Finally, Someone Acts Like An Adult: District Attorney Drops Charges Against Bullied Teen Who Recorded His Tormentors
from the and-to-think,-this-all-could-have-been-prevented dept
South Fayette School in Pennsylvania, along with a complicit criminal justice system, recently made headlines with its groundbreaking anti-bullying program, which apparently deters bullying by punishing bullied students.
Here's a short recap:
A bullied student used an iPad to make an audio recording of other students abusing him. He brought this to school administration who a) called in a police officer (after being advised by its legal team that this might be a violation of the state's wiretapping law) and b) deleted the recording.
The police officer, unable to actually bring a felony charge against the minor, settled for disorderly conduct. This charge brought him before a judge, who first stated her firm belief in the school's inability to do wrong before finding him guilty.
Throughout the entire debacle, not a single person involved even considered the possibility that the student had committed no crime or the fact that he had followed all of the school's prescribed steps for reporting bullying incidents. Instead, the desire to punish someone was obliged every step of the way.
Finally, someone within the justice system has chosen to act like an adult, rather than a bunch of clique-y, vindictive children.
Stanfield (the student) had announced that he and his attorney would file an appeal to that ruling but his fight may already be coming to an end. Today, Benswann.com has been told by Stanfield’s attorney that the District Attorney will allow the appeal to go forward but will no longer pursue this case.More specifically, both the wiretapping charge (which was apparently still brought despite the involved officer's statement otherwise) and the disorderly conduct charge (which the judge found the student guilty of) were dropped.
A wiretapping charge against a South Fayette High School student who recorded two classmates bullying him has been dropped by the Allegheny County District Attorney's Office.Odd that a police officer wouldn't talk to a district attorney. Unless, of course, a little bit of hindsight made him realize his every move fell between vindictive and buffoonish. Lt. Murka, who apparently considered both wiretapping and disorderly conduct to be appropriate "remedies" for a bullied student recording his tormentors, seems to have recused himself from the public eye. Manko, speaking for the DA, hits the heart of the issue -- one simple sentence that any of those involved could have deployed to call an end to this ridiculous situation before it ended up in front of a judge: "We do not believe this behavior rises to the level of a citation."
Mike Manko, a spokesman for District Attorney Stephen Zappala, said Judge Robert Gallo signed an order Thursday to withdraw the citation against 15-year-old Christian Stanfield.
"No one in our office who is authorized to give advice on wiretap issues or school conduct issues was ever contacted in this matter. We have made multiple attempts to contact the officer who wrote the citation and (the) results have been unsuccessful," Manko said in a written statement. "We do not believe this behavior rises to the level of a citation."
The school has now gone on record to declare it's everyone else who's wrong:
The South Fayette Township School District wishes to address recent reports in the local and national media concerning a student of the South Fayette Township School District. It is to be noted that certain information being disseminated by the media is inaccurate and/or incomplete.Rather than clear up what exactly was "inaccurate and/or incomplete" about the reporting, it instead has chosen to hide behind "confidentiality."
The School District is legally precluded from commenting specifically in regard to these reports as the issue involves a confidential student matter.Considering the story has been all over the news, it seems a bit weak to claim the matter is still "confidential." It would seem it could comment on any of the specifics already in the public domain. The story has gone nationwide, so it's disingenuous to pretend it's still a "confidential" matter.
While it's nice that the DA has dropped the charges and allowed the student to proceed through school without criminal charges hanging over his head, one wonders if this same outcome would have forthcoming without the attendant public outcry. Any adult can start acting like one with enough public shaming. But the application of a little common sense would have averted this incident completely.
A bit more troubling is one of the suggestions that escaped the lips of a local politician who showed up to the teen's "not a criminal" celebration.
State lawmaker Jesse White joined the rally, telling Stanfield he wants to name a law after him. He said it would close the loophole in the wiretapping law and allow victims of bullying to record it as proof for police and school officials.His opportunistic heart's in the right place, but naming laws after people often indicates the new law is a bad one. This isn't an issue where a new law will fix things. This is an issue where no one in this chain of events showing the courage (and common sense) to stand up and ask why they were punishing a bullied kid for recording bullies.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: bullying, recording, students, wiretapping
Reader Comments
Subscribe: RSS
View by: Time | Thread
Back It UP!
[ link to this | view in thread ]
Doesn't wiretapping laws apply to telephone conversations? I guess anyone who records high school football games, is an alleged felon according to the so-called 'judge' in Fayette county.
