Nelles facility ( Whittier ) photo Gina Frazzi, L.A. Times
J U V E N I L E civil rights  
Brenda Spencer 2+9
  Idaho dogpack vs. exSDPD SWAT
 
Powerful mood-altering medications that control depression, schizophrenia and anxiety are used routinely by the California Youth Authority to control rowdy wards. California's youth prison system spent nearly $700,000 last year on psychotropic medications dispensed to wards, sometimes against their will and usually without the knowledge or consent of their parents.
The medications, some of which can cause liver failure, permanent physical disorders and cardiac damage, were prescribed by psychiatrists who are not board certified. Wards on the medications are overseen by Youth Authority staff who have little experience or training to safely monitor the use of such drugs, The Record learned during a four-month investigation. The investigation uncovered many allegations that the Youth Authority, charged with rehabilitating the state's most-troubled youths, sometimes relies on drugs to control wards.
Study finds jump in children taking psychiatric drugs   1.14.03   Erica Goode NY Times   ¹

Number of children & adolescents who take a wide variety of psychiatric drugs more than doubled from 1987 to 1996, researchers are reporting today. Stimulants like Ritalin, prescribed for attention deficit disorder, and antidepressants were the most commonly prescribed drugs, according to the study, which experts said was the most comprehensive on the topic.
Investigators led by Univ. of Maryland pharmacy & medicine assoc. prof. Dr. Julie Magno Zito also found precipitous growth in the use of antipsychotics, so-called mood stabilizers prescribed for mania or aggression, and other classes of potent psychoactive medications.

The study, experts said, further confirms that pediatricians & child psychiatrists are increasingly turning to pharmacology as the treatment of choice for depression, attention disorder, severe anxiety, obsessive disorder, manic depression and other conditions. The effects of the trend, or whether it is good or bad, are unclear, the experts added.
On one hand, the findings reflect the emergence of new treatments, advances that have spilled into the care of severely troubled children. On the other hand, little research exists to indicate whether psychiatric drugs are being responsibly prescribed or whether they are overprescribed, in part because health insurers are reluctant to pay for "talk" therapies & other nonmedication treatments.

FDA specifically approves just a few psychiatric medications for children, despite their widespread use. This month, Prozac was approved to treat depression in children ages 7 to 17. The long-term effects of such drugs, particularly on the brain, are largely unknown. "The studies can't tell you anything at all about the quality of care or the outcomes of those treatments," said Duke Univ. Med. Ctr child & adolescent psychiatry prof. Dr. James March.
"What we know is that mental illness is bad for your life, and an optimist's view would be that treatments, by reducing or ameliorating the symptoms of mental illness, are supporting a more normal developmental trajectory." Yale School of Medicine child psychiatry, pediatrics and psychology prof. Dr. James Leckman said psychiatric drugs were useful but added that animal studies had hinted that some might have lasting effects on the brain when given before puberty.

In the absence of added studies in animals & humans, Dr. Leckman said, "we're doing these experiments more or less with our own children." Dr. Zito & her colleagues found that of the 900,000 children and adolescents they studied, 6.2% took at least one psychiatric drug in 1996, compared with 2.5% in 1987. The participants in the study appearing today in Archives of Pediatrics & Adolescent Medicine were in Medicaid programs in 2 states and in a large health maintenance organization in the Northwest.
In 1996, twice as many boys as girls took psychiatric drugs, the study found. Over the 10 years, the increases in the use of stimulants were greater for girls than boys, especially in the HMO. Boys & girls appeared to be taking the drugs for longer periods than they did a decade before.

In 1987, children ages 5 to 9 were most likely to be taking Ritalin or another stimulant. In 1996, children ages 10 to 19 took the medications most frequently. The use of stimulants and antidepressants was comparable in the Medicaid & HMO groups. That was not the case for other classes of drugs.
Children & adolescents in Medicaid were significantly more likely to be taking antipsychotic drugs & mood stabilizers. Prescribing drugs like clonidine, antihypertensive often prescribed for the insomnia produced by stimulants like Ritalin or Adderall, also increased significantly, esp. among Medicaid patients. Clonidine, Dr. Zito noted, was almost never prescribed in 1987 but ranked among the 5 most popular drugs in 1996.

In an editorial with the study Harvard Med School psychiatry & pediatrics prof. Dr. Michael Jellinek called findings "an imperfect mirror of the scientific, clinical, financial and systems changes that impacted the mental health care of children." The study, Dr. Jellinek said, may reflect new understanding and "thoughtful efforts" to use adult drugs in children "to treat children with serious mental health needs."
He added, "There are some disturbing clinical trends." Dr. Zito said the challenge for researchers was to establish the need for drugs, effective doses, duration of medication, and the risks.
"What we want to do," Dr. Zito said, "is to get the right medicine to the right child at the right time, assuming that behavioral approaches are not sufficient by themselves."


"They use it like candy," said Elnorris Stone, a 25-year-old parolee from Oakland. "Anybody who's considered hyper, who fights a lot, they prescribe it a lot. The medication fixes it." Stone was paroled earlier this month from N.A. Chaderjian Youth Correctional Facility, one of four youth prisons in a CYA complex southeast of Stockton. The Youth Authority houses 7,514 wards ages 12 through 25 in 15 institutions and camps across California.

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:

The Youth Authority's lax rules on when medications are administered surprised one national expert. In Washington state, the use of psychotropic medications on youthful offenders is carefully monitored by staff, especially for side effects, said James Owens, who retired last year as medical director of Washington state's division of youth services. He said staff members should be thoroughly briefed about psychotropic medications and their effects.
"When a kid is put on Haldol, one of the older antipsychotic drugs, the staff was aware of the side effects. They had a chart to show muscle rigidity, facial movements, tongue smacking; they were aware of the signs and could warn (youthful offenders) it might be happening," said Owens, who is a member of the American Academy of Pediatrics and a board member of the National Commission on Correctional Health Care.
More than 77,000 milligrams of Haldol and haloperidol, a generic equivalent drug, were dispensed by CYA pharmacies last year, records show.
New Youth Authority policies and the new computer system will tighten control over psychotropic medications, providing staff the information they need to safely monitor wards, preventing the overuse of medications and requiring psychiatrists to use five-axis diagnosis before prescribing psychotropic drugs, Rivera said.

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% 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.

Drugs can leave lasting damage
Some medications routinely dispensed to young offenders by the California Youth Authority have dangerous side effects, and others are avoided by many psychiatrists, say two doctors with experience in juvenile corrections.
Youth Authority physicians last year prescribed an alphabet soup of psychotropic medications, ranging from amitriptyline (an anti-depressant) to Zyprexa (an anti-psychotic medication to treat schizophrenia), according to records obtained by The Record.
Some of the drugs used have potentially long-lasting side effects, said Louis Kraus and James Owens, who have worked with juvenile offenders in Illinois and Washington.

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:

Some lack credentials to treat CYA youths
Half the psychologists employed by the California Youth Authority are not licensed by the California Medical Board, and only a few Youth Authority psychiatrists specialize in child and adolescent psychiatry - even though their patients may be as young as 12.
The problem with unlicensed CYA psychologists was illustrated last summer during a sex offender's commitment trial in Santa Cruz. Stan Blondek, then employed as a staff psychologist at a youth prison near Stockton, was disqualified from testifying by a judge who termed him an "incompetent witness."

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.

    health care
There are 1.85 million uninsured children in California.
  DO SOMETHING: toolkit
Children's Health Insurance Program (CHIP) free or low-cost health insurance for children of working parents signup. Community guide to assist local groups
Community Health Councils, Inc 323.295.9372 3741 Stocker, Suite 208 Los Angeles, CA 90008 Part of U.S. Dept of Ed Insure Kids Now

Pontiac MI  At 13, Nathaniel Abraham could have been sent away to prison for life as one of the youngest convicted killers in U.S. history. 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.
"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 & other relatives when he entered the courtroom but showed no emotion when the judge passed sentence. "The first 2 words that Nate said to me were, `What happened?'" said defense atty Daniel Bagdade. After the sentence was explained, the boy "just sort of looked down and shrugged his shoulders."
Nathaniel was convicted in Nov. 1999 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 2 days later, his face painted for Halloween, and has been held in a juvenile facility ever since.

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 Intl chose his frightened face to illustrate the cover of a 1998 report condemning America's justice system as too harsh on juveniles.
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."

Mayor Walter Moore urged residents to reach out to the boy and to "recognize this young citizen of Pontiac. We need to in a concerted way make sure we visit him and give him the support that he really needs." The judge may actually have helped save the law from being overturned on appeal, despite his harsh criticism of it, said UC Berkeley juvenile justice expert Franklin Zimring.
"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."

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 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 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."
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 8 years can rehabilitate him."


    gangs  
Gang members list includes noncriminals   Critic of report suspects figures are inflated by law enforcement
5.17.00   John McDonald Orange Cty Register

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.
"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 Cty 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% were convicted, Rackauckas said. Others were removed from the database because there had been no sign of gang associations for 5 years.
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 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 Cty.

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 "3 strikes, you're out" law.


Prosecutor misconduct report in state hands
1.17.00   David Hasemyer San Diego UnionTribune pB1

State authorities have been given a secret report alleging misconduct by former district atty's gang unit prosectors that goes beyond the cases that have been overturned in the last 3 years because of prosecutorial wrongdoing. The report was sent to the state Atty 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.
Senior asst atty general Gary Schons 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.

At the center of the controversy is a report by Deputy Dist. Atty 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.
The interest in Anear's report comes at a time when the Dist. Atty's Office is reeling from a number of setbacks for its once highly respected gang prosecution unit. An appeals court recently overturned the murder convictions of 4 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 & investigators.

Anear is a 19-year prosecutor who once was entrusted with handling the most sensitive investigations conducted by the Dist. Atty's Office. In his capacity as a 7.5 year member of the Special Operations Unit, Anear investigated organized crime, card rooms and big money waste management.
When allegations began to surface 6 years ago that a deputy district atty 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. He found misconduct beyond that one case, Anear said in a sworn declaration. His months long 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.

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 Dist. Atty Laura Akers had filed against the District Atty's Office. Akers alleged she was discriminated against because she became pregnant.
Anear's report was submitted as part of Akers' case, but never came up in the proceedings. Akers won the case in Nov. when a jury awarded her $250,000. The material then was turned over to Judge Wm 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 & legal bounds.

While much of the misconduct took place under the administration of former Dist. Atty Ed Miller, the fallout was left for current Dist. Atty Paul Pfingst to address. Asst Dist. Atty Greg Thompson said 6 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 Dist. Atty Jim Fitzpatrick & 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."
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."

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.
Among his findings were that certain prosecutors & 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. 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.

When confronted with the information that trusted prosecutors were implicated in wrongdoing, Anear said Pfingst & 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.
Anear began his investigation with a limited focus on the conduct of Fitzpatrick & 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.

As he went about the investigation, Anear said he understood he was free to follow other leads. It was not long before his investigation took on a larger focus in the form of an 8 page letter from a law enforcement insider written to the atty defending the man accused of gunning down Willie Jones, 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 & 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 & investigators who broke the rules.

Anear concluded much of it was true. "I told the district atty 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 atty & police employees."
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 Dist. Atty'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 & 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.
    indoctrination
    State takes close look at cult kids in factories
    4.12.01   Kenneth Lovett NYPost
  official conditioning by
  Child Protective Services
& medical professionals
Albany   State labor investigators have visited two of five businesses run by a controversial upstate cult to see if they are illegally forcing children to work. The Post reported Sunday that the Twelve Tribes cult uses unpaid child laborers to churn out its products, including some that were sold in Robert Redford's Sundance catalog. Anticipating Sunday's story, labor investigators made a surprise visit to the Twelve Tribes factory in Coxsackie Friday, a Labor Department source said. And they showed up for a spot inspection earlier this week at a Twelve Tribes site near Buffalo. Labor Department spokeswoman Betsy McCormack wouldn't confirm the visits. "We certainly will be inspecting all five sites, some more than once, depending on what we find," she said. "We're anxious to find out if all these allegations are true." McCormack said the state investigation could be made more difficult and take longer because Twelve Tribe members are expecting the inspectors.

State law restricts the number of hours minors can work. Kids under 18 cannot operate machinery. Kids under 16 cannot work on a factory floor. Twelve Tribes says it considers its businesses to be family-owned cottage industries where the children help their parents - not sweatshops. The group is led by Elbert Eugene Spriggs, whose racist teachings and strict child-discipline policy has brought the group considerable controversy. Members live communally, supporting themselves by making candles, soap, furniture and other products. Al Jayne, an elder with the group, confirmed a state visit to the Buffalo-area commune, the Buffalo News reported yesterday. He said inspectors asked questions about the group's iron forge. Redford's Sundance catalog plans to sever ties with the clan because of the labor issues.
Politicians target media marketing to kids
6.21.01   Reuters

Wash.D.C.   2 U.S. congressmen introduced a bill on Thursday to stop the entertainment industry from marketing adult-rated movies, music and video games to children as lawmakers tried to boost support for a Senate version of the legislation. Rep. Steve Israel D-NY &Rep. Tom Osborne R-NE joined forces to introduce the legislation which would outlaw the "deceptive marketing" of adult-rated music, films and games to children. A Senate version of the bill was offered in April by Sen. Joseph Lieberman D-CT and Herb Kohl of Wisconsin, who joined the congressmen in writing to President Bush on Thursday asking him to support the bills. The proposed legislation follows a scathing report issued last Sept. by the Federal Trade Commission that accused the entire entertainment sector of "routinely & aggressively" selling sexually explicit films, video games and lewd lyrics to children.

A follow-up report in April this year found music companies still marketed songs with violent & lewd lyrics to children but that there had been some improvement in the motion picture & electronic games industries. Like the Senate bill, the House of Representatives Media Marketing Accountability Act would empower the FTC to impose civil fines for "false & misleading advertising" against firms that voluntarily label a movie, song or video game as suitable for adults only and then market it to kids.
"With this legislation we are simply calling on the industry not to frustrate parents' attempts to make informed decisions about their children's exposure to violent content," said Israel.

Seeking bipartisan support for legislation
Lieberman, who joined the 2 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 4 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 vp 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.


    Cool-hunters hit the Web jungle ¹
    When a marketing co. builds a Web community to observe the elusive hipster teen, is it girl empowerment or exploitation?
    5.13.99   Janelle Brown Salon
Will Smith is the bomb right now, but Leonardo DiCaprio is on the way out. Anyone from "Dawson's Creek" is hot, hot, hot. So are butterfly hair clips, the preppy look and Abercrombie & Fitch. But Tommy girls better watch out. As a 15-year-old girl from Portland lays it out, "Tommy Hilfiger is going out of style FAST!"
This information may seem frivolous, but it's a hot commodity. Just ask SmartGirl Internette, online "consumer guide" and ad-free community for teen girls that generated this data. The SmartGirl site doesn't just cater to girls; it does double duty as a trend-research firm, attempting to capitalize on the demand for market research about the teen demographic.

SmartGirl is one of a growing number of companies aiming to move the trend-research industry online. But because it targets pubescent girls, SmartGirl's activities raise ethical questions. "Youth trend research is growing, and clearly the Net gives us an even better entry point because so many young people are computer literate," says Council for Marketing & Opinion Research pres. Diane Bowers, which lobbies to "protect the integrity of marketing" in the face of privacy-protecting legislation. "Online market research is growing by leaps and bounds; it's also growing with a lot of concerns that the limitations of that methodology should be acknowledged."

The offices of SmartGirl Internette, in the SoHo district of Manhattan, are plastered with girlish paraphernalia. Posters of the latest pro-girl Barbie campaign hang on the walls. Dog-eared teen magazines are piled on the coffee table. Above the desk of company founder Isabel Walcott, a photo of girls playing soccer hangs beside a newspaper clipping announcing, "Sleep, the New Status Symbol."
Walcott, in a black minidress, her blond hair in a perky ponytail, sees her Web site & research as a pro-girl cause. She & her 4 employees describe the site as an open forum & community for teens to express themselves. "Our girls feel really empowered," she enthuses. "They've told us that. Here's the one place in their lives where what they have to say really does matter; they love the fact that their opinion is getting showcased for the world to see."

SmartGirl isn't much to look at, with girlish motifs of stars, hearts & kisses, glaring spelling errors and a rudimentary design that looks firmly stuck in 1995. But that doesn't seem to matter to the girls who inhabit the site. The pages are filled with commentary from the thousands who visit every day. All of the content, in fact, is written by site members. It consists mostly of reviews of CDs, books and movies (incl sweetly sincere deconstructions of the outfits in each scene of "Clueless"); commentary about teenage concerns such as unrequited crushes; relationship advice columns; and bulletin boards heavy with posts about divorce & snobbish high-school cliques.

All submissions are unpaid, but are edited and posted by a team of part-time editors and staffers. Significantly, at least in Walcott's view, there are no ads. If her plan works, there never will be.
Walcott considers the reviews the most important element of the site. She describes them as a consumer guide written by teens for teens. Hence, the SmartGirl slogan, "Smart girls decide for themselves." Walcott plans to push e-commerce heavily in those sections. "The girls are looking at all the reviews as a way to find out what to buy," she says. "They come to us for objective information about products; it's a short step to get them to buy it from us rather than going to the mall."

For now, though, the SmartGirl enterprise is supported primarily by another section of the site: Speak Out, brimming with surveys about online shopping, celebrity crushes, reproductive health and more.
Here, girls answer multiple-choice questions and opine to their hearts' content in open response areas. Their teenage sentiments are collected, cross-referenced and sold to SmartGirl clients or sent out in press releases for promotional purposes. (Walcott often serves as a kind of teen spokeswoman, popping up on radio shows to explain what, for example, young girls think about Valentine's candy or Take Our Daughters to Work Day.)

SmartGirl also undertakes customized research and surveys for clients such as NBC and youth fashion magazine YM. For a shoe company client, SmartGirl recently surveyed its girls about what kind of footwear ads would appeal to them. It also launched a line of subscription reports recently, incl the Celebrity Report (chronicling the rising or waning popularity of teen idols) and the Trend Report (focusing on the vagaries of teen clothing & lifestyle).
SmartGirl's Celebrity Report, for example, is a dense, analytical, 30-page report peppered with charts, graphs, appendices and tables tracking "cool" & "hunk" factor of a variety of stars familiar to the teen set. You'd never imagine that the art of charting celebrity cool would be so mathematical, but apparently it is, and that math is valued at $10,000 a year for 6 reports. The shorter, monthly Trend Report goes for $2,000 a year.

