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Attorney: Maxwell school officials investigated properlyTell North Platte what you think
 

Defense attorney Robert Lindemeier said Wednesday that top officials at Maxwell school found no reasonable cause that a child had been subjected to sexual abuse, after a thorough investigation.

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A week ago, Maxwell school Superintendent Dan Twarling, High School Principal and Activities Director Aub Boucher and Wrestling Coach Ryan Jones were cited for failure to report sexual abuse, a misdemeanor.

The Nebraska State Patrol handed out the citations, related to suspected assaults among boys on the wrestling team.

The suprising announcement sparked speculation about the extent of the alleged abuse.

Lindemeier responded on his clients' behalf, issuing a prepared statement.

“These individuals maintain that they followed school policy and Nebraska law,” Lindemeier said. “They obtained accounts of what happened from several students. They investigated the allegations and determined there was no reasonable cause that a child had been subjected to abuse.”

The alleged victim and his mother told the school employees more than once that the abuse did not happen, and “currently, the alleged victim and his mother deny any abuse ever took place,” Lindemeier said.

A video that allegedly was taken of three wrestlers abusing another wrestler at a 2011 camp has not been produced, Lindemeier said.

“The woman who reported the video said it was on the victim’s phone,” he said. “She actually never saw the video, but was only told about it. When the school was made aware of the video, they investigated. Among questioning several students, they directly asked the alleged victim and his mother about the video. They were told the video did not exist.”

in April, the Nebraska State Patrol in conjunction with the Lincoln County Attorney’s Office and the State Health and Human Services Department picked up the investigation. On July 30, investigators obtained a warrant to search administrative records.

Twarling, Boucher and Jones were cited on Sept. 4.

In announcing the citations, the State Patrol said there is potential for more victims, citations and/or arrests.

Lindemeier said his clients investigated appropriately and have cooperated with law enforcement during the State Patrol investigation.

He said there was never any attempt to cover up any abuse.

“All allegations of abuse are taken seriously by the Maxwell High School employees. They believe they have followed the proper steps in this case,” Lindemeier said.


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The North Platte Bulletin - Published 9/12/2012
Copyright © 2012 northplattebulletin.com - All rights reserved.
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Well Tickety-Boo, I call bull on that, there is always Some truth to a rumor. We are not talking about a story. There are too many seperate incidents for this to be a "story". Also , if there was a video, I guess someone could send it to the vic's phone. The sad thing in all of this is the kids are suffering from other schools kids talkin smack and I haven't confirmed the vandalism of the girls locker room by another school but it was told to me by a student that this did happen.
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Posted by meangirl    - 9/15/2012 8:32:21 PM
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Maxgrad, you couldn't be more incorrect in your assumption.
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Posted by speedrACER69    - 9/15/2012 12:10:11 PM
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speedracr are the one that didn't think you should have to wear a tie as a varsity player, thought you should have your cell phone in class, be able to drink pop in class. All of which were violations of school rules! If that singled you out for discipline then you need to think about your actions!!
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Posted by logical?    - 9/15/2012 11:11:04 AM
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Most students who opt to Maxwell either go for the smaller class size or go to have a better chance to play sports. My graduating class only about 8 out of 20ish actually lived in Maxwell, the rest were all opted in. As far as discipline and dress code every student in my class and surrounding classes were all treated the same. If one of us wore too short of shorts we were sent home to change. None of us were treated different by Boucher weather we were trouble makers or the student of another teacher.
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Posted by npgurl89    - 9/15/2012 10:57:55 AM
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Maxdude is correct in that there are many students that opt into Maxwell. Why? To play SPORTS. If "rumor" has it correct, the main students involved in this are opt in students. As for discipline and dress code, again, it depends upon who you are as to whether or not it is enforced and the extent of the enforcing. Perhaps you were a student or parent of a student that was treated better than most in Maxwell, otherwise, take the blinders off.
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Posted by speedrACER69    - 9/15/2012 8:20:28 AM
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Over half of Maxwell School's student body is made up of "option enrollment" students from North Platte. Parents choose to send their children to Maxwell School at considerable expense and great inconvenience. I do know that the graduation rate in Maxwell is among the highest in the state and discipline and dress code is stricter than other schools in the area. Is Maxwell School perfect, Hell no, tell me the school that is.
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Posted by maxdude    - 9/15/2012 7:54:11 AM
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There is no GET BOUCHER attitude that maxdude keeps speaking of but there is a please put this school back on stable ground, with education and the well being of the kids coming first before grown men!! This get Boucher excuse has been used for years every time he is asked to do his job someone is suddenly out to get him. Get a new excuse for the poor running of that school.
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Posted by mom10    - 9/14/2012 7:42:37 PM
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Nebred you rightly corrected Turkeybaster as to the "whistleblower" of this unfortunate episode. The "whistleblower" is an anti-Boucher member. Once again, if her information is correct, God bless her, if not, God save her. Tiger05, I am sure you will be welcome to attend the Monday board meeting along with a score of other concerned citizens. However you will be quickly disappointed as the school board races to enter "executive session" on this matter leaving everyone in the dark.
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Posted by maxdude    - 9/14/2012 6:22:04 PM
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Turkey, the woman (parent who said she saw the video is not the male victims mother read the story before inserting foot into mouth!
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Posted by nebred    - 9/14/2012 6:05:57 PM
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So if you are all concerned about the well being of the students that are currently going to Maxwell Public School please attend the School board meeting on Monday Evening
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Posted by tigers05    - 9/14/2012 5:37:26 PM
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meangirl: You got your name right. There is not ALWAYS truth in a rumor. Mean people make up stuff about other people all the time.

