Mar. 30, 2010: Bullying fallout

GOING BACK OVER THE
BULLYING INDICTMENTS, WHY
WEREN'T SCHOOL OFFICIALS
CHARGED?
WITH NINE TEENAGERS NOW
CHARGED IN BULLYING
BEHAVIOR THAT PROSECUTORS
BELIEVE LED TO 15-YEAR-OLD
STUDENT'S PHOEBE PRINCE'S
SUICIDE, FOCUS HAS SHIFTED
TO THE ADMINISTRATORS AT
SOUTH HADLEY HIGH SCHOOL.
ESPECIALLY AFTER WE
LEARNED THAT THE SCHOOL
ADMINISTRATORS KNEW ABOUT
THE BULLYING AND DID
NOTHING TO STOP IT.
DESPITE THEIR INITIAL
CLAIMS THAT THEY KNEW
NOTHING OF THE BULLYING OF
PHOEBE PRINCE, SCHOOL
OFFICIALS IN SOUTH HADLEY
WERE AWARE SAYS
NORTHWESTERN DISTRICT
ATTORNEY ELIZABETH
SCHEIBEL.

>> SOME BY-STANDERS,
INCLUDING AT LEAST FOUR
STUDENTS AND TWO FACULTY
MEMBERS INTERVENED WHILE
THE HARASSMENT WAS
OCCURRING OR REPORTED IT
TO ADMINISTRATORS.

>> SCHEIBEL SAYS SHE
CONSIDERED IF THE SCHOOL'S
INACTION AMOUNTED TO
CRIMINAL BEHAVIOR AND
CONCLUDED IT DIDN'T.
BUT SHE DID SCOLD THEM FOR
FAILING TO SPB RESPOND.

>> THE ACTIONS OR
INACTIONS AT THE SCHOOL
ARE TROUBLESOME.

>> SOME ARE SAYING IT IS
DISGRACEFUL THAT SCHOOL
OFFICIALS AREN'T BEING
HELD RESPONSIBLE.

>> THE SCHOOL OFFICIALS
SHOULD BE BROUGHT UP ON
CHARGES BECAUSE THEY DID
NOTHING.

>> WITH ME ARE JOHN SCIBAK
FROM SOUTH HADLEY, AND
ATTORNEY DAVID FRANK FROM
MASSACHUSETTS LAWYERS
WEEKLY.
WELCOME TO BOTH OF YOU.

>> THANK YOU.

>> THANK YOU.

>> REPRESENTATIVE, I'M
WONDERING WHAT IS THE
TENOR OUT THERE?
SOUTH HADLEY HAS SORT OF A
NEGATIVE REPUTATION
BECAUSE THE STUDENTS
CONTINUED THIS BULLYING
BEHAVIOR AFTERWARD.
THE SCHOOL DIDN'T WANT TO
DISCLOSE ANYTHING, AND IT
NOW APPEARS THEY DID
LITTLE.
IS THE TENOR IN THE
COMMUNITY TURNING AGAINST
THE SCHOOL?

>> I THINK IT REALLY HAS.
IT DIDN'T IN THE BEGINNING
WHEN PEOPLE WANTED ANSWERS
TO THE QUESTIONS.
AND THEY WERE TOLD THERE
WAS AN INVESTIGATION GOING
ON.
AND THINGS HAD SETTLED
DOWN.
I THOUGHT THE COMMUNITY
TURNED THE PAGE.
THERE IS AN ANTI-BULLYING
TASKFORCE, I'M A MEMBER OF
THE TASKFORCE.
AND ALL OF A SUDDEN, THE
SHOCKING PRESS CONFERENCE
YESTERDAY IN TERMS OF THE
CHARGES.
BOTH IN TERMS OF THE
NUMBER OF CHARGES, THE
PHER RESULT OF THE -- THE
SEVERITY OF THE CHARGES
THREW THE WHOLE COMMUNITY
FOR A LOOP.

>> NOW IN HEARING THIS
REPORT, DO YOU THINK MORE
ACTION SHOULD BE TAKEN
AGAINST THEM?

>> I THINK BASED ON WHAT I
HEARD FROM THE DISTRICT
ATTORNEY, ABSOLUTELY.
THERE NEEDS TO BE A FULL
INVESTIGATION AS TO WHO
KNEW WHAT AND WHEN DID
THEY KNOW IT.
PARENTS FEEL THE SCHOOL IS
A PLACE WHERE CHILDREN
SHOULD BE SAFE, WHERE THEY
FEEL COMFORTABLE SENDING
THEM, AND RECOGNIZING IF
THERE ARE PROBLEMS, THEY
WILL BE ADDRESSED.
TO HEAR THAT THE PARENTS
SAID TWICE TO THE
ADMINISTRATORS THAT THERE
WERE PROBLEMS AND THE
CALLS WERE UNHEEDED IS
UNACCEPTABLE.

>> DAVID, BY ALL ACCOUNTS,
THE D.A. IS VERY DILIGENT
AND VERY PROFESSIONAL, AND
SHE PROBABLY WOULD HAVE
BROUGHT CRIMINAL
COMPLAINTS, IF THEY WERE
ABLE TO.
WHY COULDN'T SHE FIND ANY
CRIMINAL LIABILITY THERE?

