Although there was some indication that he was suffering from malnutrition, the boy did not need to be hospitalized
and was in the custody of the state Department of Health and Welfare, Robinson said. Robinson said he believed
the boy was staying at a juvenile facility in Sandpoint pending more long- term arrangements. A boy who appeared
to be a teen-ager was seen in a vehicle crossing the officers' barricade in the company of sheriff's deputies Friday
afternoon. A Bonner County sheriff's sergeant declined to identify the boy. A Verizon telephone truck also entered
the property. Sources said the crew was called in to string a telephone line to the house.
Inside the house are Kathryn, 16; Mary, 13; James, 11; Frederick, 9; and Jane, 8. The children,who have been
home- schooled, have been caring for themselves for the past year, and for months have lived on soup made of
lake water and lily pads, Jarvis said. Earlier this month, the children were reported to be staying in tents, sick and
on the verge of starvation, according to Prosecutor Robinson. JoAnn McGuckin is accused of putting her
children in a "circumstance that could cause great bodily harm or death," according to court records. The children
were put at risk because their living conditions included malnutrition, unsanitary living conditions and a lack of heat,
prosecutors allege. An older McGuckin sister, Erina, 19, was honorably discharged from the U.S. Navy in April for
medical reasons because of stress fractures brought on by malnutrition, Wallace said. The fractures also are
mentioned in the court file, which also includes the prosecutor's allegation that JoAnn McGuckin spent most of the
family's money on alcohol. Prosecutors say the children's endangerment continued through at least all of 2000 and
into April of this year.
The kids' ages were obtained Thursday from county records. The threat of escalating the stalemate still exists, said
Bryce Powell, the court-appointed attorney for McGuckin in the criminal case. "The situation involving the children
is very volatile and I've spoken with the sheriff and advised him of the possibility of bloodshed if it's not handled
properly," Powell said.
"Once, when the power was shut off, Health and Welfare made them turn the power back on," said
Virginia Campbell, a neighbor. One neighbor, Sagle Elementary School Principal Don Moore, said he heard that
someone at the Idaho Department of Health and Welfare tried to get involved years ago, but that they may not
have had the grounds to ask for the children's removal. Neighbors don't blame the Health and Welfare Department
for what's happening in Sagle. The state Department of Health and Welfare said Friday that it has found a family
willing to take all six children. Spokesman Bill Walker would not say where that family lives.
At last week's funeral, the children, who law enforcement officials were told wouldn't talk to anyone, gathered
around the Rev. Timothy O'Donovan, the former pastor at St. Joseph's Catholic Church. "They fell at his feet and
talked with him and talked and talked," said Coffelt, coroner and funeral director. O'Donovan was at the house
Wednesday with Erina McGuckin, the oldest sister.
Local storekeeper Schoopman said JoAnn McGuckin came in one time and told her that the
children had lost their dog, and she was looking to replace it.
Deputies returned to the home to get the children and put them in the state custody, but one of the boys ran to the
house and yelled, "'Get the guns,'" the sheriff said. He said the children then let the dogs out of the basement.
Deputies had to shoot at the dogs in self-defense, and they scattered in the woods. They hunt. They pack like wild
animals," Jarvis said. "They took down a moose a little while ago." The dogs had previously attacked a neighbor
and a sheriff's deputy who went to her aid, he said. The family is "absolutely stone broke" and owns 27 dogs, which
have been running free and hunting as a pack in the area, Jarvis said. The family gradually collected more &
more dogs, which roamed the rural area as a pack, hunting wild game and sometimes attacking domestic animals
and people.
The McGuckins started blocking their driveway by parking a pickup with a snowplow blade cross-ways on the road.
They also placed a sign there that reads: "PLEASE HONK DOGS BITE." Neighbors stopped walking by the house.
"If my wife ever ran up there, I would go with a big stick or a baseball bat," said Sagle Elementary School Principal
Don Moore. "Once I had to get off my bike, hold my bike in between me and the dogs." One mother wouldn't let her
daughter walk that way to catch the school bus. "It's really scary living here," one neighbor said. "It's been scary for
5 years." One neighbor moved after his dog was attacked and killed by the McGuckins' dogs. He feared one of his
own five children might be next. A farmer down the road lost a calf.