Mean stuff.

And the video of this alleged assault was supposedly on the victim's phone? Yeah, right. He took video of himself being sexually assaulted. No way.
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Posted by Tickety-Boo    - 9/14/2012 2:12:58 PM
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I think that it is ironic, that when this story first came out so many people were ready to crucify the 3 educators involved, but when more of the story comes out and we learn some more of the facts hardly anyone says a word. I know these 3 educators well and I do believe that none of them would do any thing to jepordize the life of their students or knowingly bring harm to them. So maybe before we crucify them we wait and hear the full story.
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Posted by Helvey76    - 9/14/2012 7:38:00 AM
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Maybe my understanding of laws on abuse are not clear, because it was my understanding that allegations of abuse are to be reported to authorities. I don't believe the school has the authority to investigate something of this nature and make a determination of their belief.Hazing,bullying,that sort of thing yes, but violations of the law ..no... Now in saying that, If no crime was committed, then why were they cited? Because they don't have the authority to investigate something of this nature. Also, there is always some truth in a "rumor" and I think we have a case of no-one really wants to talk about it for fear of the outcome.This isn't just a story, and if the victims in this are still in school, it would be tough for them to come forward.It's a mess for sure.
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Posted by meangirl    - 9/14/2012 7:19:39 AM
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A talk back poster with the handle "turkeybaster" in a story about sexual assault, that is so wrong.
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Posted by Mike    - 9/14/2012 7:14:39 AM
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to ask that her name be released is absurd. releasing her name would tell who her son is, hence releasing the minor vicitms name. which is why they dont do it. adn if all this is unfounded then why would the state patrol issue these citations? they have been investigating it since last year and have found enpugh to make these charges and are still investigating. let them do their job, its not your job....and of course their attorney is going to make a statement as he did. what did you expect him to come out and say? "oh yeah, this sucks, they did it." no, he is their defense attorny, its his job to say charges are unfounded.
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Posted by turkeybaster    - 9/14/2012 6:17:05 AM
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To serious and npgurl. "She" is referring to the parent that brought this up, not the victim. From the original post here on the Bulletin: "School officials investigated, but at least one parent was not satisified, .... ...But the woman told the State Patrol that she saw a video of the assault at the wrestling camp Sorry for the punctuation error in the first posting.
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Posted by oldie    - 9/13/2012 8:28:18 PM
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To serious and npgurl. "She is referring to the parent that brought this up, not the victim. From the original post here on the Bulletin: "School officials investigated, but at least one parent was not satisified, .... ...But the woman told the State Patrol that she saw a video of the assault at the wrestling camp.
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Posted by oldie    - 9/13/2012 8:27:18 PM
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From what I have heard the victim is a male not female....
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Posted by npgurl89    - 9/13/2012 6:30:29 PM
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No one said it was a she....so again assumptions.
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Posted by serious    - 9/13/2012 4:41:58 PM
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At this point, these three men's names have been drug through the mud, and as the attorney said, they've been tried in the media. In fairness, I believe the accuser's name should be released. If this all turns out to be untrue or unfounded, why should these men be the only ones named? She's not a victim and therefore shouldn't be protected. If it is untrue, and I honestly hope that it is for the "victim" and all named so far, I hope that she in turn gets cited for false reporting, slander and whatever else they can drum up on her.
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Posted by oldie    - 9/13/2012 4:16:03 PM
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This is not an exact Qoute but you'll get the point..... Let Thee who is free of sin cast the first stone.
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Posted by lovinlife    - 9/13/2012 1:21:00 PM