After all, modern day 'justice' systems aren't really about dealing 'justice'. They're about dealing out convictions. Nothing more.
In my local county, our court has over a 98% conviction rate. It doesn't matter if the original charges brought against someone sticks or not.
Around here, and I'm sure it's the same all over America, the Prosecutor will keep lowering the charges if you're falsely accused of a felony. They'll even lower it to a misdemeanor, but you're not walking out of the court house scott-free without being convicted of something.
[ link to this | view in thread ]
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Back It UP!
And while we're at it, cancel extra-curricular activities at all levels until the entire staff of the district demonstrate proficiency in critical thinking.
[ link to this | view in thread ]
Re: deal with bullies
[ link to this | view in thread ]
dumb statement
That's a dumb statement. There may have been dumb laws that were named after someone, but they're being named for someone didn't "indicate" anything.
There are also instances of good laws named after people. It's a way of getting public support for legislation, nothing more.
[ link to this | view in thread ]
Re: dumb statement
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: dumb statement
[ link to this | view in thread ]
Any US attorneys wanna chime in with whether or not a with prejudice can be obtained if the DA doesn't make a showing?
Also the charge of disorderly conduct I would surmise cannot technically be dropped (only quashed maybe) since the defendant has already been found guilty of it by a lower court and has not gone to a higher court yet on appeal. Or does your sentencing/charge system work totally different than anywhere else?
[ link to this | view in thread ]
[ link to this | view in thread ]
Bullies protecting Bullies.
[ link to this | view in thread ]
Government prosecution of criminal offenses. Will use tactics like overcharging with unrelated and mostly ridiculous charges to acquire a guilty verdict via a "plea deal". Conviction rate is how he is judged.
Police Officer - wants criminals.
Is not a law specialist. Relies on other Government parties to tell him what to do. Getting the "criminal" is all he is interested in. Can use questionable tactics to get what he wants. His word will always be held as more important because he said it. Arrest rate is how he is judged.
School "board" - wants an APPEARING to be, perfect school.
No bullying exists at the school = "better school" = more funds = higher wages for those up top. Bullying is a problem for the school IF people find out that there is a bullying problem. In the same way that pupils who don't pass a test are a problem IF people find out. Education is irrelevant, only test results are relevant to them.
"Performance rate" in multiple(too many) areas is how they are judged.
They all use authoritarian methods to subjugate people to get what they want. The system more or less asks for it.
The DA can charge someone with apparently anything.
The cop can arrest a person for apparently anything using only his word.
The school can "discipline" a student for apparently anything.
I would check to see what else the school was doing. How many "low test scoring" pupils have been thrown out etc... ?
Not that you could do anything about it. The system sucks.
[ link to this | view in thread ]
Re:
The kid probably didn't score too good on tests either. So not only was he trying to attack the schools "level of bullying at this school" stats, he also was attacking the schools "test result" stats.
Not justifying it. They are scumbags for being like that. They truly are the selfish scum of the earth.
[ link to this | view in thread ]
Sue, Sue, Sue
[ link to this | view in thread ]
He must have been asking for it.
Other students at the school don't like him, bully him.
School administrators see the kid, and proof of bullying...and THEY bully him and call the cops on him!
Cop sees him, says "You must be guilty of something...one from column A, one from column B." and hauls him off.
Judge sees him, says "You're guilty of whatever they charged you with. Case closed."
Man, at every step of the way this poor kid elicits a real negative response-not just from the other kids, but from adults-in their PROFESSIONAL roles! The unanimity of negative response to this kid is mind-boggling. He should be studied. Maybe he emits some kind of pheremonal scent opposite that of babies or something. Alternatively, there's more to the story that hasn't come out. I'd suspect that, rather than the existence of some hitherto undiscovered "He Hate Me" gene.
Seriously though, the politicians' solution is alarming. It was a recording of public activity, in public-how is freaking "wiretap law" even invoked?? What "loophole" is he talking about? Sounds like a bad law we are to be grateful to politicians for carving little exceptions out of. Ugh.
Lastly, even the very best-reported "media narratives" are incomplete and unnuanced (somewhere in the range of, ooh...100% of the time). If a law needs to gain public support through appeal to the media narrative surrounding a well-known case rather than its merits...it's probably a bad law. So Tim's statement is not stupid at all.