Sheriff's officials say they only received 2 complaints about the dogs in past 7 years. And state wildlife officials say
they've never had a complaint, even though neighbors knew the dogs had attacked moose & other animals.
People living near the McGuckin's 40-acre home site blame the Bonner County Sheriff's Office for not ridding the
area of the vicious animals, which number more than two dozen. Former neighbor Ronald Campbell filed a written
complaint with the Sheriff's Office about 4 years ago, after his dog was killed by the McGuckins' dogs.
"They talked with him about it, but essentially said there was nothing they could do," said Virginia Campbell,
Ronald's mother, whose other son, Roger, still lives in the area. Ronald Campbell moved away because he feared
for the safety of his 5 children, she said. According to Bonner County sheriff's clerks, there have been five
complaints registered at the McGuckins' address in the past seven years. Only two of those involved the dogs.
So why did the dog situation escalate to the point that the McGuckins' neighbor Stephanie Almy was attacked last
week? "Beats me," former Sheriff Chip Roos said Friday. "If people don't have a complaint against a number of
dogs running as a pack, there's not much we can do." Roos, who stepped down as sheriff last year, said as soon
as his office was alerted to a dog complaint, his officers investigated. "Essentially, with all the dogs running at large,
best-case scenario is you can cite the person on the spot," Roos said. "In the worst conditions you don't see
nothing or you don't have a neighbor willing to sign. With that, you send it to the prosecutor and see if the
prosecutor is interested enough to go for a probable cause warrant."
A deputy blocked the road on Wednesday and would not let reporters up to the house. Deputies allowed Steele to
drive to the house Thursday with a family friend, but the dogs prevented them from exiting the vehicle. Garfield Bay
Cut Off Road to the McGuckin home is blocked on either end by police tape. The home lacks power, water and
heat. The power to the remote home was cut off about 5 years ago, which is when neighbors started calling
authorities to voice their concerns for the children, Robinson said. Before the McGuckins shut off their phone and
took down their mailbox five years ago, JoAnn McGuckin spoke to neighbors and friends about her fears of people
coming to harm the family.
"Once, when the power was shut off, Health and Welfare made them turn the power back on," said Virginia
Campbell, a neighbor." And then they still didn't pay their bill, and it was shut off again." That was as many as 5
years ago. For the last 5 years, the family stayed isolated, their fears building as they struggled to hold onto their
40-acre property, with its one-story ranch house, outbuildings and lake front on Beaver Lake. "Up until last fall,
they'd come in every 2 weeks to get salvage bakery & dairy goods," Wallace said. The change coincides
roughly with the time acquaintances say Michael McGuckin's disease entered its final stage and the family lost
ownership of its home. "I know that they had lost their property because of the taxes," Wallace said. "Evidently,
there's some real sourness with the govt, and then the paranoia comes in." The sheriff said he didn't know
about the property issue until Thursday.
Eldest daughter, Erina, now 19, virtually raised the younger children until she had a falling out with her
parents and left about a year ago to live in Rathdrum about 50 miles south of Sandpoint, Day said. She has been
assisting sheriff's officers in negotiating with her siblings, one of the department's key negotiators in getting the
children out. She's not having much luck. She couldn't get into the Navy because of stress fractures caused by
malnutrition, authorities say. She was honorably discharged from the U.S. Navy in April for stress fractures due to
malnutrition, Wallace said. The fractures also are mentioned in the court file. The children "are angry at her," said
Joan Woller, a Bonner County food center employee who visited regularly with Erina McGuckin, "because she left,
and everything was put on the other kids." Erina McGuckin left home to join the Navy, Woller said, because she
stopped believing her mother's anti-govt dogma. "She finally realized those helicopters weren't out to get
her. She finally realized there was more to life," Woller said.
The incident was triggered by Tuesday's arrest of the children's mother, Joann McGuckin, on a warrant
charging felony injury to a child. Jarvis declined to elaborate on the charge. Deputies lured McGuckin from the
house Tuesday with grocery money. She was taken into custody after going to a store with a deputy who had
brought the cash. Tilson brought her some money Tuesday and gave her a ride to Garfield Bay to make a phone
call. McGuckin was arrested at Garfield Bay Resort to avoid frightening the children into a confrontation. She
complained of chest pains during her arrest and was taken to Bonner General Hospital, then to the county jail.
