At 12:45 p.m. on Tuesday, September 10, 2013, in Courtroom 108 of the Sterling, IL, branch of the Whiteside County Courthouse, Associate Judge William McNeal continued the Pretrial Conference proceedings from Tuesday, August 20. From the start, it seemed to this reporter that the atmosphere was somewhat strained compared with past sessions. For one thing, His Honor did not begin with his usual warm greeting of the defendants, half-brothers who are charged with starting a Main Street fire on Monday, July 15, in Prophetstown, IL.
Judge McNeal is always polite and respectful to those in his court. Today, however, he was more “direct” and sometimes forceful in his tone to Boy-16 and his mother, Laurie, as he sought information to make a most difficult decision. He had to decide whether or not to release Boy-16 from his grandparents and return him to his mother, so the boy could attend school in Oshkosh, WI.
Problematic testimony over the next hour made it clear why this was a classic dilemma, where both courses of action are undesirable. During the process, Judge McNeal would make his feelings known about that testimony.
He identified those present for the record:
- Boy-12 and his Defense Attorney, Colleen Buckwalter
- Boy-16 and his Defense Attorney, Mark Holldorf
- Prosecutor Carol Linkowski of the Whiteside County States Attorney Office
- Victim’s Advocate Bonnie Espey
- Supervisor of the Whiteside County Juvenile Probation Office, Kenneth Burn
- the children’s father, Michael, and his current wife, Mary, who have supervision of Boy-12
- paternal grandparents Greg and Tamara, who have supervision of Boy-16
- the mother of Boy-16, Laurie, and her mother, Sally
- a pastor
- members of the press.
The mother of Boy-12, a New York resident, was not present. She had been served a summons and petition.
The younger boy continues under home supervision in Prophetstown with his father and stepmother, which was set at his arraignment, Tuesday, July 16. The Court modified his status to attend the Safe Schools Program and church with his father. Defense Attorney Buckwalter reported to the judge that “[Boy-12] attended Safe School [at the Regional Office of Education in Sterling, IL,] yesterday [Monday, September 9,] in the ROE office.”
Boy-16 had been evaluated for an Individualized Educational Program (IEP) and to assess the possibility of allowing him to attend church and be at Michael’s residence. The boy could be allowed at his father’s house if he wore a second monitor unit, with time at both residences recorded. The majority of his time will continue to be with Greg and Tamara.
Judge McNeal posed a series of questions to the principal parties. Supervisor Burn stated the “out-of-State IEP would be accepted from Wisconsin as accurate and appropriate for here, at Bi-County [Special Education Co-Operative, in the] Self-Contained Emotional Disorder classroom at Thome [Education] School.”
Michael also has taken Boy-16 to church. “The congregation was amenable to it,” he told the judge.
Buckwalter requested an early-October Pretrial Conference date; Prosecutor Carol Linkowski suggested Tuesday, October 8, at 1:00 p.m.
From here, the decision of what to do about Boy-16 became less clear-cut. For example, Boy-16 was allowed at the home of Michael and Mary, because Tamara is attending school now.
Defense Attorney Mark Holldorf filed a motion on Thursday, September 5, requesting Boy-16 be returned to Wisconsin, placed on electronic monitoring at Laurie’s house, and allowed to attend school there.
On the witness stand, Burn stated Wisconsin’s Winnebago County Probation Office’s Juvenile Department can monitor him with an electronic GSP system. Boy-16 was on probation there and while he lived in Prophetstown. He will see a new Probation Officer–Ms. Salazar–if he returns. Burn spoke with Salazar but did not ask her about attending school. He added Boy-16 has complied with Whiteside County’s probation terms and said “no one has been harmed since he was placed on electronic monitor.”
Judge McNeal responded, “It’s speculative what constitutes ‘harm’ while on electronic monitoring.”
Two Wisconsin misdemeanor petitions had been filed against the boy for disruptions at school and with his mother and her “paramour,” Jeff. While he lived in Illinois, Wisconsin did not provide any supervision over Boy-16’s probation.
Burn praised the technology of the GPS monitor. “It has the ability to be more technologically advanced,” but he admitted it can only tell if Boy-16 is out of range, not where he is. Their staff would have the ability to monitor the youth 24 hours a day, but it is not guaranteed they would.
Laurie took the stand and answered questions from the judge and Holldorf. She stated her son “does good in school, [earning] A’s, B’s, and one C.” Neither she nor her mother, Sally, work outside their homes; Laurie could drive her son to and from school. She promised to comply with requirements and get the boy here for Court dates. She added, “He’s not in school now, with all that’s going on.” His Honor asked what kind of school he would attend in Oshkosh.
