[Vision2020] I may have been wrong.

[Rosemary Huskey]

After a careful reading of the text (pertinent points bolded) it may be the
case that Mr. McHugh was not personally responsible for the arrest warrant.
Somewhere in the mix a judge had to sign off on it (it would be interesting
to know who the judge was) and arguably it may well have been a staff
member, not Mr. McHugh, who was involved in the process.  I understand the
concept that the person who heads an organization is ultimately responsible
for actions carried out by the organization employees but in fairness Mr.
McHugh might have been blindsided on this.  On the other hand, one can
legitimately wonder if there is a "hang them high" attitude in his office
toward alleged offenders  - even if they are nine years old.  But, at this
point, I don't know if that is true.  I'll be looking further into that
aspect of Idaho justice - which continues to be  an ongoing  interest of
mine.

 

"Recently in a Juvenile Justice case involving a misdemeanor Petit Theft
charge, an arrest warrant was issued for a 9 year old juvenile. The case has
been sealed by the handling judge, so I cannot communicate substantive
details of the case. An arrest warrant can be issued by a judge at my
office's request, when accompanied by a police officer's affidavit, when a
child has missed scheduled court dates. In this situation unsuccessful
efforts had been made to enroll the child and the child's parent in a
diversion program, and subsequently the child and the child's parent missed
court dates. 
After reviewing the file today (Monday January 12, 2015) I have concluded
that my office's request to have an arrest warrant issued was a mistake
under the circumstances. At least one other viable option existed, which was
to seek a court-ordered child protection investigation. That investigation
would have resulted in information being available for the child's counsel,
the Court, and my office, in order to make a better-informed decision as to
the best course for the child. Knowing the child's age, the charged offense,
and other circumstances in the case, we should have attempted this other
option. I have reviewed the matter with my Chief Deputy, Criminal Chief
Deputy, and the handling deputy prosecutors, and have reiterated the
importance of a careful review of the underlying circumstances before
requesting an arrest warrant, especially in cases involving children. I
regret this having taken place and will do everything in my power to avoid
this type of mistake in the future." 



In any case, I believe I should not have fixed the blame on Mr. McHugh
without more complete information.  And, I apologize for suggesting that he
alone was actively responsible for this miscarriage of justice and
knuckle-headed thinking.  A public records request may help to clarify who
was responsible.

 

Rose Huskey

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