>> THERE IS NO LAW IN THE
BOOKS THAT WOULD BE
APPROPRIATE.
THERE IS NO SUCH THING IN
MASSACHUSETTS AS CRIMINAL
NEGLIGENCE.
THAT WOULD ALLOW A D.A. TO
CONDUCT AN INVESTIGATION
AND INDICT A TEACHER IN
CONNECTION WITH THIS
INCIDENT.
THERE IS A REALLY BIG
DIFFERS, JARED SAYING I
DON'T LIKE WHAT A
PARTICULAR TEACHER OR
SCHOOL OFFICIAL D-AND THE
DIFFERENCE BETWEEN THAT
AND HAVING SOMETHING RISE
TO THE LEVEL OF A CRIMINAL
CHARGE.
I THINK THE D.A., IN WHAT
WE SAW YESTERDAY, VERY
AGGRESSIVELY WENT AFTER
THE KIDS THAT SHE FEELS
ARE RESPONSIBLE.
BUT TO THEN EXTEND THAT TO
A TEACHER AND COME UP WITH
SOME SORT OF CRIMINAL
THEORY OF LIABILITY THAT
WOULD ALLOW THEM TO COME
TO COURT, I DON'T SEE IT.

>> BUT CIVIL IS DIFFERENT.
IS THAT GOING TO CHANGE?
ARE PEOPLE GOING TO GO
AFTER THIS FACULTY AND
ADMINISTRATION FOR CIVIL
COMPLAINTS?

>> THAT'S A GOOD QUESTION.
CIVILLY, THERE IS
CERTAINLY A POSSIBILITY
THAT A LAWSUIT CAN BE
FILED.
BUT IT IS GOING TO BE VERY
DIFFICULT.
BECAUSE YOU'RE DEALING
WITH TEACHERS THAT WORK IN
PUBLIC SCHOOLS.
WHEN YOU LOOK AT LAWSUITS
INVOLVING PEOPLE THAT WORK
FOR THE GOVERNMENT, PUBLIC
OFFICIALS, WHETHER THEY'RE
TEACHERS, ADMINISTRATORS,
POLICE OFFICERS, WHOEVER,
THERE ARE CAPS ON HOW MUCH
YOU CAN GO AFTER A PUBLIC
OFFICIAL.
AND THERE ARE A BUNCH OF
DEFENCES THAT WOULD IN ALL
LIKELIHOOD COME INTO PLAY
IF THERE IS A LAWSUIT.
THAT DOESN'T MEAN IT WON'T
HAPPEN.

>> REPRESENTATIVE, THAT
SAID, YOU WANT A THOROUGH
INVESTIGATION, BUT TWO
WHAT END IF THERE CAN'T BE
ANY RESOLUTION IN COURT?

>> THERE IS CERTAINLY
POLICIES ADOPTED BY THE
SCHOOL DEPARTMENT AND THE
SCHOOL COMMITTEE, IN TERMS
OF ACTIONS THEY DEEM ARE
APPROPRIATE AND NECESSARY
ON THE PART OF THEIR
STAFF.
AT THE VERY LEAST, WHAT IS
SURPRISING IS THE
STATEMENT THAT CAME OUT OF
THE SCHOOL ADMINISTRATION
SAYING WE HEARD SOME FACTS
FROM THE D.A.'s
INVESTIGATION THAT WE ARE
UNAWARE OF.
WE NEED TO CONTINUE TO
INVESTIGATE.
I THINK THEY SHOULD.
LET'S SEE WHO KNEW WHAT
AND WHEN THEY KNEW IT.

>> DO WE REALLY BELIEVE
THEY WEREN'T AWARE.
THEY'RE SMALL SCHOOLS,
THERE IS COMMUNICATION
HAPPENING THERE.

>> I WOULD SUS SPENT THEY
PROBABLY DID.
I ALSO SUSPECT YOU COULD
BE SITTING IN A ROOM THE
SIZE OF A CAFETERIA OR
EVEN A LIBRARY, ALLEGEDLY
WHERE ONE OF THE EVENTS
HAPPENED, AND STUDENTS
COULD BE BULLYING A
STUDENT AT ONE END OF THE
ROOM, AND THE TEACHER AT
THE OTHER END PAYING THAT
CLOSE ATTENTION TO KNOWING
WHAT IS BEING SAID.
ARE THEY GOOFING AROUND OR
ACTUALLY SOMETHING
SERIOUS.
I THINK IT IS IMPORTANT
NOT TO MINIMIZE THIS.
I THINK THE COMMUNITY, I
THINK THE STATE, AND I
THINK THE NATION AS A
WHOLE, SEEING THESE
CHARGES IS TAKING THIS
VERY, VERY SERIOUSLY.