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Or it could mean that it didn't actually happen and the school officials did the right thing and this is a typical small town rumor that got out of hand.I would rather believe the best of people given a complete lack of evidence to the contrary. Some would rather believe the worst because it is more entertaining. I'm hoping to be wrong on my first reaction and if it is all untrue I hope it doesn't damage reputations unfairly.
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Posted by ppooeett    - 9/13/2012 12:36:28 PM
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outsider II: I dont think the Penn State comparison has much to do with the actions that was done to the victim as much as it is the lack of action taken by those in charge.
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Posted by Emerson    - 9/13/2012 11:13:08 AM
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I hope that this story is untrue. I truly hope that there was no abuse. Unfortunately victims of any kind of sexual assault don't want people to know about it. It is a very personal and intimate attack that can leave the victim embarrassed and ashamed. Especially in a small town where everyone knows who you are. So again, I truly hope it didn't happen and if i did, I hope the victim finds the courage and support to come forward so that it doesn't happen to someone else.
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Posted by busdriver29    - 9/13/2012 9:51:40 AM
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Very good Outsider II, I would like to second that.
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Posted by clyde    - 9/13/2012 8:34:32 AM
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First of all, to compare this to Penn State is both disturbing and disgusting. The allegation is that the school didn't investigate it and failed to make a report of alleged sexual abuse. None of the staff was accused of participating in the abuse and the only people accused were other members of the team. To compare this to a man who used his power position to assault young children who trusted and looked up to him is absolutely disturbing. It's apples and oranges. Second, the school investigated the report. There was no video, the alleged "victim" and his mother both stated no abuse happened and other members of the team backed that up. There is no evidence that mykids-mylife has any information other than hearsay and that's what this entire case appears to be about. Third, a party came forward and claimed a video existed. There is no evidence that a video existed. The party indicated that she had never even seen the video. Tell me, how many teenager spread rumors and lies and get the facts wrong? I can't imagine that could possibly be the case here could it? Fourth, this is a great example of how our society immediately shoots first and asks questions later whenever someone claims an assault took place. What happened to investigation? What happened to credibility and evidence? Are we really a society that is willing to just accept on blind faith a third party report of something they didn't even see and call for the heads of those who are accused? Would you feel so strongly if someone made such an allegation about you? I'm not suggesting that children don't need to be protected or that offenders don't need to be punished, but shouldn't we at least make the police and prosecution do their job before we start stringing people up in the street?
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Posted by outsider II    - 9/13/2012 7:51:30 AM
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Something kind of like this happened last year in the school I work in. A member of the board of trustees had a son who graduated, and to celebrate she bought a keg of beer for him and his friends. Sometime during the party a 13 year old girl showed up, and depending on who you ask she either was drunk or wasn't drunk, and she either threw herself onto 5 boys or 5 boys raped her. Long story short, the girls mom was so embarrassed about the situation that she wouldn't allow her daughter to talk to police, everyone in the party denied it ever happened, and the board member said yes they were drinking at her house but no she didn't buy the keg. The only charge was a ticket to the lady for contributing to the delinquency of a minor for knowingly letting them get drunk. Investigation closed. Sounds a lot like what is happening in Maxwell right now.
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Posted by Mike    - 9/13/2012 7:40:19 AM
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Everyone needs to remember how easy it is to crusify others when unfounded areaccusations made. In short - don't accuse unless you have evidence.
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Posted by garol    - 9/13/2012 7:16:12 AM
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loudmamma- i heard this just recently from someone that heard it months ago, (thats what I meant when I said, "must have be recently after it happened") I am shocked about the whole deal as well. I hope it isnt true but something must have happened. All anyone can do is allow the the investagtion go on. Hopefully they can get to the bottom of this story.
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Posted by love/hate    - 9/13/2012 6:12:05 AM