“A normal high school, a self-contained class with seven or eight people, to meet his learning problems.” Her son was in a self-contained class in Wisconsin, but was taken out for two years while living in Prophetstown. She has had him back since February 2012, “because the school here wanted to kick him out. He wasn’t getting along. He had a few incidents in the Wisconsin school, but nothing major,” she concluded.
Prosecutor Linkowski began her objections to releasing Boy-16 to his mother’s custody. In 2007 he set a school fire in the boys’ bathroom. One of the men countered that “it was an elementary school, not the same school or kids” where Boy-16 would go to now. She said the State damage, with over a dozen victims, is $2,500,000. The boys had set other fires according to Illinois State Police. In 2012 the older boy received deferred prosecution and was placed on formal supervision in 2013 from that offense.
Burn explained this was because he was a minor engaged in violent and disorderly conduct. The case was adjudicated, and Boy-16 was placed on probation.
Holldorf countered, “The GPS sounds better than ours [and is] 24 hours a day, depending how often they would monitor [it]. “There are three people to monitor him [Laurie, Jeff, and Sally.] He’s complied with all pretrial requirements for a month-and-a-half, completely complied. I would choose for him to go back to the place he’s familiar with. He’ll never be able to pay the restitution. He set the [school] fire when he was ten years old. There is no reason to keep him in Illinois except for punitive reasons. It is not in his best interests to sit at his grandfather’s house.”
Linkowski concluded her office “objects to letting [Boy-16] leave the State, [because of] the number of felonies and concerns of follow-through with Wisconsin. [The] Probation [Department] in Wisconsin made no effort to determine supervision while [the boy] was here on probation. Multiple (three) fires in recycling bins were set that night [of the Prophetstown fire]. We’re just lucky only one took off.” She reiterated that in 2012, Boy-16 was verbally and physically aggressive in a confrontation with Mom and her boyfriend. He was in detention for seven days.
Next, Judge McNeal cited trial conditions from his computer. He was deliberate, but paused several times between items that would guide his ruling, sometimes frowning as he considered the options. One could sense his struggle. Which criteria should carry more weight? What risk level did he sense at this time? Would he trust another State’s agency to monitor the boy adequately to prevent a diaster?
“The trial conditions must assure the safety of people and the community and make sure [parties] show up.”
Linkowski indicated “additional charges may be filed, but not greater” than the ones on record.
“The evidence in this case is rather strong,” the judge replied, “but there is no evidence Boy-16 would flee.” Judge McNeal alternated negative and positive comments, as if debating with himself to find the best solution. “The Court can take into consideration probation in the past and prior involvement in the Criminal Justice System, but Boy-16 has [shown] cooperation with Law Enforcement. He has been on electric monitor in this County for a significant amount of time, [but there were] no violations. Boy-16 is not going to school–which bothers me–but he could go to school here. At Thome [Education School] he had problems and problems with Mom. Boy-16, that concerns me!”
The most damning comments concerned the risk of him setting future fires. The “prior criminal conduct is disturbing,” as the boy set a fire at a school [six years ago.] “To this day Boy-16 is still involved in setting fires.” Even under supervision, the judge said, he could figure out a way to set them.
Through her tears Laurie answered, “I understand what my son has done is bad, and I understand he needs to be punished. But I believe he needs to be in school.”
After a quiet moment, the judge made his ruling. “Over the State’s objection, I am going to allow Boy-16 to reside with his mother in Wisconsin, so long as he can be enrolled at the school where he was.”
Laurie responded, “They want him back.”
He continued with the terms of the ruling. “It would be required that Mom drive him directly to the Probation Department in Winnebago County. He must report two times a week to the Probation Department in person. Other than going to school,” Boy-16 will remain under home detention, using electronic GPS monitoring, with his mother and Jeff. He will be “allowed to go to church, but not to a youth group. He cannot go to Grandma’s. Mom, you understand that the Probation Department can come to your house at any time to check on compliance. If there are any problems [you have] to let Kenneth Burn know. If you don’t, the Prosecutor can file a warrant and return him to detention in Illinois.”
Holldorf added the Wisconsin Probation Department may require counseling.
“The order takes effect when the monitor is off, and Mom is driving directly to the [Probation Department in Oshkosh].
Judge McNeal forcefully directed his last remarks to Boy-16. “I want to emphasize to you this case is far from over! If there is a finding of guilty, [it could] result in [your going to] jail for seven years. I’m taking a big chance.” He explained what would happen if there were any probation violations.
Boy-16 remained still, listening, but he did not look the judge in the eye.
Pretrial Conference proceedings were continued until Tuesday, October 8, at 1:00 p.m.