Deputies returned to the home to get the children and put them in the state custody. When the mother went down
the driveway, the children would spread out in the brush and stand watch, he said. Yet people who know the kids
say they're friendly & intelligent. "They're beautiful, loving children," Woller said. One source, who spoke only on
condition of anonymity, said the children were not allowed to enter their house without permission from their
mother. Others said they were never allowed to leave the property or talk to strangers.
Mother JoAnn McGuckin delivered her husband's body to the coroner in the back of the family Suburban.
The family had a small graveside service Friday, and the burial was paid by the county indigent fund, Coffelt said.
Jarvis had considered arresting McGuckin following the service, but rejected that plan as too distasteful. JoAnn
McGuckin is accused of putting her children in a "circumstance that could cause great bodily harm or death,"
according to court records, put at risk because their living conditions included malnutrition, unsanitary living
conditions and a lack of heat, prosecutors allege. Prosecutors say the children's endangerment continued through
at least all of 2000 and into April of this year. Older McGuckin sister, Erina, 19, was honorably discharged from the
U.S. Navy in April for medical reasons because of stress fractures brought on by malnutrition, Wallace said. The
fractures also are mentioned in the court file, which also includes the prosecutor's allegation that JoAnn McGuckin
spent most of the family's money on alcohol.
A county judge set bail at $100,000 for JoAnn McGuckin on Wed. McGuckin appeared on a video feed from jail
during her court hearing Wednesday, The Spokesman-Review of Spokane, Wash., reported. The Bonner County
Sheriff's Department denied a request by The Spokesman-Review to conduct a jailhouse interview with JoAnn
McGuckin. Asked if she wanted a court-appointed attorney, she said she had options, but "at this time it would be
prudent to be conservative, and please appoint an attorney." JoAnn McGuckin, 45 , pleaded innocent Wednesday
to felony child endangerment and is in Bonner County Jail. Powell has asked for a hearing to reduce that bond.
The hearing was scheduled for Thursday, but postponed, tentatively has been set for 4 p.m. 6.1.01 in Bonner
County. A preliminary hearing is set for June 13.
Prosecutor Phil Robinson said she had been spending the family's meager resources on alcohol. McGuckin
brought the tragedy upon herself, Robinson said. She refused govt help incl food stamps, Medicare and tax relief
because her deep distrust of the system prevented her from signing govt forms or accepting help. For example,
her dead husband could not be buried for two weeks because she wouldn't complete the county's indigent forms.
Larry Coles, who lives in the area, said. "You don't get anything from the govt unless they take something from
you." "We didn't file criminal charges against her because she was poor," Robinson said. Instead, charges were
filed "when it became obvious to us that they were living in grossly substandard conditions because she chose
to."
Sandpoint ¹ ² ³ lawyer Edgar Steele met with McGuckin on Wednesday and
said he would demand that her bail be
reduced. He also said he had gone to the house Thursday to try to talk with the children, but failed. Steele said he
would be one of McGuckin's attorneys and represent the children's interests. Regarding Steele's involvement in the
matter, Bonner County Commissioner Tom Suttmeier welcomed any effort to help the children. "This is not the
home of the Aryan Nations," Suttmeier said. "Anyone who can assist the sheriff in a successful conclusion to the
incident ... their help would be appreciated."
Not many of the residents had seen the McGuckins as the family drew into itself. Rusty Schoopman, 68, who ran
C&R Grocery at Garfield Bay, was an exception. "I've seen her in town, driving her old car, maybe twice" in the past
5 years, Schoopman said. Before that, JoAnn McGuckin would come to the Schoopman store. "She would buy
bread and milk," Schoopman said. "Toward the end, she was buying wine." Schoopman said she gave candy to the
kids, and JoAnn McGuckin never objected. Schoopman's husband said he stopped handing out candy after the
children's father complained. "She never said a word to me," Schoopman said. Schoopman said JoAnn McGuckin
came in one time and told her that the children had lost their dog, and she was looking to replace it.