[ link to this | view in thread ]
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
Exactly. This appears to be missing two necessary components for an act of wiretapping: a wire, and a tap.
[ link to this | view in thread ]
Re: Re: dumb statement
- The Sherman Antitrust Act
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re: Re:
not so much a 'wiretapping' prohibition/notification law, as a RECORDING law which says both parties most be notified...
the means -wire or air or a laser reading window glass vibrations- is not the issue, notification is...
[ link to this | view in thread ]
Re:
it is the WHOLE SYSTEM which is infected/infested by this false 'morality' and draconian punishment for non-crimes...
*AND* the mechanisms to oversee and correct these institutions has been broken or coopted; there is no recourse...
[ link to this | view in thread ]
and and the system is backwards in dealing with such issues
.
[ link to this | view in thread ]
Send him to concealed carry class then SYG laws apply
Next time the bully steps out of line shoot to kill.
Soon no more bullies.
Bullies have defective brains, they are cured by lead.
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: dumb statement
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: He must have been asking for it.
http://img4.wikia.nocookie.net/__cb20130224181311/simpsons/images/b/b4/Francine_Attacks_Lisa.JPG
Yeah that's the one. If only it was so simple.
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re: Re: Back It UP!
[ link to this | view in thread ]
Re: Re: Re:
[ link to this | view in thread ]
Re: Back It UP!
[ link to this | view in thread ]
original intent of wiretapping laws
[ link to this | view in thread ]
Re: Re: Re: dumb statement
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
[ link to this | view in thread ]
I wonder
[ link to this | view in thread ]
Re: Re: dumb statement
[ link to this | view in thread ]
Re: Re:
In Illinois, the act of recording a public conversation without the knowledge and consent of those recorded violates 'wiretapping' laws here. My theory is that too many politicians were being caught lying on tape and so the law was created to protect them from their own words.
Just a theory.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Tampering?
I kind of wish they would push the case forward just so they can make the cop and principal admit in court that they tampered with evidence.
[ link to this | view in thread ]
[ link to this | view in thread ]
The recording was legal
http://flit-tm.blogspot.com/2014/04/dont-skip-looking-up-law.html
Title 18 Section 5704 Subsection 17
Any victim, witness or private detective licensed under the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective Act of 1953, to intercept the contents of any wire, electronic or oral communication, if that person is under a reasonable suspicion that the intercepted party is committing, about to commit or has committed a crime of violence and there is reason to believe that evidence of the crime of violence may be obtained from the interception.
[ link to this | view in thread ]
PA --> PU
[ link to this | view in thread ]
Re: dumb statement
Jessica's Law.
Adam Walsh act.
Need I go on?
[ link to this | view in thread ]
there needs to be a list
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: The School Idiot
[ link to this | view in thread ]
Re: Back It UP!
[ link to this | view in thread ]
The DA Must Not Be A Democrat!
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: PA --> PU
[ link to this | view in thread ]
The Real criminals, here
[ link to this | view in thread ]
Re: I wonder
The comments in this thread are good. I don't know that a civil suit would do any good (what would the damages be?), but the district attorney should be made to answer the question of why he won't prosecute the principal for destroying evidence.
[ link to this | view in thread ]
Re: The Bullies, versus "the Recorder"
Recording *anyone* in favor, doing something that would get them in trouble if the administrator cannot just dismiss it with the above reply to the bullied child sparks particular outrage in many police today. They don't like being recorded themselves when bullying, and want to establish that it is outside social norms. So, if neither the administrator or the police liked what the bullied child was doing, it becomes far more clear why we got the reaction seen in this case. Praise to the young man for standing up to them!
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re: He must have been asking for it.
However, it's body language and general behavior/demeanor that draw the bullies in. Basically, expecting to be bullied creates a self-fulfilling prophesy. I discovered this as a before-and-after when I learned to stand up for myself instead of just taking it on the chin and hoping it would go away or trying to ingratiate myself with bullies (neither of which ever worked).
[ link to this | view in thread ]
Re: Send him to concealed carry class then SYG laws apply
Sheesh! Why do people think violence is a handy one-size-fits-all solution to everything? Bear in mind that bullies can get guns, too.
Enhanced bullying for the purposes of standing one's ground, here we come! Because gun ownership is a human right, or something.
[ link to this | view in thread ]
Re: The DA Must Not Be A Democrat!
[ link to this | view in thread ]