July 4th 03, 05:56 PM
http://tinyurl.com/g1gt
Judge dismisses assault charges against instructors
by Catherine Cupples
Two Probable Cause hearings were held at the courthouse last Wednesday,
the first time such hearings have been held in Tunica County. But the
fact that this was a first for the county wasn’t noted as much as who
the defendants were: two separate school employees for the Tunica
County School District. Both charges: simple assault. Both final
verdicts: Case dismissed. Rosa Fort High School principal and instructor
Larry Ball and Tunica County Middle School social studies instructor
Michael Lender appeared before Circuit Judge Larry Lewis last Wednesday
morning at 10 o’clock, regarding complaints filed by separate sets of
parents, claiming Ball and Lender had each knowingly and willfully used
excessive force in disciplining students. The incidents were unrelated
and involved each man separately, yet both men were represented by the
school district's attorney, Joseph “JoJo” Adams of Jackson. In the first
case, county prosecuting attorney Chuck Graves (representing the plaintiff
in each case) called several witnesses to the stand, each of whom admitted
under oath seeing Principal Ball “grab” a young girl’s arm for a “few
seconds” only after the girl had interjected herself between Ball and
another female who had been involved in a fight. School attorney Adams
moved to dismiss. Shortly after in the Lender case, and not once calling
the first defense witness to the stand during either, Adams moved for
dismissal again, for basically the same reason. And with Judge Lewis’
consecutive brief rulings to dismiss for lack of proof in the cases, Tunica
County School District put yet another challenge behind it. “This is a big
victory for Tunica County schools and both these men,” shared Adams,
following last Wednesday’s hearings. “It’s good to get this behind us and
move on to other things.” Ball and Lender were entitled to a Probable Cause
Hearing under MS Code, Sec. 99-3-28, which mandates such be held prior to
the issuance of an arrest warrant against certified personnel such as, but
not limited to, school teachers and officials, along with police and
juvenile officers. Under the law, justice court clerks must take the
original complaint, then immediately notify the county prosecuting
attorney, who in turn, is to immediately notify the Circuit Court Judge to
arrange a date for a Probable Cause hearing to be held. If proof is shown
and accepted, a judge may then order the issuing of an arrest warrant. Or,
as in the Tunica cases, proof to intentionally inflict harm or pose the
impression of imminent danger was not shown, and all charges and claims are
dismissed. It’s a new law, MS St. Code, Section 99-3-28, according to Judge
Lewis in a later interview, only having been in effect since July of last
year, but with the nearly half-dozen of such Probable Cause Hearings he has
now handled, many verdicts similar to Tunica County’s two display obvious
proof why such a law was needed. “All over this state,” explained Lewis,
“to have someone arrested, all one has to do is walk-in, sign an affidavit,
and have someone arrested. But bear in mind what an arrest actually means.
It may not bother some people, but with others, it’s an entirely different
matter. Quite frankly, the system was being abused, and our teachers and
officers have a tough enough job as it is. Think about it; without this
law in place, a teacher could be arrested for simply spanking a child.”
Lewis, as in his rulings to dismiss, stated Tunica’s two cases failed to
produce any actual facts leading to arrest warrants being issued for any
criminal act. “These hearings are very emotional for both sides, families
and all, not just the plaintiff and defendant,” shared Lewis. “There’s
going to be problems that are hard to deal with any time you are dealing
with kids that talk back and act back during disciplinary measures being
taken. But with this law in place, it limits unnecessary arrests of our
teachers. It’s been serving a good purpose, and keeps a lot of good people
from having to be arrested and going to jail.” Lewis stated since the law
has taken effect, he has had a few cases which have resulted in the arrest
of certified personnel. “Sometimes, these do merit an arrest,” concluded
Lewis, “but most of the time, these don’t even progress to the level
Tunica’s two did. And while the court is not impressed with certain
language that was used (during the incident), the acts simply did not
amount to criminal conduct.” Attorney for the district, Adams, stated his
client Ball still maintains no improper language was ever used. “Certainly
the Tunica County School District frowns on and will look into any incident
of profanity and abusive language,” said Adams, “however, with any
incident, an investigation must produce proof that such occurred. Ball
maintains this particular incident (use of profanity) did not occur, and
from what we’ve seen, no absolute proof has been produced.” ----
Catherine Cupples, an Arkansas native from directly across the Mississippi
River, moved to Tunica in 1997. Journalism was her major while attending
college at Arkansas State University in Jonesboro, AR. ----