Before the McGuckins shut off their phone and took down their mailbox five years ago, JoAnn McGuckin spoke to
neighbors & friends about her fears of people coming to harm the family. When the mother went down the
driveway, the children would spread out in the brush and stand watch, he said. Yet people who know the kids say
they're friendly & intelligent. "They're beautiful, loving children," Woller said. Neighbors tried to help the family but
couldn't get close to the one-story farmhouse. "Everybody's afraid of the dogs," Paulsen said. "Nobody approached
them because it was known that they would be met with a gun." "We live the closest to them of anyone," Campbell
said. "You can't get in there, even when the police come out, they have their guns. JoAnn would use guns."
Parishioners tried to help, too. "People would reach out, try and help them, and they would rebuffed...sometimes
threatened," Day said. "One lady was told if she ever came back, she'd be met with a shotgun. At that point, I tell
them, 'Leave it alone."' The McGuckin family is shown in this copy of a 1990 photograph included in the St.
Joseph's Catholic Church directory in Sandpoint. Deputies, who have been working on the case for some time,
developed a plan to take some money to JoAnn McGuckin, thinking she might leave the house to get groceries. A
deputy delivered the cash Tuesday. McGuckin went with him to a store and was taken into custody shortly after
that. Once a week, JoAnn McGuckin came to the food center for bread. Beyond the bread, the family got an
emergency food box every 3 months, said Joan Woller, a food center employee. "They certainly don't last for three
months," Woller said of the boxes. Through the food center, Woller & Wallace got to know most of the
McGuckin family. Wallace said she hadn't seen JoAnn McGuckin for months. Wallace has known JoAnn McGuckin
for years and said she has noticed a deterioration in the woman's behavior. In recent weeks, the family stopped
coming for food pickups. "Up until last fall, they'd come in every 2 weeks to get salvage bakery and dairy goods,"
Wallace said. "She couldn't afford the gas to come in," Wallace said. "So she would have someone pick up the stuff
she needed."
The change coincides roughly with the time acquaintances say Michael McGuckin's disease entered its final stage
and the family lost ownership of its home. The family home was sold at auction last year to satisfy unpaid back
taxes, but the McGuckins stayed on under arrangements that remain unclear, officials said. JoAnn McGuckin
offered to deed a smaller piece of property to the county to cover the debts, but that didn't stop the county from
selling her property last fall. "Why did Bonner County choose to deed to the county 40 acres with a quarter mile of
private lake frontage to pay off $5,487 worth of taxes?" McGuckin asked, in a April 2000 letter to the county
treasurer's office. The sheriff said he didn't know about the property issue until Thursday. "For years, Mrs.
McGuckin has been fearful of the govt taking her property and her kids," Steele said. "Today, that fear is
realized."
Michael Criss McGuckin, 61, passed away near Sagle, Idaho on May 12, 2001. Graveside funeral services will be
conducted in Pinecrest Memorial Park 1pm on Friday, May 25, 2001. Rev. Dennis C. Day, St. Joseph's
Catholic Church, will officiate.
Rev. Dennis Day, who officiated at the father's funeral, said the family rebuffed help and seemed beset with anti-
govt paranoia, Day said. "Everybody saw this coming. They were dirt poor. The kids didn't have the right things to
eat," he said. "They really alienated themselves from the world." The family refused offers of help from neighbors,
social service agencies and their church. The family is "absolutely stone broke" and owns 27 dogs, which have
been running free and hunting as a pack in the area, Jarvis said. The kids used to visit the C & R Grocery in
Garfield Bay, where Lloyd Wyatt goes every day for coffee. "The kids were always raggedy and barefoot," he said.
"The guy at the store gave the kids treats because they looked so poor. "The father came to the store and told him,
'Don't give my children anything,' " Wyatt said.
Pediatrician Joyce Gilbert & general practitioner Tom Lawrence examined Benjamin and found him to be
malnourished, Robinson said. Lawrence is the trusted family physician, although JoAnn McGuckin hasn't visited
him in 8 years. "We called him in. The kids trust Dr. Lawrence," Robinson said. "Some have never seen him but
they've been taught to trust him." Social workers suggested that Benjamin stay in the hospital overnight, but "he
was very resistant. Very apprehensive," Robinson said.
A family friend said he was angry that the news described Benjamin as reading survivalist magazines and being
fascinated with guns. "The closest thing to a survivalist magazine was Zane Grey," the friend said. Benjamin only
cleaned the guns that were in the house, he said. Rahn said the boy confirmed that there are weapons in the house
and that the children know how to use them. He was not armed when taken into custody.