SmartGirl is far from the first co. to measure & sell teen trend data. Teens are a highly coveted audience, proto-consumers whose purchasing habits & brand identification are still soft enough to shape. As online market research firm Cyber Dialogue, research dir. Kevin Mabley puts it, the teen years are "a great point to reach people at the very beginning of their lifetime value as a customer." Since teens are characteristically fickle in their pursuit of cool, marketers are eager for any data they can get.

A whole industry of trend-research firms has evolved to both measure & influence what's popular. If chunky- heeled platform sneakers are the cool fad then you better not, God forbid, be pushing flat-soled sandals. To avoid such costly faux pas, marketers have turned to a burgeoning group of trend-analysis companies, sometimes called cool-hunters, trumpeted in publications ranging from the New Yorker to the L.A.Times.
SmartGirl is one of the first to adapt this methodology to the online world, and to do it with an already-assembled teen audience to boot. But it won't be long before the thousands of offline trend-reporting companies that conduct in-person focus groups and phone surveys turn to the Net to track what's hip and what's not.

Response rates for traditional forms of market research are down; phone survey response rates declined 6% in 1998, per Council for Marketing & Opinion Research, while online surveys & focus groups hold the promise of being cheap & easy to perform.
They are not without weaknesses, however. The industry has concerns about how to properly weight online survey results, given that computer users still aren't representative of the population at large. And it must decide how to tackle the problem of verifying demographic information from an online participant.

"The future of online market research is going to be huge, but you have to get around specific problems," says offline cool-hunting company Youth Intelligence trends dir. Barbara Coulon. "We pride ourselves on getting more in- depth responses than you might get online, and knowing who we are talking to. We haven't really found a way of recruiting people off the Internet and knowing who they are." The industry is exploring Net research, but has yet to hit on the right methodology, she says.
The two biggest areas of concern for online teen market research, says Bowers of the Council for Marketing & Opinion Research, are those that have been carried over from the traditional market research code of ethics: parental control and privacy.

With proliferation of inexperienced online research start-ups, these issues could be particularly problematic, she says. "It's the people who are out there without any credentials that the research industry is concerned about, they may think they know what they are doing but they may not [follow] the research parameters & professional ethics."
Collecting information that would let someone personally identify survey participants is a violation of the market research code of ethics and is in some circumstances illegal. Last fall, Congress passed the Children's Online Privacy Protection Act (or COPPA) prohibiting the collection of this kind of information from children under 13.

SmartGirl doesn't collect personal identification information from the teens it polls; Walcott is quick to emphasize that the surveys don't ask for e-mail addresses, just first names (or pseudonyms) & ages. But this is a recent change, Walcott used to collect the names & e-mail addresses of her constituents.
She says she stopped when she realized that this practice was problematic. The watchdog group Ctr for Media Education says this change only took place after SmartGirl was used as an example of misguided online data collection during the COPPA hearings; Walcott denies this and says the center has long misunderstood SmartGirl's practices.

Another weighty issue is disclosure. When a girl visits SmartGirl, does she know that her opinions are being collected for market research? Should she be told exactly what the data she provides is to be used for?
Ctr for Media Education sr policy analyst Katharina Kopp points out, "survey sites often don't always disclose fully how this information will be used ... They need to be more up front about the implications so that a teenager can really have an informed consent about what they do."

SmartGirl, for example, does not disclose that the site does market research, except in the survey section. There, in small type & vague terms, the page explains, "We ask you what girls want so companies can make better stuff for you and really meet your needs. We want your opinion, and we hope to make money from listening to it. If we can make money without advertising, we can keep our 100% girl-powered site where every opinion you see on SmartGirl is written by a real girl or young woman."
At the bottom of the long page is a link to SmartGirl's privacy policy.

Walcott asserts that the site is up front about its mission, although it gives a murky description of who will ultimately use the data and for what purposes. She says the reason the site's market research services are not mentioned on the front door is because she doesn't want stray visitors who might land on the site to pretend they're teenage girls and participate in the surveys.

There is also the tricky question of parental consent, should teens be required to get permission from their parents every time they fill out a survey? Cyber Dialogue which was founded as a sister company to Yankelovich Partners (known for its groundbreaking youth trend reports with Nickelodeon) and worked extensively with teen-oriented surveys, seems to think so.
Unlike SmartGirl, Cyber Dialogue requires specific parental permission before teens can fill out a survey; it also pays them a token fee as incentive, something that SmartGirl, in turn, frowns upon as a bribe.
"You do need to get parental permission for anyone under the age of 16 to take part in a survey. To be a best-of- breed researcher you need to respect the issues of speaking to teens online," says Mabley. "A parent is really the one who should make a decision about giving that privilege or not; we don't want to be the ones who decide what's in their interest."

Students find ring tone adults can't hear
6.12.06  
AP

Students are using a new ring tone to receive messages in class many teachers can't even hear the ring. Some students are downloading a ring tone off the Internet that is too high-pitched to be heard by most adults. With it, high schoolers can receive text message alerts on their cell phones without the teacher knowing.
As people age, many develop what's known as aging ear, a loss of the ability to hear higher-frequency sounds.

The ring tone is a spin-off of technology that was originally meant to repel teenagers, not help them. A Welsh security company developed the tone to help shopkeepers disperse young people loitering in front of their stores while leaving adults unaffected. The company called their product the "Mosquito."
Manhattan teacher Donna Lewis says her colleague played the ring for a classroom of first-graders. All of them could hear it, while the adults couldn't hear anything.

Walcott, however, defends SmartGirl's decision to let girls make their own decisions about filling out surveys. The law requires only parental consent, she says, when collecting personally identifiable information. Besides, says Walcott, parents have responded favorably to a place without ads on the Web, where their children are safe from marketing pitches.
"The thing we hear most often from parents and teachers is, 'Thank God there is a place on the Net that doesn't have ads,'" she says. The irony, of course, is that the data that SmartGirl collects instead is used to build better ads elsewhere. As Kopp of the Ctr for Media Education argues, companies will use the survey results "to market to teenagers & kids in a much more sophisticated way; it makes them more vulnerable because the co. has that information and can prey on insecurities or fears."

In the end, though, survival on the Web seems to mean subjecting visitors to the lesser of 2 evils: surveys & market research or advertisements & product pitches. Walcott is emphatic that girls prefer the surveys. After all, she says, girls who completed surveys on the site, admittedly a self-selected group, said they would rather have more surveys than ads.
"The girls understand that there is a give & take," she says. "Somehow we need to fund this Web site, it's entertainment for the girls. They all know that in the end these things cost money."

terminal teens in paradise   ~ 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
. ]


[ alternate hyperstimulation regimen as means of inducing drug restrained psychosis for sake of population control ]

"Devil dolls"   terrorism by children & adolescents' zombie killer-cults   EIR

… clear epistemological principle behind the class of atrocities perpetrated by the killers of the Littleton case. Without taking that principle into account, it's impossible to understand the nature of & cure for the problem which Littleton typifies which did not begin in 1999.

This specific form of moral degeneracy has infected & affected most of the present population, in one degree or another, increasingly, over the course of recent decades.
When that tree became old, it bore ripe young fruit.
In large part, this form of terrorism has been fostered through use of the radical-positivist cult of "information theory" and its spread, esp. to 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 St infatuation with the cult of the Black-Scholes formula, which led to the virtual doom in Aug.-Sept. 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.


    Santee Happens
    4.11.01   Mike Males Bad Subjects
    per Justice Policy Inst. sr researcher, UCSantaCruz sociology dept;   auth. 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.
What the superintendent, press and quotable experts were after was fixing blame: reject kids caused the
body count. The Secret Service profiled the armed & alienated; officials urged "normal" students (incl bullies & taunters, not suspended) to turn them in. Psychologist & press "boy violence" darling James Garbarino declared: "We have twice as many kids who are seriously troubled as we did 25, 30 years ago and those kids have access to a wide range of dark images, on the Internet, through the videos, video games. All that is a very dangerous combination which we are seeing week after week … the dark side of adolescent culture coming about." He might as well blame conventional Boy scouts, church choir, PG-rated "Patton," Shakespeare, or Prozac, all variously patronized by school gunboys. Authorities' post-shooting attitude, like their pre-shooting attitude, explained volumes about why reject kids don't trust authority, certainly not enough to rat on friends.

4.21.01 SDPD Berglund with University City HS official remove offending sign,
uniform with one of 3 arrested nonstudent protesters at Genesee Ave
photo JT MacMillan SD UT 4.21.01 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). …
40 times more children & youths are murdered by parents every year than in even the worst year for school homicide (1992-93), and 100 times more than in the most recent school year (2000-01). … In bitter truth, it would be astounding if shootings never took place in American schools; the mystery is that they're so few. All told, 1,000 Americans are murdered by gunfire every month. Of these, one to two, on average, die in or around a school. In the nation's premier Gundown State, 4000 Californians were murdered by guns in the last 3 years, just 7 of whom died in its 5million student schools. California & American schools are safer from homicide than Sweden. … As long as the only murdered kids and American gun killings generating outrage are those useful to elite agendas, we'll continue to have lots of both.

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.

SD UT   polls
indecisive distrib. akin to Selection2K electoral college results
Question
yes  
  adult
no  
  juvenile
undecided sample
qty
Can Santana HS suspect get
fair trial in SD County?
42.4% 57.6% 0 342
Should 15yr old  
Chas. "Andy" Williams be tried as juvenile or adult?
48% 46.7% 5.2% 614
[ When popular will is so evenly balanced in a democracy, whether by organic result, control or artifice, has its decision capability been functionally neutralized or perfected ? ]
Santana HS 15yr old suspect surrendered in bathroom.

No single miracle drug will do away with today's health menaces such as youth violence, said Surgeon General David Satcher, who spoke on the subject yesterday in San Diego.   [ On Columbine anniversary but in San Diego ]
Risk factors incl alcohol & drug abuse, family influences, economic conditions and gang membership. No exact profile of just who's likely to commit random violent acts, Satcher said. On 2nd Columbine shootings anniversary, students at some SD County schools stayed home in mass numbers incl about 80% at La Jolla High School apparently out of fear that violence would erupt on their campuses.
Rumors of April 20 violence, Hitler's birthday, spread all week, local students & educators said. Many schools dealing with spate of rumors & threats since last month's shootings at Santana & Granite Hills high schools. Yesterday, schools across the nation dealt with threats, incl 2 in New York that closed because of threatening e-mail.
Other than low attendance, there were few reported problems at county schools yesterday. However, 3 18yr old nonstudents, including one carrying a fake gun, were arrested at University City High School, said Tom Hall, San Diego Unified police chief. He knew of no campus violence that may have occurred. 2 will be charged with displaying a weapon in a threatening manner, and a third will be charged with conspiracy.
Many local schools had tried to assuage parents & students' fears surrounding Columbine anniversary by adding security & assuring them every precaution. Many students stayed away anyway. At La Jolla High, 1200+ of 1640 students were absent, others apparently left after finding nearly empty classrooms. Friday was also an unofficial senior "ditch day," which may have compounded student absences. Some rumors fueled spring-break vandalism that left nearly every building of the campus covered in graffiti that included racial slurs, swastikas and pornographic images. A memo read to students Thursday acknowledged safety concerns and said the recent shootings at Santana in Santee & Granite Hills in El Cajon and the vandalism contributed to "an atmosphere of fear that has been enhanced by unfortunate rumors." The memo said there was no evidence substantiating any threats and said student had been disciplined earlier in the week for spreading rumors.

not shown   LJHS seniors Shireen P. (left) & Breanne M. lay on rock at   Windansea Beach   yesterday among those skipping school because parents didn't want them to attend classes in rumor that violence might spread. Credit photo John Gastaldo / Union-Tribune
Mac     Meda
"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% . 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 & 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."

    NEA offers homicide insurance
    7.26.01   AP
Wash. DC   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.

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.
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


1979 school shootings inspired boy to teach
10.6.07   Peter Rowe SD UT

Santee   At 6 a.m. on a recent Friday, every classroom at Carlton Hills School was dark – except Room 15, where Chris Stanley was preparing his English and social studies lessons. Stanley has been an early riser since childhood, when he attended school in San Carlos. But one morning in 1979, when he was standing outside Cleveland Elementary School, where he was a student, he heard a sharp crack-crack.
“Cap gun,” he thought. Then the principal raced toward him. “Go!” yelled Principal Burton Wragg. “Go! Go!” A bullet hit Wragg. He fell.
“And that was it,” Stanley recalled. “We ran.”

Tonight, Stanley will arrive, early no doubt, at the San Diego Civic Theatre for the Salute to Teachers gala. The 49 nominees for Teacher of the Year come from San Diego County's elementary, middle and high schools, each traveling a separate path to the classroom. Stanley's journey began on the morning of 1.29.79
“They are heroes to me,” Stanley said of the educators who rescued him that day. “They are people who were willing to step up and literally lay their lives down for you.”
In the 28 years since that tragedy, violence has plagued schools from St. Louis to Stockton, from Littleton CO to Santee. But when 16-year-old Brenda Spencer used a .22-caliber rifle to kill Wragg and custodian Michael Suchar and wound 9 others, the term “schoolyard shooting” was almost unknown.

The district closed the school for a day, then deployed psychologists to meet with students in small groups. The children who seemed most troubled were referred to individual counseling sessions. Stanley wasn't in this second group, perhaps because as a self-described “rascal, full of p and v as my mom would say,” he seemed tough enough. That was a facade.
“It still bothers me to this day,” the 6-foot-1, 240-pound man said, using a tissue to dab away tears.

That morning, events unfolded with baffling speed. After Wragg was shot, Stanley ran into the school. He dashed toward the playground, which could have been a fatal mistake because Spencer was shooting from her home and had the ability to cover that open field. But once more, an educator saved him.
“Come back!” yelled Kathryn Keith, Stanley's third-grade teacher.
He followed her directions to go to the media center. “We were locked in there,” he said. “Sixth-graders were guarding the doors with fire extinguishers. The whole nine yards.”

A SWAT team captured Spencer after a six-hour standoff. Today, she's in the California Institution for Women in Corona, serving a prison sentence of 25 years to life. Over the years, Stanley lost touch with his classmates. But he has no doubt that they all carry scars: “Each one of us, everybody, was impacted by that day.”
Stanley insists that we all make mistakes and suffer from events outside our control. “But as I tell the kids, when life hands you a lemon, make beef stew.”
At 20, Stanley became a father. For the first time, he gave serious thought to what he wanted to accomplish and who he wished to emulate. “I thought, what were the biggest impacts in my life? Teachers. Teachers, all along the way.”

He worked three different jobs by day, unloading trucks, installing ceilings, cooking in a restaurant, and pursued an education degree at National University by night. Now in his 13th year as a teacher, Stanley insists on being treated with respect and responds in kind, working to develop good relationships with his students.
“Once you develop that rapport,” he said, “they'll follow you anywhere.”
He's a proven leader, Teacher of the Year at Sycamore Elementary School in 1997-98 and a former president of the Santee Teachers Association, and a fishing fanatic. Each June, he sponsors a fishing trip to Lake Cuyamaca for the district's fourth-graders. Every May, he takes honor roll middle-schoolers on a half-day voyage on an oceangoing boat.

“Teaching is like fishing,” he said. “There are no bad days, just days that are more challenging, days that test your limits more than others.”
No matter how testing the day, though, Stanley insists he doesn't worry about violence on campus. When he hears about another Columbine High School, another Cleveland Elementary, he thinks about the “environmental pressures” on students to embrace drugs, cigarettes and other self-destructive habits.
“There are some pressures in school, some kids picking on others,” he said. But “the real issues are coming from the environment they are in. They bring emotional baggage with them. It's up to me and other teachers to try to help them unpack a little of that baggage.”

After his p-and v-infused adolescence, Stanley squeezed the lemons of his life and made something sweet. He married the mother of his child; they remain husband and wife, and have three children. They share a life and a career; she's a teacher, too.
The Stanleys live in San Carlos, less than a mile from Cleveland Elementary, and the couple's evening walks often bring them past the now-abandoned campus. The sight doesn't bother him. Usually. But there are mornings when he sits in an empty classroom and is reminded of something that first occurred to him long ago: Even little kids can be battered and bruised by big feelings.
“As adults, we forget that kids are people, too. They have feelings and emotions, too. It reminds you that kids are not just along for the ride. They are part of the ride.”

  [ true spawn of the South:
    barn burning Joads & gossiping neighbors
]
Kids' troubled past includes arson case
Sister, brother held in slaying admit starting school fire
4.17.02  
Dallas Morning News
J.Emily, S.Mcgonigle, S.Parks, K.Morales

A 1998 report on an arson fire at Shorehaven Elementary School in Garland hinted at trouble ahead for the 2 siblings accused of killing their younger brother in Denton County. At the time of the fire, the children were living with their mother, Rita Jean Carr. Michael Wayne Carr, their father, had separated from Mrs. Carr and filed for divorce a year earlier. The oldest child, a daughter, was 11. She seemed the most distraught about her parents' marital difficulties, family friends said. The middle child, a son, was 6. And Jackson Carr was a Carr was a toddler.

The two older children confessed to setting the school fire on Nov. 25, 1998, the day before Thanksgiving. The arson report, generated by Garland Fire Dept's juvenile fire-setter program, recommended psychotherapy for the 11-year-old girl. "The focus of this therapy needs to be on learning how to control anger and presenting constructive ways to express hurt," the report said. Garland Fire Dept spokesman Merrill Balanciere said no charges were filed against the children in the arson case.

But investigators recommended that the Carrs resolve their marital situation as soon as possible, and the couple finally dropped their divorce case. Although the family reunited in 1999, the daughter, 15, and her 10-year-old brother now are involved in much more than arson. Police say they confessed Monday to killing 6-year-old Jackson and burying him in a shallow grave behind their home in Lewisville.
The discovery of Jackson's body brought a sad & disturbing end to a 6 hour search of the semirural neighborhood Monday night.

Lindsey Glidewell, a neighbor who joined the search on horseback, had given the Carrs' daughter riding lessons until about a year ago. Ms. Glidewell said she halted the lessons because the girl wouldn't follow instructions. "She doesn't listen very well. She thinks she knows more than anyone else about everything. That's why I couldn't deal with her," Ms. Glidewell said.
Neighbors said Mrs. Carr, 42, works at a downtown Dallas law firm. Her husband, 46, is a computer engineer, they said. The family recently started attending Fellowship Baptist Church near their home, their pastor said. On Tuesday, no one answered the door at the Carr house on Barfknecht Lane in Lewisville. An American flag and a colorful banner featuring a big cowboy boot hung side by side on the house. Mr. Carr and his wife declined to comment Tuesday while walking into his mother's home in Plano.