Judge dismisses assault charges against instructors
by Catherine Cupples
Two Probable Cause hearings were held at the courthouse last Wednesday,
the first time such hearings have been held in Tunica County. But the
fact that this was a first for the county wasn’t noted as much as who
the defendants were: two separate school employees for the Tunica
County School District. Both charges: simple assault. Both final
verdicts: Case dismissed. Rosa Fort High School principal and instructor
Larry Ball and Tunica County Middle School social studies instructor
Michael Lender appeared before Circuit Judge Larry Lewis last Wednesday
morning at 10 o’clock, regarding complaints filed by separate sets of
parents, claiming Ball and Lender had each knowingly and willfully used
excessive force in disciplining students. The incidents were unrelated
and involved each man separately, yet both men were represented by the
school district's attorney, Joseph “JoJo” Adams of Jackson. In the first
case, county prosecuting attorney Chuck Graves (representing the plaintiff
in each case) called several witnesses to the stand, each of whom admitted
under oath seeing Principal Ball “grab” a young girl’s arm for a “few
seconds” only after the girl had interjected herself between Ball and
another female who had been involved in a fight. School attorney Adams
moved to dismiss. Shortly after in the Lender case, and not once calling
the first defense witness to the stand during either, Adams moved for
dismissal again, for basically the same reason. And with Judge Lewis’
consecutive brief rulings to dismiss for lack of proof in the cases, Tunica
County School District put yet another challenge behind it. “This is a big
victory for Tunica County schools and both these men,” shared Adams,
following last Wednesday’s hearings. “It’s good to get this behind us and
move on to other things.” Ball and Lender were entitled to a Probable Cause
Hearing under MS Code, Sec. 99-3-28, which mandates such be held prior to
the issuance of an arrest warrant against certified personnel such as, but
not limited to, school teachers and officials, along with police and
juvenile officers. Under the law, justice court clerks must take the
original complaint, then immediately notify the county prosecuting
attorney, who in turn, is to immediately notify the Circuit Court Judge to
arrange a date for a Probable Cause hearing to be held. If proof is shown
and accepted, a judge may then order the issuing of an arrest warrant. Or,
as in the Tunica cases, proof to intentionally inflict harm or pose the
impression of imminent danger was not shown, and all charges and claims are
dismissed. It’s a new law, MS St. Code, Section 99-3-28, according to Judge
Lewis in a later interview, only having been in effect since July of last
year, but with the nearly half-dozen of such Probable Cause Hearings he has
now handled, many verdicts similar to Tunica County’s two display obvious
proof why such a law was needed. “All over this state,” explained Lewis,
“to have someone arrested, all one has to do is walk-in, sign an affidavit,
and have someone arrested. But bear in mind what an arrest actually means.
It may not bother some people, but with others, it’s an entirely different
matter. Quite frankly, the system was being abused, and our teachers and
officers have a tough enough job as it is. Think about it; without this
law in place, a teacher could be arrested for simply spanking a child.”
Lewis, as in his rulings to dismiss, stated Tunica’s two cases failed to
produce any actual facts leading to arrest warrants being issued for any
criminal act. “These hearings are very emotional for both sides, families
and all, not just the plaintiff and defendant,” shared Lewis. “There’s
going to be problems that are hard to deal with any time you are dealing
with kids that talk back and act back during disciplinary measures being
taken. But with this law in place, it limits unnecessary arrests of our
teachers. It’s been serving a good purpose, and keeps a lot of good people
from having to be arrested and going to jail.” Lewis stated since the law
has taken effect, he has had a few cases which have resulted in the arrest
of certified personnel. “Sometimes, these do merit an arrest,” concluded
Lewis, “but most of the time, these don’t even progress to the level
Tunica’s two did. And while the court is not impressed with certain
language that was used (during the incident), the acts simply did not
amount to criminal conduct.” Attorney for the district, Adams, stated his
client Ball still maintains no improper language was ever used. “Certainly
the Tunica County School District frowns on and will look into any incident
of profanity and abusive language,” said Adams, “however, with any
incident, an investigation must produce proof that such occurred. Ball
maintains this particular incident (use of profanity) did not occur, and
from what we’ve seen, no absolute proof has been produced.” ----
Catherine Cupples, an Arkansas native from directly across the Mississippi
River, moved to Tunica in 1997. Journalism was her major while attending
college at Arkansas State University in Jonesboro, AR. ----