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The rest of the story:
A couple of weeks ago, Fred Van Liew, a former
prosecutor, wrote a piece on the op-ed page
of The Des Moines Register wringing his hands
over the case of “a bright and engaging 17-year-old,
a boy with so much promise...a nearly straight-A
student a year from college who attends Central
Academy in Des Moines...a boy who had never
had the slightest brush with the law, until
recently.”
It turns out this anonymous but very bright,
nearly straight-A student “wrongly processed
some credit card applications” at the store
where he was working, which is a pretty polite
way of describing what he did, an action that
the police called theft in the fourth degree.
This let the boy pick up another $100 to $200
in incentive pay, which he wasn’t entitled to.
The store discovered this, and store security
people questioned him, Van Liew wrote. After
two hours in a small room with two security
workers, he said, the honor student “wanting
to get out of the room and get home to his parents...finally
signed a confession.” The store people then
called the police, who handcuffed him and sent
him to the county juvenile detention center,
where the staff called his parents and, a few
hours later, released him. “A couple of weeks
later, the boy and his parents met with a juvenile
court officer who treated both boy and parents
with respect,” Van Liew wrote.
Since he wanted “to get it over with,” the boy
signed an “informal adjustment.” Under the juvenile
justice section of the Iowa Code, an informal
adjustment can take the place of a delinquency
petition. In an informal adjustment, the child
must admit to the charges but is not required
to go on probation supervised by the judicial
system. It is not a “conviction,” and most juvenile
offenders choose this route.
Van Liew wrote the piece after a call from the
boy’s mother. She was “distraught,” Van Liew
wrote, when she called him after the arrest.
“When she called me, she wanted to tell me,
all in one breath it seemed, what her son had
done and how he had been treated. Her boy had
not murdered anyone, he had not burglarized
the home of an elderly couple, he had not assaulted
and robbed someone. But he had done something
wrong.”
“How could this have been handled differently?”
the mother asked Van Liew, who now is a mediator
and the director of the Center for Restorative
Justice Practices in Des Moines. “Wasn’t there
a better way? How many other boys have been
treated this way? What about the boys who are
not honor students? What about the boys of color?
Her boy had accepted responsibility for his
actions, but what about the store? What about
the police? What should she tell her son?”
Van Liew apparently did not go to the store
— it was Sears, according to the police report
— or the police for their sides of the story,
but he wrote his piece, which found a home on
the Register’s op-ed page. Indeed, the Register
ran it as part of “a series of editorials and
essays on juvenile justice in the weeks and
months to come.” If you had ideas to share,
a sidebar noted, “please email Andie Dominick”
at the newspaper.
Register editorial writer Andie Dominick is
the mother of 17-year-old Jacob Wolfe.
Jacob Wolfe is “the bright and engaging 17-year-old,”
the “boy with so much promise,” the “nearly
straight-A student a year from college who attends
Central Academy in Des Moines.” He is the boy
who entered the informal adjustment agreement
with juvenile authorities.
“Are there not ethics in journalism?” asked
an email a lawyer sent to Cityview pointing
out the issue. “Would this not be a salient
fact that needed to be disclosed?” asked the
lawyer, who long has watched juvenile justice
in Iowa from a front-row seat. And in a parting
shot, he added, “Well, it’s the Register, can’t
expect ethics from them, can we?”
In fact, the Gannett ethics code is clear: “When
unavoidable personal or business interests could
compromise the newspaper’s credibility, such
potential conflicts must be disclosed to one’s
superior and, if relevant, to readers.” Some
might say that anonymously running a lopsided
story about your son’s arrest and using it as
a centerpiece to criticize the juvenile justice
system in the county is, first, avoidable. Second,
it’s relevant to readers. Third, it compromises
the newspaper’s credibility. Some might say.