The Carr family lived in Highland Acres mobile home park before they bought the 1,500-square-foot brick home, complete with backyard swimming pool, in September. Gene Caughran, who lives in the mobile home park, said Tuesday that he had stayed in touch with Mr. Carr although they are no longer neighbors.
"Jackson? They killed Jackson?" he said Tuesday when told of the death & arrests. Mr. Caughran said the Carrs' daughter was a troublemaker who had recently spent several weeks in an alternative school for students with discipline problems. Mr. Caughran said the daughter & older son shot out one of his windows, apparently with a BB gun, about a year ago. "The police came, and she said she just wanted to know what was in my house," Mr. Caughran said. He didn't file a complaint.

But Michael Carr asked Lewisville police to take his daughter to juvenile authorities for a few hours to teach her a lesson. The parents were strict with the children and went to counseling with their daughter, Mr. Caughran said. "They weren't allowed to watch anything but Disney movies. They wouldn't let her read the Harry Potter books, but she got hold of them anyway," he said. He said he never saw animosity among the children. "The daughter told me several times her life was a living hell. She just didn't like having to do what her parents wanted her to do. She had to follow rules." When the older brother wasn't around, Mr. Caughran said, the daughter was sometimes helpful to neighbors and wanted to please people.

The older boy, Mr. Caughran said, suffers from Tourette's syndrome and attention-deficit disorder and doesn't attend regular public school. As for Jackson, "He was the only one who was normal," Mr. Caughran said. "He was some kid, very friendly and outgoing." Doug Hubbs, who lived across from the family in the trailer park, said he wouldn't let his 4-year-old son play with the Carr children. They were "kind of wild," he said. They set fire to an inhabited home in the park and would throw rocks at cars & homes, he said. "When they were separated, they were pretty decent kids. But put them together and it was like a chemical reaction. They were just bad," Mr. Hubbs said.

Michael & Rita Carr's life together was rocky from the beginning, according to court records. They married in a Carrollton church in September 1984, county records show. The couple's first child, a girl, was born in Garland in January 1987. A month later, Michael & Rita Carr filed for personal bankruptcy. They listed their address as Mrs. Carr's mother's home in Garland. A second child, a boy, was born on New Year's Eve 1991 in Norfolk, VA. Jackson Carr was born in Richardson in 1995, records show.

The Carrs lived in Cook's Creek Apartments in Farmers Branch before their marriage soured they separated. Apt manager Alicia Garcia checked her records and recalled the Carr family lived in the complex 9.23.95 until 11.4.97.

"She [Rita Carr] told me that she was going to leave the apartment because she & her husband were getting a divorce and that he had already moved out. "She was pregnant when she was here, and I remember her carrying him [Jackson] when he was just born. They looked like a nice couple who took care of their kids. The husband was a very kind man but the wife, I never saw her smiling." Ms. Garcia said the couple kept a close eye on their children and didn't socialize with neighbors. The children, to the best of her recollection, didn't cause any trouble. The family paid the rent on time each month, she said. "We never had any problems with the older kids. They never went out without their parents."

Rita Carr & her children were living with her mother in Garland in 1998. The arson report said her 2 older children walked to Shorehaven Elementary School about 3:30 p.m. on the day before Thanksgiving. School was out. No one was there. Investigators said the boy threw a rock through a classroom window. Then his sister used a fireplace starter to ignite construction paper near the window. Damage was light, est. $400 to $600, authorities said. Witnesses identified the children, who quickly confessed. Investigators recommended that someone conduct a study of the Carr family dynamics, communication patterns, conflict-resolution skills and parenting skills.
"The outcome of this study would reveal the relationship between the children's behavior and the dysfunctional dynamics of the family," investigators said. Garland Fire Dept spokesman Balanciere, said Tuesday that he did not know whether anyone conducted that study.

    alter egos   berserker estrangement
VA Tech shooter seen as ‘collector of injustice’
Cho had vendetta against society, federal agents suggest   6.18.07   Sari Horwitz
Wash. Post

Wash. D.C.   Federal agents investigating the April 16 shootings at Virginia Tech think Seung Hui Cho displayed many of the same characteristics of a criminal behavioral profile called the "Collector of Injustice," or someone who considers any misfortune against him the fault or responsibility of others. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives also think Cho mentally and physically tried to transform himself into an alter ego he called "Ax Ishmael" before his rampage.
Halloween soldier costume

In the days and weeks leading up to the massacre of 32 students and faculty members, Cho changed his personality from passive to active. On the morning of the shootings, which the agents say were motivated by a vendetta against society, he tried to further erase his identity by deleting his Hotmail account from his computer. In addition, he removed the hard drive, and investigators have not been able to find it, the agents say.

When police found Cho's body inside a Norris Hall classroom, the words "Ax Ishmael" were scrawled in red on his left arm, and notes & tapes he left also referred to them. Investigators think "Ax Ishmael" is based on the biblical figure Ishmael, the son of Hagar, a maidservant to Sarah, and the prophet Abraham.
Ishmael lived as an outcast, and his brother Isaac was favored. Writings that Cho left in his dorm room, sent to the Virginia Tech English Department and mailed to NBC reveal twisted references to religion as part of his identity.

This working theory is part of the preliminary findings of an enormous law enforcement investigation. Over the past 2 months, state police and federal agents have documented and tracked more than 700 leads and conducted thousands of interviews. They do not think Cho targeted anyone individually. Police have also looked for Cho's hard drive, including a search of the Virginia Tech duck pond, where someone saw Cho early on the morning of the shootings.
Nearly 400 state troopers and investigators, with agents from the ATF and FBI, have worked on the case. Dubbed Operation Prevail, the investigation has explored every aspect of Cho's life, including mental health issues and his school records. Authorities have tracked down his credit card purchases of guns and ammunition and any possible connections to his victims. Armed with subpoenas, they painstakingly examined all of the computer accounts of Cho and his victims.

ATF agents have assembled a sketch of Cho that they say fits the "Collector of Injustice" profile.
"It is always someone else's fault, and the world is out to get them," Bart McEntire, the resident agent in charge of the ATF's Roanoke office, said in describing people who fit the profile. Eventually, the person's compilation of wrongs becomes overloaded, and he lashes out violently to right them and get even with those who he believes have caused him misfortune and ridicule.

The manifesto that Cho left in his dorm room, with other writings that investigators have studied, indicate that Cho believed that people had no respect for him or others he perceived were like him, and that he planned to do something about it.
In one writing, he warned: "Kill yourselves or you will never know how the dorky kid that [you] publicly humiliated and spat on will come behind you and slash your throats. … Kill yourselves or you will never know the hour the little kid will come with hundreds of rounds of ammunition on his back to shoot you down."
In another, he sarcastically thanked everyone who had treated him as a "filthy street dog" and an "ugly, little, retarded, low-life kid."

Cho, 23, of Centreville, whose family was religious and had sought help for him from a Woodbridge church, repeatedly made religious references. He said that he had been "crucified" and that, as with Jesus, his actions would set people free. He called himself a "martyr" who would "sacrifice" his life. He wrote that he would go down in history as the "Jesus Christ of the Weak and Defenseless".
He thought his actions would inspire others to fight back and get even.
Among the writings, Cho included 3 pictures of himself, which investigators think show how his self-image progressed. In the first picture, he is smiling. In the next, his arms are outstretched like Jesus's on the cross; in the third, his arms are crossed as if he is lying dead in a coffin, agents said.

As part of his physical transformation, investigators have said, he methodically bought weapons and clothes for his killing spree. They have documented his purchases in detail, from the cargo pants he wore in Norris Hall to the hundreds of rounds of ammunition he carried and his visits to a nearby firing range.
When he was ready, he wrote: "I am Ax Ishmael."
Police have not discovered why he uses the word "Ax," but his writings suggest he identified with Ishmael.

According to some religious scholars, Ishmael held his brothers in contempt, despised the rituals of society and considered himself to be free of social control.
The writings also reveal that Cho had decided to strike out against those who had committed what he perceived were injustices against him: "I say we take up the cross, Children of Ishmael, take up our guns and knives … and take no prisoners and spare no lives."

State police officials would not comment on the ATF's theory about Cho. They said investigators do not now why Cho chose his particular victims or the locations of his killings.
"We don't know all the answers," State Police Superintendent W. Steven Flaherty said in an interview. "There are hundreds of items of evidence at the medical examiner. There are hundreds and hundreds of interviews. It could be another 6 months. We are interviewing and re-interviewing. Law enforcement only gets one chance to get this right."

Causes of pariah backlash
Zombie land mines a la Unabomber
routinely drugging most children as social policy
school killings do NOT make students public figures to media:
Q. "Howdya feel ?" A. EXPLOITED

more
in Taylor TX

Scare tactics   8.1.03   Mark Scheffler Slate   ë
Why are Liberian soldiers wearing fright wigs?

Liberian child soldier   Few things exemplify the chaos of Liberia more than the sight of doped-up, AK-47-wielding 15-year-olds roaming the streets decked out in fright wigs and tattered wedding gowns. Indeed, some of the more fully accessorized soldiers in Charles Taylor's militia even tote dainty purses and don feather boas.
The cross-dressing combatants blipped onto the Western press's radar screen right around the time the Liberian Civil War started on Christmas Eve in 1989. During Taylor's rebel siege on Monrovia in the '90s, his band of dolled-up marauders aka the National Patriotic Front of Liberia put on one of the most disturbing horror shows the planet has ever seen.

Between 1989 and 1997, 150,000 Liberians were murdered, countless others were mutilated, and 25,000 women and girls were raped. The NPFL's shock-and-awe antics were apparent from the very start of the conflict. In an essay in Liberian Studies Journal, an administrator at Cuttington University College tells a story of Taylor's forces storming the rural campus during the initial stages of the war in

    "wedding [dresses], wigs, commencement gowns from high schools and several forms of 'voodoo' regalia. … [They] believed they could not be killed in battle."
  [ Typical simplistic reductionism of Western journalism's underestimation of its consumers' capacity for grasping subtlety.
Battle alter egos do NOT
  protect   the wearer per se.

Instead, it is a desperate attempt to divorce the combat identity from the conscript's native self identity in futile hope, albeit the only hope available, that the assumed identity will do the dying since it's the one doing the killing.
Since no option for physical disassociation is available or possible, psychological disassociation is the only recourse available, regardless of being an illusory distinction.
]

According to the soldiers themselves, cross-dressing is a military mind game, a tactic that instills fear in their rivals. It also makes the soldiers feel more invincible. This belief is founded on a regional superstition which holds that soldiers can "confuse the enemy's bullets" by assuming two identities simultaneously.
Though the accoutrements & garb look bizarre to Western eyes, they are, in a sense, variations on the camouflage uniforms and face paint American soldiers use to bolster their sense of invisibility, therefore, immunity, during combat.

Since flak jackets or infrared goggles aren't available to the destitute Liberian fighters, they opt for evening gowns and frilly blouses.
The cross-dressing "dual identity" isn't just a source of battlefield bravado, though. Cross-dressing has deep historical roots in West African rites-of-passage rituals involving "medicine men" who would recommend wearing masks, talismans, and bush attire as a means of obtaining mystical powers.
ebels dressed in gowns & wigs and adorned with bones, leaves, and other "forest culture" trappings are practicing a modern variation on this technique of using symbolic "clothing" to access sources of power far stronger than their own.

In common Liberian initiation rituals, which exist in memory throughout the country, if not always in practice, a boy's passage to adulthood is symbolically represented by the donning of female garb. He must first pass through a dangerous indeterminate zone between male & female identity before finally becoming a man.
A soldier dressed in women's clothes or Halloween masks, or shower caps, etc. on the battlefield is essentially asserting that he's in a volatile in-between state. The message it sends to other soldiers is, "Don't mess with me, I'm dangerous."

  [ Although permutated to this motive, the original intent was literally to deceive death by disguise and thereby escape fatality. ]

Liberia's adult warlords appropriated and updated these rites-of-passage rituals in order to form tight-knit proxy fighting forces. The strongmen persuaded impoverished youths to join their battalion by offering them the chance to be part of a secret society and attain supernatural powers.
In a country where the young had few if any options, this was seen as an opportunity to "be somebody".
  [ Precisely the same domestic marketing technique used by U.S. military recruitment campaigns ]

After Charles Taylor's Cuttington University attack, other offshoot Liberian militias vying to control the country embarked upon similar gender-bending rampages. One of the more notorious henchmen of the era was Joshua Milton Blahyi, a commander whose nom de guerre was "General Butt Naked".
Hired for his ferocity by rebel leader and Taylor contemporary Roosevelt Johnson, his "Butt Naked Battalion" consisted of drug-fueled teens who went into battle in flowing dresses and colorful wigs. The general himself reportedly wore only laced-up boots and his weapon.

Not surprisingly, these troops became poster children for the war. Dressed in gowns and shower caps and "fortified by amphetamines, marijuana and palm wine [they] sashayed irresistibly for photographers," writes Bill Berkely in The Graves are not yet Full, "Race, tribe and power in the heart of Africa". "Liberia's 15 minutes of infamy seemed to spring full-blown out of the most sensational Western images of Darkest Africa."

Today, some 14 years after Taylor's troops first began their march toward Monrovia, Blahyi has put his clothes back on and supposedly found God.
Prince Y. Johnson, who tortured former Liberian president Samuel K. Doe to death in 1990 and recorded it on video, is talking about returning from exile in Nigeria with a promise to solve problems with "elections, not guns" once Taylor is gone.
Taylor himself is sitting in his Monrovian compound being shelled by new bands of rebels wearing bathrobes.

The battle for childhood   Sierra Leone
1.26.01   Matthew Price BBC

It is nine in the morning and hot in the Sierra Leone jungle on patrol with British soldiers, marching to the village of Jotown. 9 year long civil war that tore the country apart started again last May; now there is a fragile ceasefire which the British Army is helping to maintain.

Commander Snake, probably about age 28, stands in the centre of the village, hand outstretched. He wears a bright red woollen wig. His patchwork sleeveless top is sewn together with emblems of US flags and interwoven with mirrors. He believes the mirrors save him from being killed in battle as they deflect the bullets.
If that fails he can resort to his favourite trick of repeating his name 25 times. That makes him invisible. He assures us it has worked a number of times on the battle front, but he does not waste it.

Snake boasts of his fighting force, and beckons them over. Out of the surrounding trees emerge a rag-tag group of about 40 men & women. These are troops allied to the govt, hence the British, helping to keep rebels at bay. All have fought on the frontline.
They have the dull, emotionless look of people who have seen some hideous things. 15 year old Dawda is the youngest fighter in the army. He is pushed to the front, his gaze skidding lazily across the ground, casually holding his machine gun.

Has he fought on the frontline?
"Of course", replies Snake.
Has he killed?
"Of course. He is the bravest. A very brave boy."
Is it right that children are fighting? Snake pauses for the first time, stares off into the distance.
"Of course it is not right, but he has to defend himself. He has to be able to fight and defend the ordinary people. When we win, and when this war is over, he will go to school again, and I will make sure he gets himself a good job".

In this country, war & fighting have almost become a way of life. Children have become a way of prolonging that way of life. All over the world, children fight in wars. Here, their participation has been turned into a powerful instrument of domination.
Dawda is not the only child soldier we meet. Children as young as 10 have been abducted, and forced to fight. Many of those we speak to watched the rebels rape and kill their parents. Others were forced to do just that to family members. Captured girls are sometimes raped too. Still children themselves, they now look after their own babies in a small enclosure to the edge of the camp.

The govt's election slogan had been "Vote with your hands".
The rebels, not exactly great believers in democracy, developed their own electioneering strategy and started a program of amputation. Thousands had their hands and legs cut off.
One boy, 12-year-old Osman, has a scar deep into his forehead. The rebels often use a machete to cut into the skull. They then fill the wound with drugs and tape it over. High for days, the children are sent to the front and fight, little knowing, understanding or caring what they are doing.
Evil does not get close to describing it.
Zuniga case - Ineffective Assistance of Counsel
California Juvenile Justice Initiative
NO on Prop21
California Voter Foundation Initiative Watch 2000
Arthur Carmona case
Adult criminal tried as kids
MA DA Harshbarger v. Amiraults

Donovan Jackson

Parents' Rights Watchdog Committee 323.585.0570
National Parent-School Partnership pgm dir. Lucy Acosta, MALDEF


  McGuckin Family Trust po box1255, Sagle ID 83860
Joann McGuckin Benefit Trust Account, c/o
Panhandle State Bank, PO Box 967, Sandpoint ID 83864.
Emancipate the Sagle 6 so they
  can sue to get their home back !
defender. photo Jesse Tinsley Spokesman Review Sandpoint Stalemate
 

6 children, believed to be armed, refused to leave their rural home Wed. after releasing a pack of dogs on sheriff's deputies who had arrested their mother, authorities said. She was taken into custody after going to a store with a deputy who had brought the cash. Deputies then returned to the house to get the children and put them in the custody of Idaho Department of Health and Welfare. Deputies told the kids their mother was being hospitalized, but the children became suspicious and fled into the home. Someone in the home then sicced as many as 27 dogs on one of the deputies. Deputy Bill Tilson fired on the pack of dogs so he could get away, but it remains unknown if any of them were injured or killed.Bonner County Prosecutor Phil Robinson said "It's going to be a major step just to get them to believe no one's going to hurt them."
McGuckins

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. Raised in such an environment, Peters said it's understandable the children would not trust police. "They probably think they took their mom away from 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 ¹ 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 Sat. 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 ]

exCommander Jarvis Deputies who retreated from the house after a 2 hour standoff Tue. said they planned to peacefully wait out the children. "I have a 4 year term," Sheriff Phil Jarvis said Wednesday. "I'm not going to force an issue with children." Jarvis said the children, ages 8 to 16, would not respond to calls from social workers or police. Deputies made contact with one of the children briefly Wed., but the contact was broken off when a helicopter from KREM- TV in Spokane, Wash., swooped overhead, Sheriff Phil Jarvis said. 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. home. Jarvis said another chopper, this time hired by a California media firm, orbited the home on Thursday. "It's pretty disturbing. People are putting money before anything else right now," he said.
The children are being told over a loudspeaker they will be fed, housed and taken to see their mother if they come out, Jarvis said. Sheriff's deputies have visited the McGuckin home on previous occasions to check on the welfare of the children. Jarvis had considered arresting McGuckin following the father's funeral service, but rejected that plan as too distasteful. The sheriff's office delivered food and water to the children both Thursday & Friday. "There is not going to be a confrontation," Jarvis said Friday night. "I'll do whatever it takes to get kids out safely, even a pact with the devil himself."