"We're prohibited from discussing any history with this family," Walker said. But he did say the department will help
place the children when they are taken into state custody. "We want to be ready as soon as the sheriff is able to get
the children safely out of that home," Walker said. If a neighbor complains of neglect or abuse, Health & Welfare workers will go to the
house and conduct an interview. If the problems are not life-threatening, if the children are dirty, lacking clothing or
perhaps not eating enough, the department will offer the family assistance. "But at that point, it is the family's
decision whether or not to accept the help we offer," Walker said. "We cannot require them to do anything."
If there are more serious concerns, like physical or sexual abuse or neglect, the department decides whether the
children are in immediate danger. If there's no immediate danger but allegations of abuse or neglect, social workers
are required to notify law enforcement within 24 hours, Walker said. If social workers determine that children are in
immediate danger, they make a recommendation to law enforcement that children be removed from the home.
Then it's up to law enforcement to act. If officers decide not to remove the children, Health and Welfare can appeal
to a judge to order that the children be removed from the home.
They talked to the children through a loudspeaker and heard a small female voice respond. They couldn't quite
make out the words, Jarvis said. Then the helicopter rented by KREM-TV flew over the house. "He (O'Donovan)
never even had a chance to talk because of the helicopter," Jarvis said. Jarvis said he feared the helicopter would
just make the children more paranoid. The children already were trained never to leave the house or speak to
anyone, Jarvis said. When the mother went down the driveway, the children would spread out in the brush and
stand watch, he said. Yet people who know the kids say they're friendly & intelligent.
"They're beautiful, loving children," Woller said. "They all give the hardest hugs I've ever felt in my life. They're
sweet, innocent kids who have been told the wrong things," Woller said. "Everybody's against them. It's like Big
Brother." Those who know the family say the children were told by their mother that the outside world was out to
get them. Steele said the high bond is keeping McGuckin from providing care for her children. "Friends and family
stand ready to accept responsibility for the children while Mrs. McGuckin puts her life in order," Steele said.
Also on Thursday, the situation at the home did not appear as dire as was reported initially. Authorities first said the
children were on the verge of starvation. However, the family had a delivery of food from the local food bank this
week. Sheriff Phil Jarvis initially said the children had been subsisting on lake water and lily pads. But Alice
Wallace, Bonner Community Food Ctr pgm dir. in Sandpoint, said a friend picked up a 200 lb box of food for the
family last Friday. In addition, she said, the friend has been delivering 50 lb boxes of bread & other perishables
every 2 weeks.
Garfield Bay resident Lloyd Wyatt, 84, said the children were sometimes seen around town dressed in ragged
clothing. The kids used to visit the C & R Grocery in Garfield Bay, where Lloyd Wyatt goes every day for coffee.
"The kids were always raggedy and barefoot," he said. "The guy at the store gave the kids treats because they
looked so poor". Christi Paulsen said her son Gunnar, 11, used to play with the McGuckin kids. The families had a
falling out about 5 years ago when a dog attacked Gunnar, who was 6 at the time. That was last Paulsen saw of a
family she described as "a wonderful, affectionate family. They were just like any other family. The parents' lives
were devoted to their kids."
Media The children remained inside their home, which lacks power and running water, with several
firearms and a pack of as many as 30 vicious dogs.
Christi Paulsen said her son Gunnar, 11, used to play with the McGuckin kids. The families had a falling out about
5 years ago when a dog attacked Gunnar, who was 6 at the time. "I was running after the dog that was running
after my son," Paulsen said. "Another dog chased me down." She said she was bitten by that dog. That was last
Paulsen saw of a family she described as "a wonderful, affectionate family. Neighbors tried to help the family but
couldn't get close to the one-story farmhouse. "Everybody's afraid of the dogs," Paulsen said.
Last week, Stephanie Almy, in her 20's, was attacked by the dogs as she walked her own dog past the house. Two
deputies were at the house making a welfare check and saved her. Almy escaped with a laceration requiring 17
stitches. "These people have been terrorizing the neighborhood for years," said Almy's husband, Bob Almy. After
that dog attack, JoAnn McGuckin retreated into the house and refused to come out. Deputies allowed Steele to
drive to the house Thursday with a family friend, but the dogs prevented them from exiting the vehicle.
