Photo by John Sladewski/The Standard. Accompanying Story by Curt Brown- Dartmouth Superintendent Stephen Russell was "2010 Standard Times Man of the Year." Published December 24, 2010.
On October 17, 2008, Dartmouth Public School Superintendent Stephen Russell had contrived a scheme with staff of James M. Quinn Elementary School-Lorraine Granda, Wendy Weidenfeller, and Richard Porter; members of the Dartmouth Police Department- Captain Dennis McGuire, deputy police chief Gary Soares, officer Sean McGuire, and officer Kyle Costa;and the Department of Children and Families (DCF) case workers Nancy Amaral and Bonnie Arruda to get parents Pearl and Irwin Jacobowitz to leave the town of Dartmouth, Ma.
According to the complaint, Pearl and Irwin Jacobowitz were arrested for disorderly conduct and resisting arrest on October 17, 2008. The parents were late picking up their children from school due to transportation issues with Dartmouth school department. The parents elected to transport their 8 year old son, diagnosed with autism, to his special needs program in Swansea, when the school department decided to restrain him on his school van, rather than provide an experienced one to one aide. Due to the lateness, Stephen Russell had the police and DCF called, alleging that the parents abandoned their children. DCF intake report indicates that upon the parents arrival at James M. Quinn Elementary School, New Bedford DCF decided that an ER response was not necessary. Officer Sean McGuire and Kyle Costa arrested the parents only after DCF refused to take custody of the Jacobowitz's children. A return call was made to DCF by Principal Granda, informing DCF that the parents were arrested, triggering DCF to take temporary custody of the children.
Dartmouth Police Officer Sean McGuire is the son of Dartmouth Police Captain Dennis McGuire, who served 32 years on the police force. Mr. and Mrs. Jacobowitz alleged that officers McGuire and Costa assaulted and abused them when they could not produce identification. According to DCF investigation report, Lt. Gary Soares stated, "This could have been avoided as if they had shown their identification and provided an address they would have left the school with their children." Sheriff records indicate that the Jacobowitz's did not possess identification. The Jacobowitz's alleged that they were videotaped at the school and during the booking at Dartmouth Police headquarters on October 17, 2008; the school's superintendent and Dartmouth police department both claim that in 2008, there was no videotape equipment ever used in the school, nor police department.
On March 24, 2011, the State's case against the Jacobowitz's was dismissed after more than 2.5 years. Attorney Stephen Dalrymple and Kristen Hammond represented the Jacobowitz's and the Bristol County District Attorney's office represented the Commonwealth of Ma. A preliminary hearing was held in which officers Sean McGuire and Kyle Costa testified. On March 23, 2011, all other witnesses were excused from testifying, to be resubpoenaed if the case proceeded to trial. School witnesses were not present at the courthouse, but was on stand by if needed for trial.
Based on officer McGuire's testimony that he and officer Costa were conducting a health and welfare check of the children on October 17, 2008 at the school, Judge Kirkman found that the officers had probable cause to conduct their investigation. Attorney's for the Jacobowitz's indicated that the state's evidence was too weak to proceed to trial. The District Attorney's Office did not want school personnel to testify at trial.
In closing, the District Attorney stated, "the Jacobowitz's allege conspiracy, conspiracy, conspiracy, amongst the school, police, and DCF"; asthough it is impossible. Attorney Kristen Hammond asked officer McGuire, "Is it a crime to pick up a child late from school?" "No", stated officer McGuire. "Did you ever once stop and ask Mrs. Jacobowitz what her concerns were about the school?" Officer McGuire responded, "No." Attorney Stephen Dalrymple, in closing, told Judge Kirkman, "Your honor, this is not Nazi Germany, where you demand to see someone's papers."
FAMOUS WORDS OF WISDOM FROM DARTMOUTH PUBLIC SCHOOL SUPERINTENDENT STEPHEN RUSSELL
- "I think we all have to be careful not to jump to conclusions, based on limited information, rumor, and fear."
- "Whatever happened to innocent until proven guilty?"
- "Federal and state laws guarantee all students a free and appropriate public education."
Pearl and Irwin Jacobowitz served a 2.5 year "court sentence", because they were judged guilty before being proven innocent, in order to protect the school district, police, and DCF. It is true that the law guarantees all students a free and appropriate public education, but the schools and government do not. The Jacobowitz's children were out of school more than 500 days due to a restraining order issued by Supt. Stephen Russell, preventing their parents from bringing them to school.
The Bristol County District Attorney's Office spent 2.5 years wasting taxpayer's hard earned money prosecuting parents who refused to restrain their 8 year old son on his minivan to school. Public money should never be used to support a "School's Abuse of Power", but to prosecute school officials who inappropriately restrain and abuse children.
Superintendent Russell, you are truly "Man of the Year."
A Civil Case is currently being discussed by the Parents and attorneys.
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