He said he was trying to avoid a repeat of the 1992 shootout at nearby Ruby Ridge, where the wife & son of white separatist Randy Weaver were killed during a standoff with federal agents. The stalemate is different from past high-profile confrontations that have damaged Idaho's image, but those distinctions may not be perceived outside the state. "The issue has to be the safety of the children," Gov. Dirk Kempthorne said. "I've spoken to the sheriff there and appreciate his attitude, which is one of patience. He doesn't want the kids to be traumatized. They withdraw at night so the kids can get a decent night's rest. I think he's taken the right approach. That has to be the focus, as opposed to trying to determine what spin you could put on it with regard to our image. The image is that we are a compassionate state that's concerned with the welfare of the children and doing all we can to help them."
"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.
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.
  [ Sagon Penn ]

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.
  [ Professionalism = foreclosing on a widow's home who's lived there long before yourself ]

The impasse at Garfield Bay ended peacefully on Saturday.
64 year old Bonner County sheriff moved to Hope, Idaho, in 1993 to retire after 33 years with San Diego Police Department. When former Sheriff Chip Roos announced he wouldn't seek re-election last year, local officers encouraged Jarvis to run for sheriff.

When Jarvis left San Diego in 1991, he had moved up to a senior captain's rank, said dept spokesman Bill Robinson, who worked with him for 26 years. "He was a highly regarded officer," Robinson said.
Jarvis began his career as a motorcycle patrolman working in the city's traffic division. He quickly moved up the ranks and began working as a sex crimes and robbery detective, his former co-workers said. Soon, he was promoted to lieutenant overseeing homicide investigations, Robinson said. In 1986, Jarvis oversaw investigation of high profile murder case in which veteran California Highway Patrol officer Craig Peyer killed a college student he stopped on the freeway, Robinson said. It was determined that the only tire tracks in the area belonged to a law enforcement vehicle. Detectives had to sort through tons of information, considering San Diego County has officers from state, federal and 7 different police departments. "It was a very intense investigation," Robinson said. And Jarvis handled the media frenzy well. His son, Todd Jarvis, is a motorcycle patrol officer at the department now.


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.
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.

ID standoff ends   Children reportedly in good condition after leaving home
6.3.01   Neal Karlinsky & Steve Fudderman ABC News

… "They're in very good shape," hospital nursing dir. Susan Montgomery in nearby Sandpoint told Associated Press. …

Staying together?   Officials say standoff kids will not be split up in foster homes   6.5.01   ABC News

… After the standoff ended Sat., the 5 McGuckin children were taken to a hospital, where they were reported to be in good condition w/ no visible injuries. …

All 6 McGuckin children with foster family
6.8.01   Star Silva RNW

The 6 children of jailed JoAnn McGuckin were placed Wed. with a temporary foster family through Health & Welfare. "A promise made is a promise kept," said H&W Region 1 dir. Michelle Britton, referring to the promise of keeping the children together, in a press conference Wed.. "The delay underscores the shortage of foster homes that we have. There simply are not enough foster homes for us in Idaho."
Britton added the children were in "fairly good health and were in good spirits."

Bonner County sheriff's deputies conducted a 3 day search warrant to inspect the McGuckin home for evidence of abuse this week. …

  upshot

Panel kills bill giving land sale money to tax delinquents   Hart says state unfairly takes private property
3.14.06   Betsy Z. Russell
Spokesman-Review Spokane WA

Boise  Rep. Phil Hart, of Athol, lost a 10-8 vote Monday on his bill to try to give some of the proceeds from land sales for delinquent taxes back to the property owners.
"I need to work on it more," Hart said after his bill, HB 732, was killed in the House Revenue and Taxation Committee. Hart said that if he's re-elected, he'll bring the idea back next year. "I think it violates the rights of the people," he said. "It's taking their property without just compensation."

The bill was prompted in part by the McGuckin case in Bonner County several years ago. JoAnn McGuckin's 40 acres on Garfield Bay were sold at auction for unpaid taxes after a standoff in 2001. Her children and pack of dogs held off law enforcement for 5 days. The past-due taxes added up to just a fraction of the home's value.
Opponents of Hart's bill, including county treasurers and the Idaho Association of Counties, noted that in that case, the McGuckin family had transferred ownership of the property to a third party, which complicated the issue.

Counties assn exec. dir. Dan Chadwick told lawmakers the current system works. Payette County treasurer Donna Peterson said delinquent property taxpayers receive at least 9 notices before their property is taken, after it's three years past due on taxes, and even then they can pay the taxes and redeem it for a year before it's sold.
"It's not the Legislature's responsibility to continually baby-sit the taxpayers when they make poor decisions," Peterson told the committee. "I believe this bill would be a slap in the face to all those who pay their taxes."

Hart said counties and other taxing districts keep the full proceeds when they sell a piece of property for past-due taxes. He maintained that they should instead cover the delinquency and costs of sale, then refund the rest to the delinquent owner. But finding a way to make that work proved complicated, and Hart offered extensive amendments to his bill Monday based on input from bankers and the American Civil Liberties Union.
Idaho Assn of Realtors govt affairs dir. John Eaton said the bill essentially would make counties into real estate agents who would be marketing and selling properties to try to pay off the delinquent owner and various lien-holders. He said owners can hire real estate agents and sell the property, getting back their full equity, before the county takes it for past-due taxes. Or owners can sell property without an agent, he said.
"We're now having the govt come in and compete with our industry," Eaton said.

Hart said property sold for back taxes usually sells for only about half its market value, and owners wouldn't choose that over selling it themselves. "You'd be a fool to do that if you're going to lose half the value of your property," he said.
Rep. Jim Clark, R-Hayden Lake, moved to kill the bill, calling it "not ready for prime time." He said, "The issue will be back, this is only its third year. Some of these take five years, even 10."
Rep. Lenore Barrett, R-Challis, said acidly, "I guess if you lose your property, you have at least experienced property tax relief."
The bill was co-sponsored by Sen. Mike Jorgenson, R-Hayden Lake. Clark was joined in voting against it by Rep. George Sayler, D-Coeur d'Alene.


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.

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.

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.

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.

"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."

"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 ID Health & Welfare Dept 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 Health & Welfare dept said Friday that it has found a family willing to take all six children. Spokesman Bill Walker would not say where that family lives.

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.

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.
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.
warning gate "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.
Moose pack. photo Kathy Plonka "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."

McGuckin puppies euthanized at Kootenai shelter
pre11.18.01  
Brent Andrews Daily Bee

Coeur d'Alene   14 puppies from the McGuckin pack rescued from Sagle in June were euthanized this week at the Kootenai Humane Society Animal Shelter, leaving workers there depressed. "Most of the staff was in tears over losing those dogs," said shelter Manager John Davis Thursday. "But there are tears of joy & tears of sadness every day over there."
"All of the little puppies were put to sleep, 14 little dogs," said KHS volunteer public relations coordinator Barb Hartson. "We were fully expecting to adopt them out," she added. "We were hoping for that." The puppies, 9 born under the McGuckin home & 5 born later at the shelter, were part of a pack that KHS brought to its shelter in Hayden after the standoff with the McGuckin children ended peacefully in early June..

The puppies were kept with their mothers in a room isolated from the main shelter population of strays & castoffs. "The dogs were treated with the best possible care & facilities that we had," Hartson said. But she said they seemed to be growing "lethargic" lately and showed signs of upper-respiratory problems. Early this week it became apparent they would not recover, and the puppies were put down Tuesday.
"We did the best we could," said Hartson. "It was a very, very sad day." 4 of the McGuckin dogs are still available for adoption, 2 males & 2 females. Hartson said spaying & neutering will be "mandatory" for those animals, and seeing the puppies put to death has left KHS steeled to continue its struggle to encourage spaying & neutering outside the shelter.

"In light of this, we're upping our 'Spread the Word'; encourage your friends, colleagues and family members to spay & neuter their pets," Hartson said. Meanwhile at the shelter, "Life goes on," said Davis. "We concentrate on our living dogs, not the dead ones." To offer assistance, contact the shelter at 772.4019.

    McGuckin dogs may soon go home
    7.19.01   Brent Andrews Daily Bee
Coeur d'Alene   Coyote-Chow hybrids rescued from the McGuckin home near Lake Pend Oreille may soon be going back to their family. The McGuckin children may now want the dogs back, said Kootenai Humane Society shelter manager John Davis Wed. Davis was to meet with the children & their atty in their foster home Wed. night, and the meeting could determine what happens to the animals. "We're trying to resolve everything to everyone's satisfaction," Davis said.
He said the shelter has 6 or 7 adult dogs & 14 puppies, some born since the dogs were taken there by KHS officials in early June. KHS had hoped to have the animals spayed or neutered before returning them, but that cannot be done without the family's consent. It's possible the dogs will go home unaltered. "Tonight is going to be kind of a pinnacle point on how things go and what happens," said KHS public relations coordinator Barb Hartson. "The ball's starting to roll," she said. Hartson expected to make an announcement as soon as today.

McGuckin dogs available for adoption
  Dogs were kids' first line of defense in standoff
7.22.01   Brent Andrews Daily Bee

… The 2 males they want back, Chester & Skip, were both wounded by gunfire during the standoff. The children might also want a third adult dog back. Shelter manager John Davis met w/ the children in their foster home in Bonner Cty Thu. night. He described the children as polite and willing to part with most, but not all, of their dogs.
Skip, the oldest of the dogs, was captured along with several other dogs shortly after the standoff ended and taken to the KHS shelter, where he recovered from a neck wound. "KHS felt compelled to accept the request from the Bonner Cty sheriff's dept to take responsibility for the animals during the standoff," said Hartson. "With the possibility of the animals being destroyed, KHS joined in the rescue."

Chester was shot through the mouth and despite efforts to catch him stayed on the property until his capture last week and treatment at a veterinarian's office. The $800 bill was picked up by the KHS. "Chester had sat at the house since everything went down," said Davis. "They had hunted for him and could not find him. He had been shot in the mouth." Both of the males have now been neutered, also at the expense of KHS.
The McGuckin children also want 3 puppies back, but the rest of the dogs will be available for adoption, some of them immediately. While they've been characterized as "vicious," Davis said that's not true. "They're sweethearts," he said. "You get up there and they're all over you, just loving you.
"They hunted as a pack because they weren't being properly fed," he said. "As soon as these dogs started receiving regular meals & consistent care, they calmed down and became very lovable." As for the animals' encounters with law enforcement officers & neighbors who feared them, he added, "Those animals reacted to protect their family. They're not bad dogs."

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.

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 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.
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.

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.
Last week, Stephanie Almy, in her 20's, was attacked by the dogs as she walked her own dog past the house. 2 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.

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."

Officials at the Panhandle Animal Shelter said animal control officers have never brought any of the dogs to their shelter. Idaho Dept 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.

    Officers whittle the pack
    6.5.01   Daily Bee
Hayden Lake   Bonner Cty animal control officers began removing dogs from the McGuckin home in Sagle Monday. With help from a local veterinarian, Kootenai County Humane Society office manager Joanne Ingwerson said officials captured 3 dogs, a puppy and a cat. 2 of the 3 dogs, which she described as young adult males, were tranquilized and all arrived at the Hayden Lake shelter safe & sound Monday afternoon.
"They are all in reasonably good heath," she said. "I would have thought that dogs from a pack of 27 might have been in poor shape. But, they've been fed or feed themselves." Ingwerson said the Kootenai Humane Society is expecting to receive 4 more dogs sometime today, however the remaining dogs will be sent to other area animal shelters.
Clark Fork council bogs down in legalities
10.3.01   Mike Gearlds Daily Bee

Clark Fork ID   The city council considered issues ranging from proposed state legislative redistricting to an amended garbage ordinance at their regular meeting Monday night. The result was little or no action on most items, with council stymied by hanging legal questions and lack of financial or enforcement resources.
… The council also heard from Reed & city Maintenance Chief Bill Harp on the status of 4 dogs from the McGuckin standoff, kept at a city shop kennel since shortly after they were rounded-up last summer.

Clark Fork took in the dogs to help other agencies hard-pressed to deal with so many animals at once. Harp said he did not consider the dogs dangerous, although they did not like strangers. Using donated food, Clark Fork spends about 90 minutes a day to care for the dogs. Reed said she has been unable to get permission from Kootenai Cty officials to adopt-out or euthanize the animals. Most of the pack of more than 20 dogs already have been euthanized in various north Idaho animal shelters.

Lingering questions on the ownership of the dogs, as well as sentiment in the community against putting them to death, delayed action on their fate in Clark Fork. McGuckin dogs & several strays in custody or at large in the city, have created an animal-control problem for city officials. "We seem to get dogs dumped here," Reed said.
Planned presentation on controversial east county Dumpster facility situation by sitting committee member Kallie Thurman was no-go when Thurman failed to appear.
land of liberty link: Lake Pend Oreille map incl McGuckin peninsula


"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 3 years, since moving from California.

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.
Beaver Lake link: McGuckin property road map 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.
Dive! Dive! Top secret subs in north Idaho
  N.K.Geranios AP
… The Acoustic Research Detachment facility at Lake Pend Oreille meanders 43 miles through the timbered slopes of the Selkirk Mountains. … Most of the surrounding land is govt owned, so there is little development along its forested shoreline to create distracting noise.
"There is no lake like this anywhere in the world,'' said USN Lt. Cmdr. David Pierce , referring to the combined attributes that make this an ideal place to test submarine design. … Top-secret testing has little impact on public enjoyment of the lake. "We test at night because there are fewer boats and the winds die down,'' said base's senior civilian engineer Henry Netzer. Much of the testing is done in a 26-square-mile area in the middle of the lake, far from most people, he said. Occasionally, researchers have asked boaters to leave the area because noise from their craft was ruining the tests.

It's the only active-duty portion remaining of the former Farragut Naval Training Center, established during WW2 to train 293,000 sailors. Most of the 4,000-acre center was shut down in 1946 and made into Farragut State Park.The remaining base covers just 22 acres along the south end of the lake, near Bayview resort community of 300 people.

Small subs provide big payoff for sub stealth
2001   CDR David M. Fox, USN Global Security

… deeper than 1,000 ft over an area exceeding 26 sq miles, and its flat mud bottom minimizes sound reflection. A low level of particulates in the water results in minimal reverberation & scattering, and its ambient sound level is less than the ocean at Sea State Zero more than one fourth of the time. Moreover, the lake's water temp. remains at 39.5 degrees Fahrenheit below 300 ft all year, maximizing the repeatability of test results over time. Finally, at 8 miles long by 3 to 6 miles wide, the testing volume is more than adequate. …


Differing accounts of McGuckin tax hearing emerge   pre11.18.01   K.Kinnaird Daily Bee

Sandpoint   Former Bonner Cty Commissioner Bud Mueller stands by his contention that he tried to waive the McGuckin family's back property taxes even though he voted to sell the land at a tax deed hearing. Mueller, according to July Bonner Cnty Observer, tried to "forgive" the McGuckin's $8,444 tax debt, but was outvoted by former Commissioner Dale Van Stone & Commissioner Brian Orr.
But an audio tape of 5.10.99 tax deed hearing suggests otherwise. "They're probably on every kind of welfare that's out there," Mueller said during the hearing. Mueller seconded Orr's motion to sell the McGuckin's 40 acres at auction. The motion passed with no opposition from Mueller.

But Mueller said he was not fully aware of the McGuckin family's circumstances at the time of the tax deed hearing. "I knew who they were, but I didn't know much about them," he said. Only after the hearing did he learn Michael McGuckin was dying of multiple sclerosis & wife JoAnn was struggling to make ends meet for her 6 children, Mueller said. That's when he said he approached Van Stone & Orr about the possibility of waiving the family's tax debt. "It was too late then to pay the taxes, but that didn't mean we had to sell it," Mueller said.

… The McGuckins deeded the land in 1996 to James Stewart of Eugene, OR., said to be JoAnn McGuckin's former boyfriend. Taxes on the parcel were delinquent 1995 to 1999. Efforts to contact Stewart were never successful so the county continued to send notices to the McGuckins even though they were no longer the title owner.
The property was sold at public auction in Sept. 2000 to Schmuel & Amy Korengut for $53,000. After the tax debt was paid, the balance of the proceeds, $44,556, was distributed among various taxing districts.

Leading up to the hearing, the McGuckins apparently offered to give the county a 1.5-acre parcel the family still owns farther down Garfield Bay Cutoff to settle the tax debt. But there is no mechanism in place that enables the county to accept land to pay for back taxes, according to Shannon Syth, the county's treasurer.
The 1.5-acre parcel had 3 year's worth of back taxes owed, but Sandpoint atty Edgar Steele offered to help the McGuckin family after JoAnn's arrest, paid the $318 bill on June 18, Syth said. The Catholic church where the family worshiped planned to pay the bill, but Steele delivered a check 6.18.03, just before the church sent theirs.

Living on borrowed land   County says ID standoff family could have kept home by signing a form
6.27.01   Dean Schabner ABC News

… quit deeded the land to Oregon man named James Stewart in 1996 after the family first started to fall behind in their taxes. Some payments were made after the name on the property changed, but by May 1999 the bill was about $5,000, and the county tax deeded the property, country treasurer Shannon Syth. According to current & former county officials, the McGuckins had refused to take advantage of offers of help that could have allowed them to keep the land.

The McGuckins could have had the tax debt forgiven if they filled out an indigent request, but the family refused repeated efforts from county officials and from some of their neighbors to get them to fill out the form, according to commissioner Tom Suttmeier. "They wouldn't accept assistance from anyone," he said. "I think what you're dealing with here is just an extreme case of paranoia. There's just a resident distrust of govt in any form."
Former commissioner Bud Mueller, who served on the board of commissioners when the property was tax deeded, said the county could have done more for the family. He said the commissioners could have forgiven the debt even without the form. "We used to do it all the time for families that were in a bad way," Mueller said. "I said, 'We're going to make them homeless and it's going to cost us tens of thousands of dollars by the time we're through with it.' They told me, 'We have to obey the law.' Well, no we don't. We're commissioners," he said.

Mueller said part of his argument to let the McGuckins keep the land was that there were a lot of properties on the county books that had gone unsold and the county didn't need any more. "We've got one that's been there since 1946 and hasn't been sold. We have a whole book full of them," he said.
With the McGuckin property, apparently, there was no need for concern. Real estate agents in the area say the market in Sandpoint is strong, both with people seeking vacation homes for winter skiing & summers on the lake, and people looking to move to an area rich in natural beauty & low in crime.