Officials at the Panhandle Animal Shelter said animal control officers have never brought any of the dogs to their
shelter. Idaho Department of Fish & Game officers have jurisdiction if dogs attack game animals, said regional
conservation officer Steve Agte. Earlier this week, reports surfaced that the dogs had recently killed a small moose.
"We were totally shocked" by the reports, Agte said. "They've got to tell us before we know it," he said. If officers
actually see the dogs chasing game animals, state law allows them to shoot the dogs, Agte said. Meanwhile,
dozens of residents from around the region have offered to help care for the McGuckins' dogs. Rick Lopes of the
Kootenai Humane Society said killing the dogs would be a mistake, considering all the help that is available and the
trauma the McGuckin children have suffered.
"We are a breed of people who say, 'This is our home & we are entitled to protect it,'" Wyatt said. He
said he wasn't surprised they were holed up in the house. The house, in dense woods on a loop of dirt road, is
beyond sight of roadblocks manned by deputies. Forest is intermingled with pasture, and the road is mostly
hemmed by dense trees. The home is located about a mile from the Lake Pend Oreille community of Garfield Bay,
down a dirt road just past a county dump. Garfield Bay is about 10 miles south of Sandpoint in north Idaho. The
nearest town, Sagle, populated by about 300 people, isn't a
mile long. It has a gas station, grocery store, restaurant
and marina. A vast green lawn greets visitors to a gleaming white bed-and-breakfast. Next door is a 2 story
neighborhood grocery. Most of the year, it's a quiet home to retirees, but it comes alive in the summer as anglers
launch their boats from the inlet.
Most folks know one another here. It's the kind of place where the neighbors mow each other's lawn when
someone is away. "People move up here to get away from the concrete jungle," said Mary Thompson, of the
Captain's Table, the restaurant she's owned in Sagle for three years, since moving from California.
The family has no heat and cooks over a campfire in the yard. The family also may not have potable water. The
family supplemented its diet with lake water and "lily pad soup," Jarvis said. Also on Thursday, the situation at the
home did not appear as dire as was reported initially. Authorities first said the children were on the verge of
starvation. However, the family had a delivery of food from the local food bank this week. The home has had power
for some time, according to Northern Lights utility, but it has been lacking water because of a broken water pump.
The family has been drawing water from Beaver Lake, a small lake near the family's home. Phone service may
soon be established to the house, so negotiators won't have to use a loudspeaker, said Sgt. Rob Rahn, the media
liaison for the Sheriff's Department.
They transferred ownership of the property to a friend, who failed to pay the taxes. JoAnn McGuckin offered to
deed a smaller piece of property to the county to cover the debts, but that didn't stop the county from selling her
property. Neighbor Susan MacLeod, a former county commissioner, tried to get McGuckin to fill out county
hardship exemption forms that could have waived all her property taxes. But McGuckin had deeded the property to
a friend in an attempt to get out from under the debt. "I tried to help, but I was too late," MacLeod said.
Last fall, Bonner County sold the 40 acre property in Garfield Bay at auction to pay back taxes, according
to county records. The McGuckins owed $8,400 for 3 years of unpaid taxes. "Why did Bonner County choose to
deed to the county 40 acres with a quarter mile of private lake frontage to pay off $5,487 worth of taxes?"
McGuckin asked, in a April 2000 letter to the county treasurer's office. The property was sold 9.1.01 to Schmuel
¹
²
& Amy Korengut ¹
²
³
ª
º, whose hometown is unknown, for $53,000, county records show.
When the house was sold by the govt last year, public records show that workers in the county treasurer's office
warned each other about JoAnn McGuckin's verbal assaults. They would alert courthouse guards when she
entered.
The McGuckin property is described as a 1½ acre parcel at the county assessor's office, but Steele contends the property is
40 acres. The McGuckin family deeded the land to a third party in the mid-1990s, but the county took over the
property because that person defaulted on back property taxes. No taxes on the property had been paid from 1995
to 1999, so the county sold the land at auction in September, according to Belinda Best, a county deputy treasurer.
The parcel, which had appraised value of $8,461, was sold to Schmuel & Amy Korengut for $7,361, Best said.
