Date: Tue, 5 Jun 2001 00:19:46 -0700
From: apfanning@yahoo.com ("Alan Fanning")
Subject: [lpaz-repost] Fw: News - Sierra Times.com
To: lpaz-repost@yahoogroups.com ("ALP Repost")
From: Lady Lumbee=20
To: Lady Lumbee=20
Sent: Monday, June 04, 2001 10:51 AM
Subject: [justiceforfamilies] News - Sierra Times.com
News - Sierra Times.comhttp://www.sierratimes.com/archive/files/jun/04/arjj=
060401.htm
An Internet Publication For Real Americans Home >> News >> Article=20
Sandpoint: Next Phase of the Battle
(Exclusive Interview with Attorney Edgar Steele)
By J.J. Johnson 06.04.01=20
=A9 2001 Sierra Times.com
SANDPOINT, ID - As the last of the McGuckin family has been removed f=
rom the Garfield bay property, questions are now being raised about the nat=
ure of the charges against JoAnn McGuckin. In an exclusive interview with S=
ierra Times.com, Idaho Attorney Edgar Steele raised issues about why the le=
gal and public relations end of the McGuckin Case seem so chaotic. "The nat=
ional media have folded up the satellites, and are packing to go home, but =
this story is far from over", said Steele.
JoAnn McGuckin, was arrested for child neglect Tuesday. But what led =
to her arrest remains unclear. Court documents obtained by Sierra Times sho=
w that the Bonner Country Prosecutor, Phil Robinson testified under oath of=
malnourishment and lack of electricity at the McGuckin home. "On [May 17th=
], the children were in tents, ill, no food, and on the verge of starvation=
", said Robinson in Magistrate Debra A Heine's Court. It was even reported =
at this hearing that one of the children has stress fractures due to malnut=
rition. It was these charges which led to the warrant for JoAnn McGuckin's =
arrest.
But after 5 days in a standoff situation - after the mother was taken=
into custody, the children were driven past Sheriff's barricades in a larg=
e sport-utility vehicle at about 6 p.m. Saturday. They were taken to a hosp=
ital in nearby Sandpoint, where officials said they were in good condition =
and had no injuries.=20
The Idaho Observer reported on Benjamin McGuckin's case stating: "Ben=
jamin was given a physical after being taken into custody and s reportedly=
in excellent health. Benjamin reported that there is plenty of food and wa=
ter in the house.
The Observer also reports that in the past there were only two report=
s about the dogs - numbering about 15. Sierra Times has learned that many o=
f the dog pack were in fact puppies. As of this time, the area is still cor=
doned off, and no one knows the condition of the dogs.
''They're in very good shape,'' said Susan Montgomery, director of nu=
rsing as reported in the Associated Prss. Nancy Johnson, Sierra Times Lega=
l Analyst said, "the evidence leads to a question of perjury by the prosecu=
tor in open court."
Nancy Johnson - Legal Anaylist
Believes Prosecutor
Perjured himself=20
Johnson also questions the manner in which the prosecutor testified h=
imself. "There is clear case law on this. Prosecutors should not be their o=
wn witness at a hearing to determine probable cause to issue a warrant. By =
testifying as a witness as to probale cause for an arrest warrant, the pro=
secutor destroyed his absolute immunity because he acted as a witness, not =
a prosecutor. This means that if Mrs. McGuckin decides to sue him for a civ=
il rights violation, he is no longer immune.", Johnson concluded.
Steele told Sierra Times is he is "glad the children have been remove=
d safely". He also gave praise to the Bonner County Sheriff's office on how=
they handled the situation. Much of the telephone interview was used to de=
flect false and misleading rumors that are cropping up - specifically on th=
e Internet.
The first was one of his possible disbarment. "I have offices in both=
California and Idaho. I have received no reports from either bar concernin=
g any actions taken against me. I am still a licensed attorney". Said Steel=
e.
Attorney Edgar Steele
Heavily critized many internet reports=20
Another was an Internet message saying, ".Attorney Edgar Steele on Th=
ursday warned that antigovernment activists from around the country would c=
onverge on northern Idaho if the children's mother was not released from ja=
il." Steele passionately denied making any such statements saying, "It's st=
uff like this that we don't need out there."=20
Steele insists the battle can be won in the court. Sierra Times can c=
onfirm the above statements cannot be attributed to Steele.
During the hearing when the bail was raised from $10,000 to $100,000,=
the prosecutor argued for a higher bond not because JoAnn was a flight ris=
k; not because she was a danger to the community, but "to keep her away fro=
m her children". This alone is a violation of Mrs. McGuckin's civil rights,=
said Nancy Johnson.
Steele said he was told of JoAnn's alleged request that he communicat=
e only through her court appointed attorney. He was never told this by JoAn=
n face to face, and he did not feel the arrangement was in her best interes=
ts. Experts say that Steele is eminently more qualified than the young publ=
ic defender, who appears o be too chummy with county officials. However, r=
ather than pressing the issue, Mr. Steele felt withdrawal was prudent.=20
Nancy Johnson has been in the same situation. "An incarcerated victim=
of government excess (Nancy's client held off police for four hours on Hig=
hway 78 in San Diego) is emotionally fragile", said Johnson, "Jail is a bad=
place to be, and it is easy for the jailers to manipulate the victim and t=
urn her against even a well-meaning, pro bono, attorney." In this case, Nan=
cy questions the propriety of the public defender's visit with Mrs. McGucki=
n after she had agreed to Mr. Steele's representation. "Contact with a repr=
esented person in the attorney's absence is strictly prohibited by the ethi=
cal rules."
Mr. Steele remains willing and eager to help if Mrs. McGuckin so requ=
ests (in person), or to represent anyone else in her family. Steele did not=
give any indication that she was a threat to herself or in bad health of a=
ny kind. He said the best hpe for the truth coming to light is if JoAnn is=
released from jail as soon as possible. Those handling the trust for the M=
cGuckin family say donations and pledges are pouring in, but more are neede=
d.
Steele indicated that this in not an unusual case. "I have received n=
umerous communications from across the country from victims who have suffer=
ed the same fate - losing their land by the hands of authorities for bogus =
reasons."
The whereabouts of the children are unknown at tis time. Neighbors a=
re concerned as well. Several, who spoke with Sierra Times on condition of =
anonymity, stated that JoAnn had been very concerned about "the government =
taking her land". One stated that the 40 + acre parcel around Beaver Lake "=
would make a prime nature conservancy." All who spoke with Sierra Times sai=
d there were never any indications that the children had faced starvation o=
r malnutrition.
Neither the investment firm of Korenngut, Schumel, & Amy, nor attorne=
y 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 com=
ment.
Sierra Times has confirmed that the Bonner County Sheriff's Office ha=
s no order to take the property at this time.
Sierra Times will continue to monitor this situation as it develops.
Donations to the bail bond fund may still be made to: McGuckin Family=
Trust, PO Box 1255, Sagle, ID 83860. Rest assured that every penny contrib=
uted to this fund will inure directly to the benefit of only members of the=
McGuckin family.
The McGuckin Family
Related: Lesson in Demonization
By Ray Thomas
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