With 5 acre rural zoning, the property could be cut into as many as 8 lots. "I haven't appraised it, but probably one of the reasons it went so quick was that is was a good deal," said Cindy Derr-Janek Co. Claudia Crosthwaite. "It could have been split and probably will be split."
There are still 1.5 acres in the McGuckins' name, but there is no structure on the land. …

    Ex-McGuckin atty speaks out
    6.14.01   Rense
… They finally allowed me to see JoAnn - in court. … I now have a signed affidavit from the family's closest friend that she said she retained me right at the start. However, she did make it crystal clear that she now no longer wants my assistance.
… Many who have been involved in child-snatching by the state, lawyers on both sides, (now adult) children & parents, have told me repeatedly that this is how it is done. They get the parent to disavow those who have them on the run, saying it is the only way they will ever get the kids back. While I have no evidence of that occurring in this case, …
For what it is worth, I filed Bar Complaints against both Powell and Robinson on Monday afternoon.

… Many asked why we can't simply pay the back taxes and cure the default. Because the redemption period is passed, is why. After a year, if the house is sold by the county, there is no longer a right of redemption. The 3 year Idaho redemption rule applies only if the county doesn't sell it, else there is only a 1 year right of redemption. That's why the county held it for 15 months before moving in like this. The sale last October cut off the right of redemption. The difference goes to the county, per state law. However, I have identified a number of things that I think allow JoAnn to file suit to recover the property, incl defects in the notice of sale …

McGuckin arrest ongoing due process violation
6.23.01   Don Harkins Idaho Observer

… the county has routinely "forgiven" past due property taxes for Schweitzer Mtn Ski Resort, Bonner Cty Mall and other personal & commercial properties.
Bonner Cty Commissioner's office claims that it does not compile a list of taxes it has forgiven, but the issue of forgiving a tax is handled publicly at the weekly meetings if a person wanted to go over the minutes of each meeting and locate the specific cases. The Commissioner's office also stated that, though news that a property has been relieved of its tax burden is public, documentation submitted by the applicant to prove hardship worthy of tax relief is not available to the public.

Mueller also said that, prior to the property being sold at auction, the McGuckins' neighbors took up a collection and offered to save the family's 40 acres from foreclosure by paying a year's worth of back taxes. Mueller said that the county refused to accept the payment as being "too late."
According to state law, the property owner has the right to redeem his property if taxes are paid up within 3 years of it being deeded to the county or sold to a qualified buyer, whichever comes first. It would appear that the county not only failed to forgive the taxes when it could have done so under the family's obviously impoverished ircumstances, it refused to accept a timely payment that would delayed any further action against the property for another year. …


"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.
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.
687 Garfield Bay Cutoff link: orienteering map of McGukin property & surrounds
The parcel, 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."

    Family values or property values?   Lawyer says 'land grab' was spark for ID standoff
    7.6.01   Dean Schabner ABC News
" … land grab is the key to the whole thing. I think that's what started it all, not anything with the family," …
Steele, who gained notoriety as atty who defended Aryan Nation in civil suit that cost the group its north Idaho compound, said he & investigators looking at the case have turned up alleged irregularities in the way Bonner Cty officials proceeded in seizing the McGuckin land … He said one early irregularity soon after the first time the McGuckins fell behind in their taxes in 1996 happened in response to quit-claim to family friend James Stewart from Oregon, and the taxes were paid. They kept an 1.5 acre.

Steele said his investigators found after McGuckins quit-claimed, the county was unable to locate Stewart, so it continued to send notices of appraisals and tax bills to the McGuckins, but not to the house. The correspondence was sent to a post office box. "We never were able to run to ground who took out that P.O. box," Steele said.
By 1999, $8,444 was owed in back taxes and the county seized the property. McGuckin first learned the 40 acres had been seized when she went in to pay taxes on a 1˝ acre lot she still owns, Steele said. He said his investigators found a handwritten note made by a woman who works in the assessor's office that described how McGuckin expressed surprise when she learned about bills being sent to a post office box, and she was told not to come back to the courthouse until she was composed.

… on a small lake and is rumored to have a spring that could supply enough water for a small housing development. … Steele estimated the land was worth anywhere from $250,000 to $800,000. … Bonner Cty officials seemed to deal w/ McGuckin as though she were competent when it came to her land, even though prosecuting atty Robinson said county officials long felt she was too mentally ill to raise her children.
Steele said that was part of an ongoing effort by the county to discredit McGuckin, incl descriptions of her as being almost pathologically paranoid of the govt. "She said for years, 'I've been afraid govt would steal my land and take my children away,'" Steele said. "Her worst fears realized, does that make her an anti-govt kook?"

… new owners never made any effort to get her off, and county officials said once the land was sold it no longer was their concern who lived on it. "The county would in all probability have done nothing to move them, and as far as I know did nothing to move them," Suttmeier said. "It's not in the county's interest to make people homeless."
… Bonner County sheriff's deputy testified in hearing that the woman approached him to see if he could help her apply for Social Security benefits after her husband died in May. "One thing important that came out is that 4 days after the father's death, JoAnn called the sheriff's office asking for help in a number of forms," McGuckin's court-appointed atty Powell said after a judge reduced the charges to misdemeanors and released her without bail. "She asked for help to get Social Security; asked for help to get a doctor; asked for help selling property they did own to get money for the family," he said. "Rather than giving her that help, they decided instead to lure her from her home and place her under arrest and take custody of the children." …

… Neither investment firm of Korenngut, Schumel, & Amy, nor atty J.T. Diehl of Sandpoint who, according to public records, closed the deal for $50,000 on property estimated worth $500,000, could be reached for comment. …

Case sparks threats against officials   Some say it was elaborate land grab   6.6.01   K.Kinnaird Daily Bee

… County officials, as required by state law, began proceedings in 1999 to tax deed the property so the county could recover the overdue property taxes. County treasurer Shannon Syth mailed required notices and had them published as a legal ad. They only had a Eugene OR phone no. for Stewart and no mailing address. After phone messages went unreturned, Syth said her dept then tried to contact Stewart through the McGuckins, but had no luck.
After the required 5 month tax deed process was complete, the county went through the process a second time in an effort to prevent the land from being tax deeded. "We were just grasping at straws because we didn't want her to lose her house," Syth said. "We did go the extra mile. We don't like to tax deed, but the tax law doesn't say 'the treasurer may,' it says 'the treasurer shall.'"

Meantime, former county commissioners Bud Mueller & Susan MacLeod encouraged the McGuckins to take advantage of hardship tax exemptions. The paperwork was never filled out, according to Syth. The property was sold at public auction Sept. 2000. Schmuel and Amy Korengut were the highest bidders, offering $53,000 for the land. Tax debt = $8,444. After debt was settled, $44,556 balance of proceeds was distributed evenly among taxing districts such as Sagle Fire Dist., East Bonner Cty Library Dist. and Lake Pend Oreille School Dist.
… Suttmeier isn't buying the land grab theory, mainly because the county had gone to great lengths to ward off a tax sale. "I am absolutely convinced the county exhausted its remedies and went an extra step in trying to induce this family to avail itself of several remedies," he said.

Idaho official questions family's loss
McGuckins could have used money that county received in tax sale of their property, he says
6.8.01   Susan Drumheller
Spokesman-Review

Sandpoint   Lying awake at night, thinking about the impoverished McGuckin family, Tom Suttmeier had an idea. What if the money the county made from selling the McGuckins' home had gone back to the family? Maybe it could have purchased a small mobile home and turned their lives around, avoiding the predicament they're in now, he thought.
Bonner Cty Commission chair Suttmeier is asking Idaho legislators, the governor and the state's congressional delegation to look at Idaho statutes with an eye toward changing the tax deed process.

"I've had real heartburn over this process," Suttmeier said Thursday. "It's the family's money. It's their property," he said. "We're not a for-profit institution. We're here for the health, safety and welfare of Idahoans."

… some have described as prime waterfront, worth half a million dollars. "It's a beaver pond, c'mon," said Bonner County assessor Jim Boatwright. Current assessed value of the property, with timber exemptions, is $66,000. "The theory is just more right-wing garbage," Suttmeier said.
Suttmeier is not comfortable with the fact that the county had a hand in taking property from a family living in abject poverty. When the county sold the property last Sept., it didn't even belong to the McGuckins. After 3 years of nonpayment of property taxes, Idaho statute calls for the county to take possession of the property and auction it off in a tax sale.

Bonner County sold 8 properties last year in tax sales, 18 the year before, and 5 the year before that. In 1997, the county started a tax deeding process against the McGuckins. After numerous reminders & attempts to get the taxes paid, "at the last minute" the treasurer's office was able to contact McGuckin Family Trust atty Jonathan Cottrell, for the who paid the 1994 taxes, according to Shannon Syth, Bonner County treasurer.
In 1997, the McGuckins deeded their property to James Stewart of Eugene, OR. But Stewart never paid any property taxes. In 1998, the tax deed process started again. 1.9.99 a neighbor brought JoAnn McGuckin forms to apply for an exemption from property taxes because of financial hardship. But because they had transferred ownership of the property to Stewart, the McGuckins weren't eligible for the hardship exemption.

Syth said she would have fought for the hardship exemption if they'd filled out the forms. "We all knew she was living on the property," Syth said. "With that (financial) information, we could have canceled the taxes." The treasurer's office didn't have any way of contacting Stewart, the legal owner, except for a phone number. He never called back, so the office sent several certified letters to the McGuckins.
The original tax deed hearing on the property was scheduled Feb. 2000, but the county extended it until May to give former Commissioner Bud Mueller time to talk to neighbors to see if they could help head off the tax sale. "Bud didn't want to tax deed it," Syth said. JoAnn McGuckin offered to deed a separate 1.5 acre parcel, assessed at $10,000, to the county to cover the taxes. But the county had no legal mechanism that allowed it to do that, Syth said.

Nothing changed, and in May 2000, the county assumed ownership of the land. The treasurer's office called St. Joseph's Catholic Church, McGuckin's aunt, anyone they could to try to get the taxes paid and avoid the tax sale. It's highly unusual to have a tax sale due to a property owner's inability to pay taxes, said Syth and Carlyne Reed, Ada County treasurer and president of the Idaho Association of Counties. Most people who can't pay come up with a payment plan or file for a hardship exemption.
"It was a salvageable situation," Syth said.

In Sept., the property was sold to the highest bidder in a public auction. Schmuel and Amy Korengut of New Jersey, through their Sandpoint atty, purchased the 40 acres & 1,748 sq ft home for $53,000. The $8,444 due in taxes went to the county, and the rest of the $44,555 was disbursed to all taxing districts in the county, as is required by law.
"That's wrong," Suttmeier said Thursday. "It should have gone back to that family." The property is now assessed by the county at $66,000, with a timber exemption. A previous assessment conducted without a timber exemption pegged the value at $177,000. Timber exemptions lower the value for tax purposes to encourage owners to grow & manage timber on their properties.

A county appraiser who visited the home in February was warned by the McGuckin children to stay inside the car because of the dogs. "She observed the house from her car, and it looked like it was not worth what it was before," said county assessor Boatwright.
The house was assessed in 1995 at $80,833. Now, having aged and fallen into disrepair, the home is assessed at $31,222. Suttmeier estimates that the cost of the McGuckin case to the county & state from sheriff's overtime during the stalemate last week to counseling services for the children could eventually be a half-million dollars.

"First of all, it's not morally right," he said of the tax deed sale disbursement. "Secondarily, from an economic standpoint, it's a failed strategy for the state." As he explained his idea to Syth on Thursday, Suttmeier said, "We can't go back and change what happened, but we may be able to prevent similar situations in the future."
Idaho Association of Counties president Reed was noncommittal about Suttmeier's proposal. "I'm not going to be really quick to jump on that bandwagon as a treasurer," Reed said. "There are so many provisions under Idaho law to let people make monthly payments, indigency claims, hardship exemptions, all of those things that come into play to determine whether or not it's really equitable. That's going to take a lot more study on my part."

McGuckin's court-appointed atty Bryce Powell, said he's been approached by an anonymous benefactor from Florida, who's interested in purchasing the property for the McGuckins. In the meantime, members of St. Joseph's Catholic Church are considering paying the $115.80 the McGuckins owe for taxes on the 1.5-acre parcel, Syth said. Without that payment, the McGuckins will likely lose their last acre of land, too.


Sandpoint, ID   A judge on Thursday freed the woman … , reducing the child neglect charge against her to a misdemeanor. Unconditional release allows JoAnn McGuckin the right to see her children w/o supervision, but she still faces custody battle with the state which has placed them in a foster home. A custody hearing was set for Friday.
McGuckin had refused another judge's earlier offer to leave jail on condition that visits with her children be supervised. The children visited McGuckin in jail only once. As McGuckin left jail, she said she would spend the night in a motel. ''It's one step in the right direction,'' she told reporters. ''We'll see where we go from here. I'm almost bewildered. I've been in jail so long it feels like home.''

The misdemeanor charge carries max. sentence of 6 months in jail and a $3,000 fine. McGuckin pleaded innocent Thursday to the reduced charge. First Dist. Court Magistrate Judge Debra Heise ruled there was insufficient evidence to support the felony neglect charge. ''I find the state failed to sustain its burden that the conditions were likely to cause death or great bodily injury,'' the judge said. ''The state has proven that their health may have been in danger.''
Heise had ordered the hearing to determine if criminal charges should be filed. The ruling came after the judge heard testimony from her eldest 19-year-old Erina McGuckin who left home last year to join the Navy. She complained to authorities about the living conditions at their home. She said her family lived in an ''unsanitary...squalid'' house without running water since 1977, with little or no heat and intermittent electricity.

Wed. she said the family ate bread that had been gnawed by rodents and had to remove animal feces from their food as it was cooking. But conflicting account was given Thursday by Kathryn McGuckin, 16, who said the family had been under extreme stress for several years because both parents were sick.
She said that had caused some of the housecleaning, laundry and other chores to remain undone for periods of time. ''We could not deal with the stress of the house, being on shift all night long with Dad, haul water, prepare food for the kids, and our education and keep up the house to the world standards of what all homes should be,'' Kathryn McGuckin said.

The teen-ager said she was prepared to shoot anyone who attacked her brothers & sisters. She said she test- fired 2 weapons in the house to make sure they worked. ''If someone started shooting, we had the right to shoot back,'' she said
In other testimony, Dr. Tom Lawrence, doctor who examined the McGuckin children after the standoff, said they appeared to be in good health. A videotape played by prosecutors showed the interior of the family home littered with garbage, broken furniture, dog feces, spoiled food, maggots and mice. …

McGuckin leaves jail after charge reduced   Custody hearing today   6.29.01   K.Kinnaird Daily Bee

… Robinson, meanwhile, drew out testimony from Kathryn McGuckin about her mother's drinking habits and her theory that electrical devices in the home were used by the government for eavesdropping. …

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 Bonner County food center employee Joan Woller 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. ¹

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."

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.

"For years, Mrs. McGuckin has been fearful of the govt taking her property & 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 6 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 AP.

  [ 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. ]


McGuckin standoff featured on 'Primetime Thu.'
JoAnn, Erina say little love lost between each other
11.11.01   Keith Kinnaird Daily Bee

Sandpoint ID   JoAnn McGuckin's eldest daughter has no regrets about turning her mother in to authorities to spare her siblings from having to live in squalid conditions. "I know I did the right thing, and I'd have done it again," Erina McGuckin told ABC news anchor Connie Chung in an episode of "Primetime Thursday".
Erina McGuckin, 19, said her 6 brothers & sisters were clueless about the unsanitary conditions largely because they knew of no other way of living. When asked by Chung if she thought her mother was aware of the kids' plight, Erina McGuckin furrowed her brow and laughed. "Oh Lord, no," she replied.

… "Ben (McGuckin) begins to scream, 'lock down the house, get the guns and turn the dogs loose," recalled county prosecutor Phil Robinson, who also was interview for the show. … Ben McGuckin fled into the woods and later surrendered to authorities. … The standoff ended peacefully after the kids learned their mother was safe and they would not be punished.
Criminal charges against JoAnn McGuckin were dropped this fall, but her children remain in foster care while a reunification plan is drafted. JoAnn McGuckin has admitted she is not cooperating with the effort. On Primetime, JoAnn McGuckin beamed with pride when asked about how she reacted upon learning her kids were keeping authorities at bay.
The first thing I thought was 'God dang those are my kids,'" she said, laughing. "I was so pea-pickin' proud of 'em."

2 months after the stalemate, Erina McGuckin gave a camera crew a tour of the McGuckin home. The 5-gallon buckets used as toilets still remained in the home, as did rotting food, broken glass, animal feces, and JoAnn McGuckin's liquor bottles.
The death of the family's patriarch was apparently the catalyst for Erina McGuckin's actions. 2 days after Michael McGuckin died, she sought Robinson's help in lifting her siblings from abject poverty. "Her comment to me that day was that she just would not, now that her father was dead, allow her brothers and sisters to go on living like this," Robinson told Primetime.

JoAnn McGuckin admitted the death of her husband was a key factor in the deterioration of the household. While she concedes the house was a mess, JoAnn McGuckin insists her children's hygiene was not an issue. Even though Erina went to authorities, JoAnn McGuckin said she still loves her daughter.
"She's my own flesh and blood. The love is unquestioned; that can never be compromised. The discipline is another issue. That we have to deal with," JoAnn McGuckin said.
Erina McGuckin, meanwhile, expressed disappointment in her mother's actions, but said she still loves her. "Deep down inside I love her very, very much. I just do not like her right now," she said.


Idaho mom won't leave jail until kids are returned
6.4.01  
CNN

… the woman has refused to leave jail until her children are returned. Judge Barbara Buchanan said JoAnn McGuckin could be released on her own recognizance with certain conditions Monday, but McGuckin's lawyer said she had some conditions of her own.
"She demands an immediate reunion and contact with the children. She demands dismissal of the charges," defense atty Bryce Powell said. "She demands an apology, and demands her return to the property with her children." …

6 months after standoff with deputies, McGuckin family still apart at Xmas   12.17.01   N.County Times

JoAnn McGuckin, instantly recognizable with her thick, red hair, spends her days praying, writing and meeting with lawyers and doctors. She sees her children during Sunday services at a Catholic church. Sometimes they visit her motel and they talk on the phone. … McGuckin acknowledged she could not properly care for her family as her ill husband required constant care. The decision was made to defer housework and other home maintenance. "We did the minimum we needed to do just to function," she said. "I made sure the children kept up their personal sanitation."