But Steele contends the McGuckin property fetched $50,000, which he said was still too low because the land is
bordered by Beaver Lake.
The McGuckins stayed on under arrangements that remain unclear, officials said. Steele suggested that the events
over the past week are related to the govt's attempts to get the McGuckins off the property. They still own a
triangular sliver of property off Garfield Bay Cut Off Road, behind which are private forests, small lakes, National
Forest and Lake Pend Oreille. The sheriff said he didn't know about the property issue until Thursday. "For years,
Mrs. McGuckin has been fearful of the govt taking her property and her kids," Steele said. "Today, that fear is
realized."
Following their father's funeral services, "the children fell at his feet and talked with him and talked and talked," said
coroner & funeral director Coffelt, of Rev. Timothy O'Donovan, former pastor at St. Joseph's Catholic Church.
O'Donovan was at the house Wednesday with the oldest sister Erina . They talked to the children through a
loudspeaker and heard a small female voice respond. They couldn't quite make out the words, Jarvis said. Then
the helicopter rented by KREM-TV flew over the house. Wallace, who has been in contact with Erina McGuckin
during the past week, said the eldest child felt the situation had reached a crisis stage and asked authorities to act.
Erina does not want to speak to the media, Wallace said. "Erina felt something needed to be done," Wallace said.
"We'd all talked about it and felt that it had gone as far as it should and the kids really needed some help."
"For years, Mrs. McGuckin has been fearful of the govt taking her property and her kids," Steele said. "Today, that
fear is realized." Those who know the family say the children were told by their mother that the outside world was
out to get them. The six children holed up Thursday in a ramshackle house were raised to fear govt, a feeling
reinforced by this week's arrest of their mother and the September sale of their home for delinquent taxes.
Authorities believe McGuckin, 46, is mentally ill. Her husband, Michael McGuckin, died 3 weeks ago. JoAnn
McGuckin said her husband, whose illness she blamed on chemicals sprayed on area roads, had been poisoned
and that the govt was going to take her children, according to acquaintances who spoke to The Associated
Press.
[ MS is an auto-immune disease; the immune system targets only the central nervous system.
It is generally genetic, but can be caused or aggravated by chemicals & toxins. ]
Bail-reduction hearing scheduled Friday afternoon was postponed when JoAnn McGuckin's court-appointed
attorney, Bryce Powell, failed to appear. A bail reduction hearing for the mother was postponed Friday after a storm
knocked out power to the court. County Magistrate Debra Heise said Powell's office would not even
disclose his whereabouts. Bryce Powell, JoAnn McGuckin's court-appointed attorney, met with reporters briefly
Friday evening and said negotiations with the children went well. He did not say whether Benjamin McGuckin or
JoAnn McGuckin, 45, was involved in those talks. Although it appeared the boy & his mother accompanied
Powell to the home late Friday, Powell would not confirm that. Following Powell's vehicle was a police squad car
with a young man crouched in the back seat hiding from television cameras. Behind the squad car was a third
vehicle, whose passenger, a woman with long, red hair, shielded her face with a piece of paper. "Now they know
their mother is alive," Powell told the media waiting at the police blockade. Sheriff Phil Jarvis said Friday's visitors
to the McGuckin home were not the brother nor the mother, but he declined to identify them, saying, "I don't want
them bugged." The children's mother, who remains in jail on $100,000 bond on a charge of felonious injury to
children, was "not cooperative" and would not be taken to the home to talk to the children, Rahn said.
The threat of escalating the stalemate still exists, said Bryce Powell, the court-appointed attorney for McGuckin in
the criminal case. Steele & Powell said she did not seem mentally disturbed in their conversations with her.
Robinson did not allow Steele to meet with Benjamin on Friday. "The govt first took their property. Then it took their
mother. So the McGuckin kids have a right to distrust authorities, said Edgar Steele, an attorney claiming to
represent the children. "The real crime these people have perpetuated is that they are poor," said Steele, a former
attorney for the white supremacist Aryan Nations. The sheriff said he didn't know about the property issue until
Thursday.