Asked why the piece didn’t name Jacob Wolfe,
Randy Evans, the thoughtful, veteran news guy
who runs the editorial page, said:
“I was responsible for deciding to publish [Van
Liew’s] article without using the name of the
juvenile and without identifying the store whose
employees interrogated the teen for more than
two hours without allowing him to call his parents.
I made those decisions because I believed the
broader discussion of Iowa’s juvenile justice
practices was more important than those details.”
The names of juvenile offenders, including those
who sign informal adjustments, are subject to
the Iowa open-records law, but it appears that
no informal adjustment records ever appear on
courts online. This appears to be because a
different computer system is used for those.
The Register might want to explore this as it
continues its series.
That’s the rest of the story.
Well, not quite.
Told about the story, a Cityview reader — who
knows his way around the Web — referred us back
to Cityview itself and this Aug. 2 item about
disbursements from various municipalities:
“Amount: $210.94
“To: Andrea Wolfe and Jacob Wolfe
“For: Payment to settle a property damage claim
filed by Jacob Wolfe, 17, of Des Moines, after
he was arrested for fraud and identity theft
on June 27. During the arrest, many of his belongings
were placed on the trunk of the police car.
When Officer Darin Miller moved the items, the
cell phone belonging to the boy’s mother, Andrea
Wolfe, fell to the ground and was damaged. The
amount paid was based on warranty replacement
costs including tax.”
Andrea Wolfe is also known as Andie Dominick.
She says her son has not been accused of committing
any type of fraud or identity theft. Indeed,
the city agrees with her and says it made a
mistake on the reimbursement report, which is
a pretty embarrassing and important mistake.
The guy who pointed out the Cityview item had
his own comment on Van Liew’s piece:
It “dripped with white entitlement. Fucking
dripped with it. What he described is how most
people are arrested every day. He is shocked
— shocked! — that the defendant was handcuffed
and booked into a detention facility. That’s
what happens when people are arrested. How dare
the police treat a college-bound white boy from
Central Academy whose mother has a master’s
degree like that? Stuffing a kid into the back
of a police car is for black kids from North,
not for nice white boys with a year of AP credits
already.”
Footnote: Fourth-degree theft in Iowa involves
values of $200 to $500 and is a serious misdemeanor,
punishable by up to a year in jail and a fine
of up to $1,875.
Second footnote: Although an informal adjustment
is not a conviction, and someone who signs one
can honestly say he has never been convicted
of a crime, a person who agrees to one must
disclose that in many circumstances, including
when applying to take the Iowa bar exam.
That’s the rest of the story. ...
Here is a statement from Randy Evans in response
to a request from Cityview:
“Fred Van Liew’s guest opinion article last
month was not the beginning of the Register’s
in-depth examination of juvenile justice issues
in Iowa. This was the third article on the topic
that he has written for the opinion pages in
the past five months. I alone was responsible
for deciding to publish all three of Fred’s
articles. I commissioned him to write these
because of his previous experience as one of
the top assistants to Polk County Attorney John
Sarcone and because of Fred’s more recent work
with so-called ‘restorative justice’ alternatives
in Iowa.
“The Register’s continuing attention to juvenile
justice issues grows out of those articles of
Fred’s and out of the many comments, questions
and suggestions that we have received from readers
since the publication of Fred’s articles. Newspapers
have been conducting in-depth examinations of
broad societal issues like this for decades.
Historically, that is one of the most important
roles newspapers occupy. It would be wrong for
you to portray this as a matter of a Register
employee launching a personal crusade or engaging
in a personal vendetta because of some family
matter. That simply is not true, and neither
Editor Rick Green nor I ever would allow that
to occur.”
In her response, Dominick said, “Nothing published
in the Opinion section benefits any member of
our staff.”
She added that she hopes Cityview continues
“to read the juvenile justice work on the Opinion
page, as there may be a lot for you to learn.”
And that it disclose who wrote this issue of
Civic Skinny. The answer to that: former Register
editor and president Michael Gartner. CV
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