Criminal charges eventually dropped, the case evolved into a child custody dispute. A videotape played in court showed the home littered with garbage, broken furniture and maggots, among other things. McGuckin contended the tape does not reflect conditions when the family lived there and said she believes law enforcement officers planted garbage & human waste before the videotape was made.
Under a state plan, McGuckin cannot regain custody of her children until she fulfills certain, undisclosed conditions. McGuckin contends the state is portraying her as a mentally ill alcoholic. Asked if she would cooperate with state officials, McGuckin said "not a chance. Family sovereignty will be upheld in my life." McGuckin and daughter Kathryn have talked about how to spend Christmas Day, but no plan was set. Thanksgiving consisted of orange juice and bagels in her motel room. She doesn't have the money to buy the kids much for Christmas.

McGuckin is aware that many people would disapprove of her refusal to cooperate with state officials in reuniting the family. "If I don't follow through on my stance against the state, then all of our families are in danger of being ripped as mine has been," McGuckin said.

McGuckin family not alone
6.6.01   Dave Turner Daily Bee

Sandpoint   Former Bonner Cty sheriff Chip Roos said the McGuckins are not unique. "There's at least a dozen households in the county in similar conditions, maybe more. Who knows?," Roos said Tue. Roos, echoing other county officials, said the McGuckin situation didn't have to happen. Roos said his deputies, as well as family, friends, neighbors and community and church groups offered to help the family for years. "If anybody said that the Sheriff's Office or the neighbors, or the community didn't extend a hand, that's bull," Roos said. "Those hands were burned."

The case "hasn't been ignored, or other people in this condition have been ignored," he said. Help from many quarters, public and private, is available, he said. The trick, he said, is getting those too proud, or too scared, to accept that help.
Roos, criticized by some for allowing the situation to fester during the last years of his third term, said there was little he or his deputies could do. "I've known JoAnn since she was a first-grader," said life-long Bonner Cty resident Roos. "I was aware of the family situation for last 3 years," he said. During that time, his deputies made referrals to the state Health & Welfare dept and gave the family information on how to get assistance with food, finances and back taxes.

"One deputy asked me if it was OK to give them referral numbers," Roos said. "I said sure." Like the others, the deputy's efforts fell on barren soil. "People tried to do something for them, but they were just rebuffed," Roos said. "You just can't make somebody do it if they don't want to."
He noted that during Michael McGuckin's illness and again at his death, the family could also have received Social Security benefits that he paid into during his working life. "They believe it was a paid-up insurance policy, I guess," he said. "It's sad. On SSI, she could be doing much, much better."
  [ Shortly after McGuckin asked for Social Security, she was arrested. ]

… Roos said it didn't have to happen that way. "The county gives hardship exemptions all the time," he said. "It was like burying (her husband). All JoAnn had to do was 'sign here" and the county would pay to bury him." As it was, Michael was dead for nearly 2 weeks before he was given a burial, paid for by county indigency funds.
Authorities believe fear of the govt turned into paranoia for the family, so much so that JoAnn would not let visitors near the house. "What can you do? People have their liberties," he said. Roos said his deputies couldn't get near the house when serving civil papers and performing welfare checks. "I don't know if they even got past the barricade," Roos said. "(JoAnn) had a habit of meeting visitors in the yard."

Roos' administration was also blamed for not doing more to control the McGuckins' pet population. But according to Roos, except for a couple of official complaints, the dogs didn't seem to be much of a problem, at least on the surface. "On the animal complaints we did come," he said. But little could be done. "If no one signs a complaint, it doesn't go very far."
Most concerns about the family's living condition were phoned in anonymously. When those concerns were reported, his dept acted, he said. "We've sicced people on them," he said. "We sent out the Chaplain's Corps. Religious groups & school district officials went before them."
They were all turned away.

Roos said little could be done to help the family until enough evidence was compiled by prosecutors and Health & Welfare. 'This is America. You just can't haul them down and force them to take help," he said. Roos said his successor handled the situation the same way he would have, and was happy the children are now getting the care they need.
"I was relieved to see it come to a head, and glad to see it was done right," he said. Roos said he wasn't surprised on how the dept acted in containing the situation. " They at first determined their mission was to calm a bunch of scared kids," he said. The deputies, most trained under Roos, "had a clear focus of what they were doing. They wouldn't have returned fire if they were fired upon," he said.

Roos said while he was not contacted for advice by the sheriff's office, "I got calls from the press. I told them they were right on the button and were doing exactly what I would have done." Roos agrees that people should be able to live their lives the way they want. "I think people have a right to starve themselves and live in squaller if they want to do that," he said. "But nobody has the right to do that to children."


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. McGuckin was arrested at Garfield Bay Resort, but taken to Bonner General Hospital after complaining of chest pains. She agreed to meet the deputy at Garfield Bay Resort for the purposes of making a phone call. McGuckin was arrested there to avoid a confrontation at the home.

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 Wed., Spokane WA Spokesman-Review reported. Bonner Cty Sheriff's Dept denied a request by Spokesman-Review to conduct a jailhouse interview with JoAnn McGuckin. Asked if she wanted a court-appointed atty, she said she had options, but "at this time it would be prudent to be conservative, and please appoint an atty."
JoAnn McGuckin, 45 , pleaded innocent Wed. to felony child endangerment and is in Bonner Cty Jail. Powell has asked for a hearing to reduce that bond. The hearing was scheduled for Thu. but postponed, tentatively set for 4 pm 6.1.01 in Bonner Cty. A preliminary hearing is set for 6.13.01.

Bail-reduction hearing scheduled Friday afternoon was postponed when JoAnn McGuckin's court-appointed atty 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.
Powell 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 w/ a young man crouched in the back seat hiding from TV 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. 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 2 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."
The threat of escalating the stalemate still exists, said Bryce Powell, court-appointed atty 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, atty 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.

Sandpoint ¹ ² ³ lawyer Edgar Steele met with McGuckin on Wed. 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 attys and represent the children's interests.

Regarding Steele's involvement in the matter, Bonner Cty 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."
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 Sept. 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.

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.
JoAnn McGuckin, 46, became convinced her husband's illness was caused by chemicals, and that the govt was planning to take the children & 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, 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.
Before the McGuckins shut off their phone and took down their mailbox 5 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."

Neighbors & 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. ]

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 food ctr employee Joan Woller. "They certainly don't last for 3 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 & 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."

Last week, Stephanie Almy, in her 20's, was attacked by the dogs as she walked her own dog past the house. 2 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.

Michael Criss McGuckin, 61, passed away near Sagle, Idaho 5.12.01. Graveside funeral services will be conducted in Pinecrest Memorial Park 1pm on Friday 5.25.01. Rev. Dennis C. Day, St. Joseph's Catholic Church, will officiate.
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.

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.
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.

Michael McGuckin was buried wearing a borrowed suit, in a pauper's grave in Idaho, a long way from his native Massachusetts, where he was born into a wealthy family that moved in society circles. McGuckin, who died last month from multiple sclerosis, began his life in privilege. But after a tangle of somewhat mysterious circumstances, it ended in paranoia & poverty.
… His father was Harvard educated. His mother's family ran a prestigious jewelry store. McGuckin attended exclusive private Groton boarding school outside Boston. Former classmate Dr. Timothy Rivinus, now a clinical psychiatrist at Brown Univ., lived across the hall. "He was an outsider. I don't think he saw himself as a socialite or anyone who was vying for any standing socially," Rivinus said.

Everyone thought Michael McGuckin would go to Harvard University, like his father. He went instead to the Univ. of North Carolina where he studied engineering and made the dean's list. In the college yearbook, Sigma Phi Epsilon fraternity remembers him as a hunter who liked guns. His prep school charm reportedly made him popular with the ladies.
After college, McGuckin headed west to San Francisco. He married a South Dakota beauty queen and went to work at a clothing co. But in the mid-1970s he abandoned the white collar world, moving wife & son to Idaho.

Rivinus met up with his former classmate at a Groton reunion. "He was living in the West. working with a lumber co.; he was doing things very different than the rest of us," Rivinus said. "It was very different from what one would have expected."
McGuckin's business schemes failed, and so did his marriage. At age 41, he married again, this time to JoAnn Hunter, 16 years his junior. They had 7 children in 13 years, and the kids were all home schooled. By 1983 the McGuckins had filed for bankruptcy and Michael McGuckin reportedly started showing signs of paranoia. He was convinced his phones were tapped and that cars were following him. Something that happened to him in his 40s or 50s prompted him to withdraw from society, perhaps pushed by mental illness.

"He was completely cut off by the end of his life," Rivinus said. He was diagnosed with multiple sclerosis, and as his condition worsened, so did his mental state. When McGuckin died in May, it had been 5 years since he had been seen outside the home, let alone in any social circles.
Family riches, once held in a trust fund, were gone. The family owed creditors as much as $400,000, according to seventh child Erina McGuckin, estranged from the family.

After 5 day standoff, the children surrendered peacefully and have been in foster care since. McGuckin remains in the county jail in Sandpoint, even though she is free to leave, because she refused to abide by a condition of her release that barred her from visiting the children.

Who would raise kids to 'fear' govt?
6.10.01   Vin Suprynowicz Las Vegas Review Journal

… classmate of Wash.Post book editor & columnist Jonathan Yardley first at Groton prep (MA) then at Univ.N.Carolina. …

Idaho dad refused to budge
Family consistently rejected aid from community
6.5.01   Farah Stockman, Boston Globe

Boston   Although his children, with rifles & vicious dogs, kept sheriff's deputies at bay for days outside their ramshackle ID house, Michael C. McGuckin was no mountain man. McGuckin's name is etched on a wall of the prestigious Groton prep school, as a member of the class of 1957. His father, an Army major, was a Harvard graduate and a Cambridge Fox Club member. His mother was Jane Shreve, of the distinguished Boston jewelry firm, Shreve Crump & Low Co.
McGuckin's life … "was meteoric beginning & tragically descended end," recalled Francis Laidlaw, once married to McGuckin's sister. "He was a wonderful guy. He had everything going for him," Laidlaw said. "I was in awe of him. He was so productive, just enormously successful in his business career."

McGuckin, 61, died of dehydration & malnutrition 2 weeks ago in his isolated home after reportedly rebuffing offers of help to the impoverished family for years. On May 29, authorities arrested his wife, JoAnn, who allegedly suffers from mental illness, on charges related to child neglect. … "The abject poverty & degradation and everything else; that was not Michael at all," said Laidlaw. "It's just astonishing."
  [ Astonishing is this patrician's obliviousness to the fatal truth of poverty ]
Old classmates at Groton recall McGuckin as a scrappy football player who earned good grades. Providence RI psychiatrist Timothy Rivinus from Groton. "He had a lot of spirit in him. He was just a little wacky, just a little bit different." McGuckin studied engineering at UN.Carolina, learned Arabic in the Army, according to friends, and then moved to California to set up a series of successful businesses: building furniture, buying textile plants, running a home construction co.

His marriage to a South Dakota beauty queen ended in divorce that set him back financially and sent him to Idaho, where he planned to invest in a sawmill and perhaps set up a home for underprivileged children, friends said. "The last time I saw him was 19 years ago, probably at Groton's 25th reunion," said former classmate Richard R. Porteus. "He was discussing the sawmill in Idaho at the time." He added, "You never know where people end up."
The sawmill failed despite financial assistance of McGuckin's MA relatives. A federal tax lien filed in 1988 listed McGuckin as a debtor to the IRS for $18,842. McGuckin, new wife & children became more & more withdrawn, avoiding church & social events and rejecting neighbors' assistance.

Last time Laidlaw spoke to McGuckin was 3 years ago, when multiple sclerosis had just started to cripple the hands of the avid outdoorsman. "He sounded the same as he always had," recalled Laidlaw, who said McGuckin had asked him to look for a certain kind of filing system that could help him home-school his children. "He was very upbeat. He had beautiful manners. The only sad point in our conversation was when I said, 'I always loved the way that you played the guitar,' and he said, 'I can't even hold one any more.' "


McGuckin lived in fear, ex-wife says   She tells of husband's paranoia beginning as early as 1978
6.9.01   Spokesman Review
T.Clouse, B.Shors & S.Drumheller

Sandpoint   Michael McGuckin believed as early as 1978 that someone was tapping his phones and following him home, his ex-wife said Friday. Randy Sue Latimer, 58, told Spokesman-Review that McGuckin became paranoid before he met second wife JoAnn Dunn, who authorities have characterized as mentally ill.
Latimer divorced McGuckin in 1981 after 16 years of marriage, "absolutely" believes that any mental illness JoAnn may be suffering came as a result of merging with McGuckin's fears. "I know JoAnn has been made out to be the villain," she said from her home in St. Paul MN. "I don't know about (JoAnn's) paranoia, but the last year I was there, he was becoming increasingly paranoid."

McGuckin, trained as an Army intelligence officer, never expressed any fear of the govt before moving to Idaho in 1976, Latimer said. McGuckin, Latimer and their son, William, lived from 1976 to 1980 in the same one- story farmhouse that was the focus of intl attention last week.
Purchasing the farm fulfilled a lifetime dream for the couple. But McGuckin struggled to adjust to the rural lifestyle after a successful career as a contractor in California, Latimer said. "I think somebody may be listening in," he told her during a telephone conversation in 1978. "He'd say, "I thought a car followed me home today. Keep an eye out for a Chevrolet. It did make me nervous because it was so unlike him."

McGuckin, 61, died 5.12.01 after lengthy battle w/ multiple sclerosis. 3 weeks later, authorities arrested JoAnn McGuckin for felony injury to a child. A deputy returned to the farmhouse to collect the children but they then loosed the family dogs on a deputy and retreated into the home. They refused to come out, sparking 5 day standoff that ended peacefully last Saturday.
As McGuckin's health worsened during last 5 years, the family had become increasingly withdrawn, disconnecting their phone, taking down their mailbox and avoiding neighbors. Bonner County prosecutor Phil Robinson said Friday that investigators are compiling an inventory from a search of the McGuckin home.

JoAnn McGuckin, 45, will appear Wednesday for her preliminary hearing. Authorities say she and her 6 children were living in a house filled with dog feces, rotting food, dead mice and garbage. McGuckin's court-appointed atty Bryce Powell said those conditions resulted, in part, from the standoff.
Latimer remembers a modular home with 2 bedrooms, a living room, kitchen and dining room. "It was a roomy little house," Latimer said. "What I cannot imagine is 9 people living in that house."

She moved to St. Paul Feb. 1980, and they were divorced in 1981. She hadn't seen him or been to the farmhouse for more 20 years, and lost contact with McGuckin. She received his obituary in the mail, but chose not to attend the 5.25.01 funeral.
"I grieved for the man I loved a long time ago," Latimer said as she wept. "It took me 10 or 12 years to give up that sadness." The paranoia ended a relationship with a man Latimer described as an "extremely bright, very talented, handsome and lovely man."

After Groton & UNC, he met Latimer in 1962 when both lived in San Francisco. The couple married in 1965 and had one son. McGuckin left a successful business as a contractor in Marin County, Calif., to pursue a rural lifestyle near Sagle.
Latimer, playwright who founded Unicorn Theatre in Sandpoint, said her ex-husband lost his focus. "He just never found his way," she said. "I think he was doubting his capacity to live a productive life." The couple talked about converting the 350 acres they purchased along Garfield Bay Cut Off Road into a tree farm, meadows or perhaps a gentleman's farm. "He spent his life doing jobs where the rules were clear," Latimer said. "He was just lost."

Latimer met JoAnn in Sandpoint where both served on the local arts council. Michael & JoAnn married in the fall of 1981. Latimer believes JoAnn eventually began to share her husband's fears as his health deteriorated. "When I knew JoAnn, she seemed like a pleasant young woman, outgoing, interested in people," Latimer said. "As far as I'm concerned, it began with Michael."

all unattributed text except [ italics in brackets ] from following sources
  cit. quotations  
JoAnn McGuckin, mother of 7.   "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?" more than one year before her arrest & 5 months before county sold her property for $53,000.

Phil Jarvis, Bonner County Sheriff who let the kids sleep at night during the standoff.   "I have a 4 year term; I'm not going to force an issue with children." His deputy Tilson duped then arrested mother McGuckin Tuesday. Said he didn't know about the property issue until Thursday.

Idaho Gov. Dirk Kempthorne.   "The issue has to be the safety of the children. I've spoken to the sheriff there and appreciate his attitude, which is one of patience. He doesn't want the kids to be traumatized."

Bonner County Prosecutor Phil Robinson.   "JoAnn McGuckin spent most of the family's money on alcohol."

Bonner County Sheriff Sgt. Rob Rahn.   "I would term it a total success,''

Bryce Powell, court-appointed atty for JoAnn McGuckin in criminal case.   "They had no money and were doing what they could to survive."

Bill Walker, Child Protective Services case official with Health & Welfare.   "We're prohibited from discussing any history with this family" whereupon he did.

Edgar Steele, Sandpoint lawyer & legal council to Richard Butler in Sept civil trial that bankrupted the Aryan Nations.   "The real crime these people have perpetuated is that they are poor."

Alice Wallace, Bonner Community Food Ctr pgm dir. in Sandpoint re JoAnn McGuckin:   "She couldn't afford the gas to come in so she would have someone pick up the stuff she needed."

Joan Woller, Bonner County Food Ctr employee who visited regularly with eldest daughter Erina McGuckin.   "They're beautiful, loving children"

Lloyd Wyatt, age 84 Garfield Bay resident.   "The kids were always raggedy & barefoot. We are a breed of people who say, 'This is our home & we are entitled to protect it,'"

Christi Paulsen, son Gunnar, 11, used to play with the McGuckin kids.   "a wonderful, affectionate family. They were just like any other family. The parents' lives were devoted to their kids. Everybody's afraid of the dogs."

Don Moore, Sagle Elementary School principal.   "Once I had to get off my bike, hold my bike in between me & the dogs."

Bob, husband of Stephanie Almy attacked by McGukins dogs, requiring 17 stitches.   "These people have been terrorizing the neighborhood for years."

Virginia Campbell, neighbor.   "Once, when the power was shut off, Health & Welfare made them turn the power back on. We live the closest to them of anyone. Even when the police come out, they have their guns. JoAnn would use guns."

Mary Peters, Garfield Bay resident   "She'd say 'Mary, don't talk to me; I don't want you to ever call back. I think it's better that way."

Rusty Schoopman, 68, C&R Grocery of Garfield Bay re JoAnn McGuckin:   "She would buy bread & milk. Toward the end, she was buying wine."

County Coroner Dale Coffelt, funeral director, listed Michael McGuckins' cause of death as dehydration & malnutrition with multiple sclerosis listed as a contributing factor he had suffered for past 7 years.

Rev. Timothy O'Donovan, former pastor at St. Joseph's Catholic Church. The kids talked to him at length at dad's funeral Friday. Mom was arrested following Tuesday.