Steele announced Saturday he was voluntarily withdrawing from the case because he had been cut off from all
access to Mrs. McGuckin by the Bonner county sheriff. The lawyer called that action "outrageous" and said he "had
not abandoned the McGuckins" and would provide free legal services to the family if any member personally asked
him for help. Steele said he had been representing Mrs. McGuckin on civil issues, pending the criminal charge
against her. Steele represented Richard Butler in the September civil trial that bankrupted the Aryan Nations.
Steele said friends of the McGuckin family who have "a general distrust of govt and lawyers in particular" asked him
to help McGuckins. Steele said the high bond is keeping McGuckin from providing care for her children. "Friends
and family stand ready to accept responsibility for the children while Mrs. McGuckin puts her life in order," Steele
said.
JoAnn McGuckin, 46, became convinced her husband's illness was caused by chemicals, and that the govt
was planning to take the children and their home, Peters said. Some of JoAnn's problems come from the stress of
her husband being so sick for years, and her responsibility for 7 children," Wallace said. Neighbors, friends and
family started to lose touch with the McGuckins about 5 years ago. The family started isolating itself more and
more, even from relatives. JoAnn McGuckin's sister, Jan Kice, lived in Sandpoint. Kice, wife of Sandpoint's former
police chief, declined to be interviewed Wednesday. But Bill Kice did say that they hadn't had any contact with the
McGuckins for years.
Neighbors and friends say JoAnn McGuckin cut off contact with neighbors and society about 5 years ago.
"The only time I met JoAnn was when I first came here, 5 years ago," said the Rev. Dennis Day of St. Joseph's
Catholic Church in Sandpoint. "We had a little confrontation." McGuckin wanted to take the Eucharist, but Day
didn't know her because he was new. "I asked to see her after Mass," Day said. "She said, `No Father, I will never
set foot in this church again.' "She never did. There was this collar of paranoia that settled over them," Day said.
"They get crazy after a while. After isolation, they lose touch with reality."
[ As with the calumny "only lily pad soup to eat", first attributed to Sheriff Jarvis, there are any
number of falsehoods echoed in these news reports. It is a mystery how JoAnn McGuckin "took down her mailbox"
when a mailbox with her address was a frequent closeup in television news coverage. ]
Last week, Stephanie Almy, in her 20's, was attacked by the dogs as she walked her own dog past the house. Two
deputies were at the house making a welfare check and saved her. Almy escaped with a laceration requiring 17
stitches. "These people have been terrorizing the neighborhood for years," said Almy's husband, Bob Almy. After
that dog attack, JoAnn McGuckin retreated into the house and refused to come out.
He was bedridden from multiple sclerosis. County Coroner Dale Coffelt listed the cause of death as dehydration
& malnutrition, with multiple sclerosis listed as a contributing factor he had suffered for the past seven years.
JoAnn McGuckin said her husband had been poisoned. She delivered her husband's body to the coroner in the
back of the family Suburban. The family had a small graveside service Friday, and the burial was paid by the
county indigent fund, Coffelt said.
McGuckin used to own Idaho Hardwoods, a sawmill, but lost it some years ago, according to a neighbor. After that,
he worked odd jobs. The family fell on hard times in the mid 1980s, when they filed for bankruptcy and lost some
property through foreclosure. The change
coincides roughly with the time acquaintances say Michael McGuckin's disease entered its final stage and the
family lost ownership of its home.
Mary Peters of Garfield Bay said the McGuckins were a fine family before Michael became ill with multiple
sclerosis. She said the children used to be in 4-H and he would drive everybody to meetings. His illness took a
mental toll on JoAnn, and the parents cut themselves off from society. For the last five years, the family stayed
isolated, their fears building as they struggled to hold onto their 40-acre property, with its one-story ranch house,
outbuildings and lake front on Beaver Lake. They transferred ownership of the property to a friend, who failed to
pay the taxes. The family home was sold at auction last year to satisfy unpaid back taxes, but the McGuckins
stayed on under arrangements that remain unclear, officials said.
The state, whose legislature is the most Republican in America, has touted advances in welfare reform that have
seen an 84.2% reduction in caseload over the last 6 years, the second highest in the country. But social
activists complain that the aggressive caseload cutback has left many families without a safety net. The state's
refusal to grant cash assistance to families of disabled people, as the late McGuckin father was when he lost his
sawmill and fell ill with multiple sclerosis, "consigns many of these families to extreme poverty," the Idaho Community Action Network said in a report last year.