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I heard rumors about it back in May, but i didn't know the full extent until a week ago. As a graduate of Maxwell i had Jones as a teacher and a coach and i think he's a good man. His what happens in wrestling stays in wrestling policy is true. However this policy referred to the occasional shoving matches during practice. I will say that in the three years i was on the wrestling team that nothing even remotely close to this sexual assault case happened. Even if there were disagreements in practice or at meets, Jones would step in and defuse it. My belief is that Jones didn't fully know what happened. Again this is only my opinion. But the thought of Jones covering this up just doesn't add up in my mind. I've nothing to say about Twarling as I've never met him. But Boucher........yes its true whats been posted on here. There is an element of favoritism in Maxwell. Some were allowed more leeway than others. And there are alot of people that would love to see him gone from that school. There were alot of things that were covered up while i was there and I've heard of plenty more since then. People may remember what happened with the volleyball coach several years ago, or the bomb threat in 2007 that was settled internally. Ironic that the person responsible for that is in jail. Im hoping this investigation blows their history wide open. Don't get me wrong though, there are good people there. But too much has gone on for too long
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Posted by Disturbed    - 9/12/2012 10:21:51 PM
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Sounds to me like someone has it out for the Maxwell school Adminastration if the vitiam and his mother say it never happened and there is no viedo( in this day and age that viedo would of got shared many times in a short period and someone would have a copy as for the vitim and his mother being paid off come on there is "NO ONE" with a kid going to Maxwell Has that kind of money! and a bright future in sports give me a break
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Posted by nebred    - 9/12/2012 10:06:02 PM
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So mykids-mylife if u knew about it way back when why didn't u report it?!? Maybe u should b ticketed too
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Posted by loudmamma    - 9/12/2012 8:23:15 PM
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The alleged sexual assault is shocking and needs to be investigated for validity. However, unless the presumed victim's story changes and or this missing video surfaces, we have allegations that can not be proven. I don't know about Jones and Twarling, I do know there has been a "get Boucher" group active for a few years now. If there was a legitimate cover-up, send them to Teacher's Siberia to rot. If not, the "get Boucher" group better start pooling their money for their own defense attorney.
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Posted by maxdude    - 9/12/2012 6:57:25 PM
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Well I heard this story, must have been shortly after this happened. I heard the victims parents called the mean bully kid's parents about this matter and the bully's parents said their son is very good at sports and has a future. So they paid off the victim's parents off, not to tell. So maybe this is why the story don't make any since. Sad deal. No amount could pay me to shut up on any abuse from anyone. My kids are my number one priority!!!!!
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Posted by love/hate    - 9/12/2012 5:22:14 PM
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None of this is new! This is what the school has said from the start. Did you really expect the attorney for the school to come out and say oh sorry they did it! Now what.They say the same at the start of all abuse cases!! Every time!
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Posted by mom10    - 9/12/2012 4:39:51 PM
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So if there was a video, but is no longer, is there a way to retrieve it? Individuals not coming forward with information, need to seriously think about what they are doing by not reporting. Embarrassed or not. Peer pressure or not.
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Posted by speedrACER69    - 9/12/2012 4:29:49 PM
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Really, Big Red Fan? The victims of Penn State said there was no abuse? It is way different than Penn State. It says several times that the alleged victim himself said there was no abuse. If there is no abuse allegation from the victim, what do you charge the alleged perpetrators with? This is a case of some third party saying abuse was done on "Person A", but "Person A" denies any abuse. I am so glad the other side of the story is finally being reported.
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Posted by REBBIE    - 9/12/2012 4:23:43 PM
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about the same thing that was said at penn state
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Posted by big red fan    - 9/12/2012 3:05:27 PM
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