Rev. Dennis Day of St. Joseph's Catholic Church in Sandpoint.   "The only time I met JoAnn was when I first came here, 5 years ago. We had a little confrontation. She said, 'No Father, I will never set foot in this church again.' She never did. They get crazy after a while."

Death notice
Bonner County Daily Bee

Idaho kids hold off deputies
5.30.01 Nicholas K. Geranios AP
  Sandpoint, Idaho

Children, dogs hold off authorities
5.31.01   AP

6 armed kids defy Idaho deputies   Sheriff intends to wait them out, not storm house
5.31.01   Nicholas K. Geranios AP

Media helicopter thwarts attempt at negotiation
5.31.01   S. Drumheller, T. Clouse & W. Ross Spokeman Review

Stalemate continues
5.31.01   Keith Kinnaird Bonner County Daily Bee
Sagle

Lawyer says family guilty of poverty
Mother feared loss of land, says atty claiming to represent children
6.1.01   S. Drumheller, W. Ross & T. Clouse Spokesman Review
  Sagle, Idaho

6 N. Idaho kids resist officials for another day
Father's death, mom's arrest, sale of home may be fueling fear of authority
6.1.01   C. Quintana & B. Roberts Idaho Statesman

Boy leaves house to meet with authorities
AP

Oldest boy surrenders, standoff in 4th day
6.1.01   Nicholas K. Geranios AP

Mother's bond hearing set for today
Atty says reunite family to end crisis
6.1.01   Idaho Statesman

Activity seen near house   Mother's bond hearing postponed after attorney fails to show up
6.1.01   Idaho Statesman

Stalemate heads toward a fifth day
6.1.01   Bill Roberts Idaho Statesman

Kid, cop standoff nearing end?
6.1.01   Keith Kinnaird Bonner County Daily Bee

Sheriff brings wealth of experience to case
6.2.01   A. Gaddy & S. Drumheller Spokesman Review   Coeur d'Alene

Ex-cop aids Idaho talks with kids
6.4.01   AP

Dogs ran wild for years   Sheriff's Office says received only 2 complaints in 7 years
6.2.01   A. Gaddy, S. Drumheller & T. Clouse Spokesman Review

Lawyer makes contact
15yr old McGuckin boy out of hiding
6.2.01   S. Drumheller & T. Clouse Spokesman- Review

To Idahoans, family not unusual
6.2.01   Kim Murphy L.A.Times pA10

Children in standoff leave home
6.2.01   John K. Wiley AP

Stalemate comes to a safe close
6.2.01   Idahos Statesman

Children end standoff in Idaho
6.2.01   CNN

Kids leave Idaho home after talks
6.3.01   John K. Wiley Idaho Statesman

hunting pack

more
  [ footlight blinded activists ignore the proverbial money trail of development$ Judas bounty ]
… "It isn't like the Randy Weaver situation, but I'm afraid the national media will play into the image of 'Here we go again in N.Idaho,'" said Sam Byrd, Greg Carr Ctr for HRts Policy activist. "The situations are different, but there's a huge risk that people won't separate them. They'll continue to see Idaho as this backward place caught in some kind of time warp, a haven for anti-govt, anti-establishment types. These kinds of incidents happen in other parts of the country, but because of the way people are used to seeing Idaho portrayed, we get sucked right into it again."
    epilogue
To Byrd, the media are the issue. "The money the media will spend covering just this one story will be many times what the state is spending on the effort to improve its image," he said. "We don't have the resources to compete with that. … What do people think of when they think of Waco? What do they think of when they think of Oklahoma City? It's human nature to jump to conclusions and create images that are just a slice of who we are. Somehow, we need to weave the true image of Idaho into everything we do."

Clyde Bentley, adjunct Univ. of Oregon journalism professor in Eugene, said N. Idaho is a natural magnet for those types of portrayals. "A lot of it is demographics," said Bentley, who spent 7 years as Coeur d'Alene Press managing editor. "You have an area that is sparsely populated, political news is generally dependent on population, and when you don't have that, you're left with the unusual.
The second reason is cultural. I love the place, but there are families there that have gone several generations without really holding down a job. It's more of a subsistence, survivalist type of existence. If you have a pickup, a good chain saw and a deer rifle, you can live. People go there to escape. When the govt tries to come in and do what's normal for a city, you're going to have conflict with those people. And conflict is something we in the news media love. It makes good copy."

Les Bock, Idaho Anne Frank HRts Memorial exec. dir., said Thursday he was "afraid something like that was going to happen. It's bad news, and it's one of those things that, unfortunately for N. Idaho, has spiraled out of control. I talk with people all over the country, and it's a common response to hear from people that Idaho is known for these kinds of things. It's frustrating to see something like this come up again. We've made progress, but things like this mean we'll have to work harder."
In Coeur d'Alene, Kootenai County Human Relations Task Force founder Tony Stewart called the stalemate "a very different situation from some in the past, and it would be a mistake to compare it with Ruby Ridge or Aryan Nations. I can't say whether it will contribute to our redneck image, but I hope not. We've just closed a very important chapter here in North Idaho with the ending of the world headquarters of Aryan Nations. I'd rather see the media attention on that."
  [ Better to live among privacy respecting racist rednecks than homestead thieving real estate developers abetted by local carpetbagger govt. ]

Militia of Montana leader John Trochmann in nearby Noxon MT arrived in the area Saturday and said he was acting as an observer for similar anti-govt groups across the country in communication about the situation to decide whether people needed to come to the area to demonstrate. He also said the treatment of the family was "extremely unAmerican. For the govt to attack this family as they have has substantiated fear of the govt." Powell said intervention by militia groups would not help.
Aryan Nations founder Richard Butler, whose nearby compound recently was purchased by the Carr Foundation and is being demolished to make way for a human rights center, drove by an afternoon news conference. He & several colleagues, 2 of them wearing khaki-colored uniforms, spoke briefly to the press from his sport utility vehicle while area residents heckled him, yelling, "Go home, Butler" and "Get out." One pundit has dubbed the incident the "Ruby Ridge Rugrats."


On 10.11.01 at 9 am, I was going to finally have my chance to participate in justice prevailing. A court hearing had been set up for JoAnn McGuckin to sit & listen while I tell her, the judge and the court why she should be prosecuted for her actions of knowingly owning vicious, dangerous dogs.
You see, on 5.21.01 I was walking my dog, Bella, on a leash down a public road near my home. It was a beautiful day and I was thankful to get the time to enjoy a walk. I had just passed JoAnn's home when suddenly 8 to l 0 dogs came out from her driveway charging Bella & I. They viciously growled, barked and attacked us from every angle, we had nowhere to run.

I did the best I could to hold onto Bella because they had their jaws clamped down on her legs, tail and back trying to pull her away from me. I was terrified! I then noticed the blood, I wasn't sure where it was coming from but it was everywhere. I prayed and continued to pull Bella with all my strength, embedding my bare knees in the gravel road for more leverage. I knew that if I gave up my grip on Bella they would kill her right in front of me and they had already started by ripping at her skin.
The two police officers that just happened to be at JoAnn McGuckin's home checking on the welfare of her children heard my screams from the road. The 2 officers ran over to us with pepper spray in hand, Off. Bill Tilson & Sgt Mike McDaniel. McDaniel pulled Bella into my arms and covered us with his body while Tilson pepper-sprayed the growling pack. Alter a few moments Sgt. McDaniel helped us to our feet and put us in the patrol car with the wild dogs still jumping and attacking us.

After spending 4 hours in the emergency room having my skinless knees scrubbed to get all of the embedded rocks out, X-ray's for broken bones, 19 (wide for infection drainage) stitches for 5 deep tears in my arm, and bandages for all 11 scratches & claw marks. I was ready to go home. I had pulled every muscle in my body and I cried out in pain every time I had to move the slightest little bit. I was unable to move my arms, only my right hand for over two weeks. I was told that JoAnn's wild dogs never received vaccinations and that they still had not been properly quarantined and looked at by a professional. So I had no choice but to have the 5 rabies injections because it possibly could have been a matter of life or death.

Bella spent her first night in a veterinary hospital receiving drugs to put her out while the doctor put 21 stitches in her little 20 lb body. Since that terrifying day she is still afraid of all dogs, she shakes and cries at the site of one. I am also afraid of strange dogs, I carry pepper spray with me every time I walk.
Our medical bills are close to $3,000 and JoAnn had to pay nothing. Phil Robinson and the other county prosecutors office threw the case out 10.10.01 because he feels that harboring a pack of vicious dogs is not a crime.
Maybe If I had been killed I would have received justice. There are countless documented complaints about these dogs biting people, killing other dogs, terrorizing the neighborhood, killing live stock and wild game.
This is a letter to all citizens to be aware that this could happen to you, your pet or your child. I will have these scars for the rest of my life and they will be a daily reminder to me that this county does not protect its law-abiding citizens. Meanwhile, JoAnn McGuckin will go on owning vicious dogs in your neighborhood.

    Jarvis pleads guilty   3.30.03   RNW
Bonner Cty sheriff Phil Jarvis pled guilty to a single charge of disturbing the peace following a 1.14.03 tiff in Sagle. Jarvis, 60, was charged after a month-long independent investigation by the Idaho State Police after a nurse at Bonner General Hospital reported treating Jarvis's former girlfriend, Stephanie Flannery, 30, for a hand injury she said she sustained during an altercation between Steve Foord, 50, & Jarvis.
Flannery told authorities that Jarvis never hit her or Foord, though she admitted she attacked & hit Jarvis when the 2 men faced off. Jarvis had earlier gone looking for Flannery, and found her at home with Foord.

Because the sheriff has no prior record, Kootenai County deputy prosecutor Marty Rapp, who was called in as special prosecutor, did not ask for jail time or a fine, instead recommending Jarvis perform community service and pay court costs. Jarvis bristled at the recommendation, telling Judge Justin Julian that he sees what he does every day as full-time community service.
Judge Julian disagreed, telling Jarvis that everyone who holds a job has value to the community, and the fact that he was sheriff didn't exempt him from the same remedy & punishment that would be imposed on any other citizen. He then ordered Jarvis to perform 16 hours working in the Sheriff's Inmate Labor Program, and ordered him to undergo anger management counseling and pay court costs.

    Jarvis to be arraigned today
    Sheriff to plead to charge, special prosecutor says
    3.30.03   K.Kinnaird Daily Bee
… Flannery, divorcee who used to go by the last name Almy, had a minor role in the infamous McGuckin kids' standoff at Garfield Bay. She was set upon by the McGuckin family's dogs while walking her own dog on Garfield Bay Cutoff Rd.
Flannery was rescued by 2 deputies who happened to be investigating longstanding allegations of child neglect at the McGuckin home. About a week later, deputies tricked JoAnn McGuckin out of her home and attempted to take the woman's children into protective custody because of the neglect allegations. …
McGuckin on the road to recovery
  … works to regain her health & family
2.9.02   Susan Drumheller Spokesman- Review

Sandpoint   JoAnn McGuckin calls her children at 7:15 every night. Then she waits for the weekend, when she can see them again. McGuckin recently rented a second-floor room in an alcohol-free Sandpoint home. Across the hall from her room is another with 2 double beds for her children. 5 of the McGuckin children slept under the same roof as their mother last weekend for the first time since May, when sheriff's deputies arrested her on child injury charges. The court now is allowing McGuckin weekend visitations with her kids.

… Since they've been in foster care, first with their godparents, and now with a foster family that has 4 other children at home. "They have a clean, warm, healthy place to live," said godfather Fred Omodt. "They appreciate that." After 5 years of living in isolation, the children now attend public school, church and participate in extracurricular activities. "They're just normal, average sorts of kids. You'd have a hard time picking them out of a classroom," Omodt said.
Until now, family visits have been rare. One occasion was a picnic on JoAnn McGuckin's birthday. On Christmas Eve, they attended Catholic Mass together in Clark Fork, and then opened presents in McGuckin's motel room. On New Year's Day, they all went bowling. "The big deal is the kids can stay overnight," said McGuckin in an interview this week.

Recent developments indicate that the state Health & Welfare Dept is moving toward reunification of the family. Under Idaho law, if children have been in foster care 15 out of 22 months, the state has to either reunify the family or, if they're not on track for reunification, terminate parental rights and find the children a permanent home. That deadline is approaching at the end of August.
"So much of it depends on my health," McGuckin said. "I'm terrified I won't be well enough in time." McGuckin's health, "in the broadest sense of the word," is a factor in reunification, said Brent Featherston, attorney representing the court-appointed special advocate for the children. The attorneys involved are barred from discussing specifics of the case.

Until last week, McGuckin had been unable to get regular visitation with her children because she refused to cooperate with the state's case plan. From her point of view, when the state dropped the criminal charges against her in Sept., it no longer had any custodial right to her children. But the 2 cases legally are separate, experts say. Prosecutor Phil Robinson indicated early on that he would consider dropping criminal charges against McGuckin as long as he knew her children were safe. Even McGuckin's attorney sees the process as appropriate.
"When the criminal charges were dropped, JoAnn didn't have a house," said defense atty Sara Seaborg. "There was nowhere for her to take care of the children. It's the state's obligation to take care of the children."

One of the sticking points has been alcohol treatment. McGuckin denies having an alcohol problem despite the evidence: discarded beer & wine bottles in the garbage-strewn home, statements from her estranged eldest daughter and statements McGuckin made to jailers. She explains her alcohol use as a remedy for arthritis & poor circulation. In December, McGuckin said, she started receiving Medicaid and now takes prescription medication that provides the relief that alcohol did.
"I walked off it (alcohol) … It was not a problem for me," she said. "I do look forward to having a glass of wine with dinner, thank you very much!" Now she lives with a 7 year recovered alcoholic, who regularly attends Alcoholics Anonymous meetings and does not allow alcohol or drugs in her home. McGuckin called her landlady "a saint in the making." The woman, who asked not to be identified to protect the privacy of the McGuckins & herself, said she's undecided about whether McGuckin has an alcohol problem.

When McGuckin discusses the alcohol allegations, her voice & blue eyes harden in anger. She also turns bitter remembering the way she was arrested and separated from her children. "I asked them (police) to bring in Dr. (Thomas) Lawrence," she said. "Instead of bringing a doctor, they brought handcuffs."
When she discusses her husband, Michael, who died last May from complications from multiple sclerosis, her eyes well up with tears. It was Michael McGuckin's death, and the return home of Erina McGuckin, 19, that set the events in motion that culminated in JoAnn McGuckin's arrest.
"As far as I'm concerned, this is a success story," said the Rev. Dennis Day of St. Joseph's Catholic Church in Sandpoint. "I can't help but think that the authorities did their job. They did it wisely, pretty much, and the community also did." The church parish has provided respite care for the foster family, taking the McGuckin children Sunday afternoons for activities such as snowmobiling, horseback riding and camping. The parish also helped the foster family renovate their home to make more room for the children, and provided some furniture. One parish family took the children for the 4 day Thanksgiving weekend. The foster family also arranged for all the children to take ski lessons at Schweitzer Mountain.

By all accounts, the children are flourishing in their foster home, in the schools and within the supportive shelter of the parish community. "When I see them, they have big smiles on their faces," Day said. Omodt, whose family housed the children when they initially were in the state's care, said the kids have socialized well. After 5 years of playing with one another and their dozen or so dogs, they now know what others expect from them, he said. "They're much quicker or able to work with their peers than initially," he said.
The older children are top students, but McGuckin said her youngest, ages 8 and 10, are lagging behind in reading. She plans to tutor them on the weekends, and has stocked a bookshelf full of library books, along with a set of encyclopedias. She also said the 2 youngest have had "cold after cold," which she attributes to stress.

When JoAnn McGuckin goes out in public, she's widely recognized and often approached by strangers. At The Hoot Owl Restaurant in Ponderay this week, a waitress couldn't resist asking McGuckin how her family is doing. "Every time I go out, I'm honored by people, the warmth of their hearts," McGuckin said.
McGuckin now is living on $545 a month in disability benefits. In addition to regular doctor's visits, she said she's undergoing counseling. She can only afford to pay for one room's rent, however. The state approves of her current living arrangements, and is encouraging her landlady to get a foster care license so she'll qualify for state assistance. That would pay the rent of the extra room that McGuckin needs for her children's visits.

McGuckin met her landlady through her children. The woman is a housekeeper for the children's foster parents. As an empty-nester, the woman opened her home to recovering alcoholics and others with a need for safe shelter. When the children visited last weekend, "I could tell they missed the closeness of their mom," said the woman. "They were very much within her embrace."
Missing from the reunion was 15-year-old Benjamin. He spent the weekend with his eldest sister, Erina, who is not on speaking terms with her mother. If McGuckin does win custody of her children, it's uncertain where they'll live. Their former home and 40 acres were sold in a tax sale. Another 1.57 acres McGuckin thought she owned has no house, and is listed on the tax rolls as belonging to her late husband & his former wife.
One thing she does know. The children will remain in public school. As a single mother, she said, she cannot manage home-schooling her children, particularly if she must work. …

One year later, JoAnn McGuckin is hoping to get her kids back
5.30.02   ID Statesman

Garfield Bay   … In December, McGuckin started receiving Medicaid and now takes prescription medication. She is living on $545 a month in disability benefits.
Under Idaho law, the Department of Health and Welfare has until August to decide if it will reunite the family or terminate parental rights and find the children a permanent home. "The department has to look at reunification first," said Brent Featherston, Sandpoint atty representing the children´s interests.


Judge dismisses McGuckin child neglect charge
Misdemeanor dog charge stands   ¹ ² ³
9.7.01   K.Kinnaird Bonner Cty Daily Bee

Sandpoint   1st Dist. Court judge dismissed misdemeanor child neglect charge against JoAnn McGuckin, but a charge for harboring a vicious dog stands. Bonner Cty prosecutor Robinson submitted a motion Friday to dismiss an injury to child charge against McGuckin based on the results of an underlying child-protection case. The move to dismiss also is based on the "observed & evident medical, emotional and personality deficits evidenced by the defendant," according to the motion.
Robinson, who was in Moscow during the brief pre-trial hearing, could not be reached Friday to elaborate on the statement. "Further prosecution of this case is not necessary to accomplish justice, nor to provide protection, care and safety for the minor children," Robinson wrote in the motion. Magistrate Judge Debra Heise granted the motion, dismissing the charge with prejudice, which means it cannot be re-filed.