>> THEY CERTAINLY ARE NOW.
DAVID, WHAT IS THE
STRATEGY HERE?
A LOT OF PEOPLE ARE
TALKING ABOUT HOW MANY
CHARGES HAVE COME AGAINST
ALL OF THESE INDIVIDUALS.
IT IS A MULTI-PRONGED
APPROACHED OR IS THIS ALL
GOING TO STICK ALL THE WAY
THROUGH?

>> IF I HAD MY LEGAL
CRYSTAL BALL, I WOULD MOVE
TO VEGAS.
THE REALITY IS SOME OF THE
CHARGES COULD BE PRETTY
TOUGH.
STATUTORY RAPE, IN TERMS
OF THE SIMPLEST OF THE
CHARGES, THAT SEEMS TO BE
A PRETTY STRAIGHTFORWARD
ALLEGATION.
IF THERE WAS SEXUAL
RELATIONSHIP BETWEEN THE
VICTIM AND THESE TWO
INDIVIDUALS THAT HAVE BEEN
CHARGED AND THE D.A. COULD
PROVE IT, IT WOULD APPEAR
TO BE A STATUTORY RAPE.
FARES THE CIVIL RIGHTS
VIOLATIONS AND THE
STALKING AND SOME OF THE
OTHER ALLEGATIONS, YOU'RE
DEALING IN SOME INSTANCES
PEOPLE UNDER 17 INDICTED
AS YOUTHFUL OFFENDERS.
THAT IS NOT A SIMPLE WAY
TO MOVE THROUGH THE
PROCESS.
IT REALLY WILL DEPEND ON
WHAT COMES OUT OF THAT
GRAND JURY INVESTIGATION.
THE INVESTIGATION IS DONE,
AND AS THE CASE MOVES
ITSELF INTO COURT, THE
LAWYERS REPRESENTING THESE
DEFENDANTS WILL HAVE A
CHANCE TO LOOK AT THAT
EVIDENCE.
WILL HAVE A CHANCE TO LOOK
AT EXACTLY WHAT WAS
PRESENTED TO THE GRAND
JURY.
AND THEY'LL HAVE TO
ESSENTIALLY FIGURE OUT
WHAT THE BEST LEGAL
DEFENSE IS, IF THERE IS
ONE.

>> REPRESENTATIVE, I KNOW
YOU'RE VERY FAMILIAR WITH
THE DETAILS OF THIS CASE
AND WHAT HAPPENED OUT
THERE.
AND A LOT OF PEOPLE ARE
WONDERING ABOUT THE
STATUTORY RAPE CHARGES AND
WHERE EXACTLY THAT COMES
INTO PLAY.
CAN YOU GIVE US ANY
INSIGHT INTO WHAT HAPPENED
THERE?

>> I REALLY CAN'T, OTHER
THAN WHAT PEOPLE HAVE SEEN
IN THE MEDIA.
CLEARLY THIS APPEARS THIS
REALLY EMERGED OUT OF A
DATING RELATIONSHIP, A
--A RELATIONSHIP THAT SOME
SAID WENT BAD OR CHANGED.
I KNOW NO MORE THAN WHAT
YOU DID READING IT.
AND THAT'S ONE OF THE
UNFORTUNATE THINGS, PEOPLE
ARE BASING JUDGMENTS AND
MAKING DECISIONS ON IDOL
SPECULATION, AND THAT'S
WHEN THE D.A.'s
INVESTIGATION AND REPORT
IS REALLY CRITICAL.

>> I CAN TELL YOU IN THE
LEGAL COMMUNITY TODAY,
THERE WERE A LOT OF PEOPLE
SCRATCHING THEIR HEADS.
IT IS REALLY UNUSUAL, NOT
ILLEGAL OR IMPROPER, BUT
TO HAVE A 17-YEAR-OLD
DEFENDANT INDICTED FOR
STATUTORY RAPE WITH A
15-YEAR-OLD VICTIM.
THAT'S NOT THE NORMAL
COURSE.
I RECOGNIZE THIS CASE IS
COMPLETELY DIFFERENT THAN
A REGULAR CASE, BUT VERY
UNUSUAL TO SEE A STATUTORY
RAPE INVOLVING PEOPLE OF
THAT AGE.

>> HAS ANYBODY IN THE
COMMUNITY REACHED OUT --
HAS THE SCHOOL REACHED OUT
TO THE FAMILY?

>> THERE HAVE BEEN A
NUMBER OF COMMUNICATIONS
BETWEEN MEMBERS OF THE
FAMILY AND INDIVIDUALS IN
THE COMMUNITY EVER SINCE
THE INCIDENT HAPPENED.
THE FAMILY HAS ASKED FOR
SOME RESPECT FOR THEIR
PRIVACY, AS WELL AS THE
GRIEF PROCESS, AND THE
COMMUNITY HAS ALSO TRIED
TO RESPECT THAT AS WELL.

>> HAVE THEY GONE BACK TO
IRELAND AT THIS POINT?

>> NO, THEY HAVE NOT.
THEY MOVED OUT OF SOUTH
HADLEY, BUT ARE STILL
LIVING IN THE UNITED
STATES.

>> AS ALWAYS, THANK YOU SO
MUCH.
AND WHEN WE CONTINUE,
BILLIE'S BACK.