McGuckin, 46, is pleading not guilty. A tentative trial date on the dog charge was set for 10.11.01. If convicted, McGuckin faces up to 6 months in jail and/or a $300 fine. The pending charge stems from a pack of dogs the McGuckin family raised at their Garfield Bay Cutoff Road home. Days before McGuckin was arrested on the neglect charge and subsequent standoff involving her 6 children, as many as 9 dogs set upon neighbor Stephanie Almy walking by with her own dog.
Sheriff's deputies Bill Tilson & Mike McDaniel happened to be at the McGuckin home conducting a welfare check on the children. The deputies waded into the pack of dogs to protect Almy. "I put my arms around her and placed my body over her the best I could to keep the dogs from biting her any further," McDaniel recalled in his report on the incident. As McDaniel shielded Almy during the minute-long attack, Tilson used his pepper spray to disperse the pack.

McDaniel was bitten on each hand and Almy's bite wounds required 17 stitches. The dogs were quarantined in McGuckin's basement. When deputies showed up a few days later to arrest McGuckin on the child endangerment charge, the dogs were loosed on deputies by her kids as they fled into the home.
After the standoff ended peacefully, the dogs were taken to shelters in Kootenai County. Some had to be destroyed, but some were reunited with McGuckin's kids, 3 boys & 3 girls ages of 6 to 13.

McGuckin's court-appointed legal counsel Bryce Powell said the facts in the child-neglect case spoke for themselves. He said the family was doing the best it could given financial hardships and the recent multiple sclerosis-related death of McGuckin's husband, Michael. "When all the circumstances came together, at least in my mind, it became readily apparent JoAnn is not a criminal," he said outside the courtroom.
A plan is in the works to reunite McGuckin with her 6 kids, but McGuckin admits she is not cooperating with that effort. McGuckin visited with her children on her birthday earlier this month and lamented the state's involvement in the family's affairs."We all cried. We just kept wondering why we couldn't pick up and go home," she said after the hearing. "It's bewildering to all of us what has happened."

Last criminal charge against woman dropped
Children still in foster care after May standoff w/ ID authorities   10.13.01   N.K.Geranios
AP

Spokane   The last criminal charge has been dropped against JoAnn McGuckin ¹ … originally arrested on a felony child-neglect charge that was later reduced to a misdemeanor, and dismissed last month. McGuckin's scheduled trial Thu. in Sandpoint ID on misdemeanor vicious-dog charge was canceled when Bonner Cty prosecutor Robinson agreed to drop that charge, too. "It's a relief to take this out of the criminal realm," McGuckin's attorney, Bryce Powell, said yesterday.

Robinson did not return a telephone message yesterday. … Powell said she is living in a motel and surviving off a few thousand dollars in donations sent after the standoff. "It's a pretty meager existence right now," Powell said, adding McGuckin is trying to get Social Security disability and survivor benefits.
McGuckin is trying to regain custody of her children, Powell said, but the effort is slowed by her efforts to become financially able to care for them. It likely will be several months before another custody hearing is held, Powell said. Under a state plan, McGuckin cannot have custody of the children until she fulfills certain undisclosed conditions.

McGuckin has said that she does not recognize the authority of the state over her parental rights and has refused to cooperate. McGuckin talks frequently with her children by phone, and visits them occasionally, Powell said. Last week, daughter Kathryn visited her mother to show off her high school prom dress, Powell said.
… Law enforcement officials initially reported that the McGuckins had 27 semi-wild dogs on their property. But once the animals were rounded up, there were only about 20, 9 of which were puppies. Most of the dogs have been adopted.   [ false ]

McGuckin seeks proceeds from sale
5.12.02   Mike Weland, ed. RNW

JoAnn McGuckin can't do anything to recover her home & property, sold at a tax deed sale 9.1.00, but she is suing Bonner County to obtain a share of the proceeds of that sale. Her Coeur d'Alene atty Art Bistline said Bonner County broke Idaho law when it sold the McGuckin home & 40 acres for $53,000, deducted the $8,444.74 owed in back taxes, and distributed the remainder to the 29 different taxing districts in the county. The county contends it followed Idaho Code to the letter.

Even though the property had been sold, the McGuckins remained in the home until shortly after JoAnn's husband, Michael, died on 5.12.01. Shortly after his funeral, JoAnn was arrested on charges of felony injury to children due to the filthy condition of the home, and when Sheriff's deputies attempted to take her 6 children into protective custody, the children turned their dogs loose on them and holed up inside the home for 5 days.
The standoff ended peacefully, and charges against JoAnn were eventually dropped, but she has yet to regain custody of her children. She is currently jobless and living in Sandpoint, allowed to see her children only part of each week.

The county says they followed proper procedure in both the conduct of the sale & in distribution of the funds, and contend they tried everything possible to assist the McGuckins' in resolving the issue short of sale. The county produced documentation showing that they tried to help the family get a tax exemption on the property, but in 1996, the family had quit-claimed ownership to JoAnn's former boyfriend, James Stewart, whom no one, not even JoAnn, has been able to contact.
She admitted the move was a serious blunder, but said both she & Michael were very ill at the time and desperate. It was her intention, she said, to get someone she trusted to handle the property on behalf of her children.

According to Bistline, Stewart was never even aware of the transaction. JoAnne later attempted to quit claim another piece of property to the county to settle their tax bill, but the question of ownership prevented that and the county finally proceeded to sale.
Bistline said it's not the sale that disturbs him, but the disbursement of the excess funds. He says the county's interpretation of Idaho Code is counter-intuitive & unfair, saying he interprets it to say that taxing districts should only be paid what they are owed in back taxes, and any excess should be refunded to the former property owner.

Bonner County Commissioner Tom Suttmeier was distressed by the plight of the McGuckin family so he approached the Idaho Association of Counties in an attempt to have the law rewritten, saying that the economic impact to counties as a result of tax-deed sales is very small, but to the families involved the results could be devastating. His attempt got nowhere.
If she prevails in her lawsuit, JoAnn says she will use the money to establish a savings account for the education of her children. "I think this is the beginning of a resolution, a beginning of the healing process," she said.

McGuckin wants cash from home auctioned by county   5.9.02   Idaho Statesman

Sandpoint   JoAnn McGuckin … has gone to court to get the cash county authorities raised when they auctioned off the family´s home for taxes. McGuckin´s atty Arthur Bistline contends she is entitled to what was left after back taxes were paid even though the title to the 40 acres & house is uncertain. … Bistline conceded that Stewart was the owner of record at the time of the auction, but he contends that Stewart has no legal interest in the property.
County attorney John Topp said that law is on the county´s side. "Bonner County followed the state law in disposing of the proceeds from the tax sale on the McGuckin property," he told Bistline in a letter earlier this month. " … If you attempt to bring suit against Bonner County on this issue, sanctions and attorney´s fees will be sought."

Bonner Cty, McGuckin fail to agree on property sale proceeds   6.5.02   Thos Clouse Spokesman-Review

Sandpoint   Attorneys for JoAnn McGuckin and Bonner County were not able to settle a lawsuit Tuesday over the auction of the land where her children held authorities at bay for five days last year. Sept. 2000, Bonner County auctioned off McGuckin's property along Garfield Bay Cut-off Road to pay off about $8,400 in back taxes. A New Jersey couple purchased the property at the auction for $53,000.

After paying the McGuckin tax bill, the rest of the money was split between the county's taxing districts. Atty Art Bistline is arguing in the lawsuit that Bonner County should have given the remainder of the money to the McGuckin family. Bistline met Tuesday with Bonner County officials.They weren't able to reach an agreement.
"They think they are doing it right. I don't think that they are," Bistline said. "I'm going to proceed forward with her lawsuit."

Courts still mopping up   Conditions inside McGuckin home were an issue at trial; profits from tax sale challenged   5.30.02   S.Drumheller Spokesman-Review

Sandpoint   A beaver slaps its tail on the lake surface, warning of intruders. A flock of noisy Canada geese splashes down on the lake against the backdrop of the Cabinet Mountains. Up a well-worn path from this pristine scene is a darkened home with a combination lock hanging from the front door. Weeds grow through rusty bikes lying in the overgrown yard next to 2 flattened camp tents. Chicken wire covers the windows, some of which are open.
A peek inside is what members of the media wanted so badly a year ago. This was where the McGuckin children holed up for 5 days, keeping officers at bay with a gun & a pack of vicious dogs.

Wednesday was the one year anniversary of JoAnn McGuckin's arrest on child-injury charges that led to the standoff with her children. Much has changed in the lives of the family, but the property appears to be untouched. The McGuckins lost their home in a county tax-deed auction Sept. 2000. A New Jersey couple purchased the property for $53,000 to cover the McGuckins' tax debt of $8,444.74. The excess money was distributed to all the taxing districts within Bonner County.
The property's new owners Schmuel and Amy Korengut of Basking Ridge, NJ are seeking to quiet title on the property, to clear up any ownership questions. At the same time, McGuckin is suing the county for the difference between the property's selling price and what was owed in taxes.

After the property was sold, the McGuckins didn't leave, but instead sequestered themselves there another 8 months before their sanctuary was deemed hazardous to their health by local authorities. McGuckin was charged with felony injury to children, based on the unkempt condition of the home. JoAnn McGuckin quickly became infamous as a housekeeper as the incident drew intl media attention.
During the execution of a search warrant, detectives videotaped the home's interior, as well as the collapsed outhouse and a barn overflowing with garbage. JoAnn McGuckin's court-appointed atty Bryce Powell planned to protest the prosecutor's attempts to enter the videotape into evidence. Powell became alarmed when he heard that the Sheriff's Dept planned to give reporters a tour of the home.

He stopped the tour with a judge's order banning access to the media. But Powell knew as soon as the sheriff released the crime scene, he couldn't control where the media went. On June 5th, Powell's investigator and 2 helpers arrived at the McGuckin property. The deputy on scene Mike McDaniel let them through, because that evening the Sheriff's Dept planned to release the scene. But then McDaniel got a call from sheriff's Detective Sgt. Howard Burke, telling him to get the men off the property.
Burke had heard that Powell planned to do some cleaning up, so the decision to release the property was reversed. The next morning, the detectives obtained another 5 day search warrant to inspect heating equipt, electrical systems, plumbing systems, water sources, fuel sources and related safety hazards.

When they returned to the house, Burke found 3 large scoop shovels & 3 trash cans. It looked as if there had been an attempt to clean the living room & sun room, he reported. Powell said he was concerned that if the media showed up at the house, their photographs & descriptions of the messy condition of the home could influence potential jurors in the case. He believed that the home's condition was made worse during the course of 5 day stalemate.
That's why he wanted the place cleaned up. "It was not feasible to board up the place, so they (Powell's hired helpers) were doing their best to change the situation," Powell said. At the preliminary hearing later that month, Powell was unable to convince the judge to throw out the detectives' videotape. As soon as it was entered into evidence, Prosecutor Robinson handed over a copy to a national media outlet, which immediately made copies for all other TV affiliates.

McGuckin seeks proceeds from sale of property where standoff occurred   County vows to fight suit
5.8.02   Keith Kinnaird
N.Idaho News Network

Sandpoint   … The suit was filed in 1st Dist. Court Tue. … McGuckin and her husband deeded the parcel to James Stewart of Eugene OR Feb. 1996, according to county treasurer's records. … Stewart was said to be a former boyfriend of JoAnn McGuckin. McGuckin deeded the property in an apparent attempt to keep it from being seized by the county for unpaid taxes.
… Though McGuckin's Coeur d'Alene atty Arthur Bistline acknowledges in the suit Stewart was owner of record, he is asking the court to find that Stewart has no legal right or interest in the parcel. Bistline contends his client is entitled to the proceeds under ID law. County civil counsel John Topp said the state code Bistline uses to buttress the complaint applies to personal property, not real property.
" … Bonner County followed the state law in disposing of the proceeds from the tax sale on the McGuckin property. Your client is not entitled to any excess. If you attempt to bring suit against Bonner County on this issue, sanctions and attorney's fees will be sought," Topp wrote in a 5.2.02 letter to Bistline.

Suit aims to solidify ownership of standoff site   New owners of McGuckin property try to head off any ownership disputes
5.18.02   K.Kinnaird Daily Bee

Sandpoint, ID   Atty for Schmuel & Amy Korengut filed papers in 1st Dist. Court Thursday asking judge to declare them undisputed owner of the 40-acre parcel along Garfield Bay Cut-off Road. The couple also wants the court to prevent anyone else from asserting claims to the parcel. Specifically, suit seeks to block Wells Fargo Bank, Bonner County, McGuckin Trust and its heirs, McGuckin family friend James Stewart, and anybody else who might try to claim ownership of the property.
It was not clear Friday if anybody has attempted to challenge the Korengut's ownership of the parcel. The Sandpoint attorney who filed the papers on behalf of the Korenguts, Ted Diehl, did not return a call seeking comment. The Korenguts live in Basking Ridge, NJ and could not be reached for comment.

… Korenguts purchased the parcel Sept. 2000 for $53,000 after submitting the high bid at a public auction. Bonner County put the parcel on the block for non-payment of property taxes. … The county says Stewart defaulted on the back taxes. … Earlier this month, McGuckin filed suit against the county to obtain the proceeds from the tax sale. That case is pending.

    Idaho mom on mend, wants kids back
    5.31.02   N.K.Geranios AP
Garfield Bay, ID   … These days, the children are in public school, some for the first time, and appear to be thriving in foster care. JoAnn McGuckin has quit drinking and is taking steps to reunite her shattered clan by the end of the summer. "My life is crazy as usual," McGuckin, 46, said this week in a telephone interview.
She has custody of her minor children for part of each week and has settled into routines such as going to soccer games to watch youngest daughter Jane, 8, and son Thomas, 12.
… in an alcohol-free household, is undergoing regular treatments for a variety of ailments and hopes to get her kids back as early as August.

"Things seem to have taken a better turn," said Sandpoint atty Brent Featherston representing the children's interests. McGuckin declined an extensive interview, on her lawyer's advice, but in her brief comments, she was clear she wants full custody. "That would be wonderful," she said.
… As the child-welfare case moved through the courts, it became clear the McGuckin family had been sundered by medical, emotional and financial hardships. … Michael McGuckin died May 12, 2001. Erina came home from the Navy for the funeral, saw the condition of the house and alerted authorities. The McGuckin children now spend part of the week with a foster family and part with their mother.

The children, who used to be home-schooled, attend public school and appear to be doing well, said Bryce Powell, the attorney who represented McGuckin on criminal matters. "JoAnn's attitude has changed dramatically since the first time I met her," Powell said. "I think she's become very remorseful about some of the decisions she made while she was ill and Michael was dying and how those affected her children."
One of the sticking points in reuniting the family has been McGuckin's drinking. She denies having an alcohol problem, saying she drank as a remedy for arthritis and poor circulation. But Erina, who is now a student at North Idaho College, testified in court that her mother often was drunk. In December, McGuckin started receiving Medicaid and now takes prescription medication. She is living on $545 a month in disability benefits.

Under Idaho law, Dept of Health & Welfare has until August to decide whether it will reunite the family or terminate parental rights and find the children a permanent home. "The department has to look at reunification first," Featherston said. "That's the goal."
    custody
Perceptions of
Islam and their influence on American legislative & judicial decisions involving child custody
Kids left in Africa begged for change
8.19.04  
AP

Ibadan, Nigeria   Allegedly abandoned by their American mother in Africa, 7 children from Texas begged small change to buy food and shuttled from a neglectful stranger's care to a concrete-block orphanage, Nigerians said Thursday. …

U.S. authorities, who got the youngsters home last week as Texas welfare officials investigated the mother. Ages 8 to 16, 3 boys & 4 girls, all adopted by the woman, apparently spent 10 months in this market city of millions bustling with traders and crippled & leprous beggars.
A Nigerian welfare official said local authorities first learned about the children only a few weeks ago, and immediately took them into custody and turned them over to the government orphanage. By then, they were skinny, mosquito-bitten and suffering from malnutrition, malaria and typhoid, officials and other people said.

… U.S. authorities believe the 7 American children arrived in Nigeria Oct. 2003 with their mother, whose fiance has a relative here. The mother, Mercury Liggins, 47, left within weeks. She later took a job as a food-service worker in U.S. military mess halls in Iraq, but quit in July, U.S. officials said. She is believed to be back in Houston, but couldn't be located for comment.
Govt workers & others who knew the children said she left them in the care of a businessman, Obiora Nwankwo, who has a well-tended, 2 story house in an affluent neighborhood of Ibadan. The nature of the relationship between Liggins & Nwankwo wasn't known. Nwankwo couldn't be found when an AP reporter visited the home.Nwankwo drove up to the gates of an Ibadan Montessori School on Oct. 16, school officials said. He enrolled the children in classes with what officials here said was benefit money from the children's mother.
"He claimed he was their guardian", principal Johnson Akintayo said. "They were put up in the boarding school." Their new school was clean, fronted by a row of tall palm trees, and the children seemed happy at first. But when the children returned from Nwankwo's home after Christmas break, they appeared underfed & neglected, said girls' boarding quarters matron Victoria Mustafa. "They were very pale and had lost weight," she said. The children began begging classmates and staff for money, using it to buy food.

The matron also remembered Brandy, the eldest at 16, talking longingly about America, her Houston high school, and home. "Brandy would talk about the school where she was, how she loved it." Nwankwo began missing payments to the school, and he complained that staff were being too nosey about the children, Akintayo said. By 7.22.04, all seven children had stopped attending. 6 days later, Ibadan's Association of Women Lawyers alerted local immigration authorities about the children, a social welfare official said, and Nwankwo's home was raided the same day.
The seven were all malnourished. "Some of them were sick, critically ill", with typhoid and malaria, said the official, who agreed to talk about the case only on condition of anonymity. 4 were sick enough to be hospitalized, but eventually joined their siblings at the orphanage, the official said. It wasn't revealed which children went to the hospital. Nigerian officials did not notify the U.S. Embassy, the official added, saying that was because the case was a sensitive matter diplomatically. Some people speculated the govt wanted to get the children healthy first.

The Texan children were fed better than the Nigerian wards at the orphanage, said another adult student living at the orphanage who gave his name as Brahim. "Some of them do not eat well", he said of the Nigerian orphans. At the orphanage, the 7 passed their time playing board games or cadging a staff member's mobile phone to play the games on it. … Their extraordinary ordeal ended only with the chance visit of an American missionary to the orphanage on 8.5.04.
Swarmed by children claiming to be from Texas, too, missionary Warren Beemer quizzed the brothers and sisters about the roster of the Houston Rockets basketball team as a test, according to an account from his church in San Antonio. Ultimately, Beemer launched into the American national anthem. Placing their hands on their hearts, the children joined in, singing out "The Star-Spangled Banner" on the grass-and-dirt yard of the orphanage. Convinced, Beemer contacted officials in U.S., and the children were returned home last Friday and put in the care of 2 foster families in Houston. …

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