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Tuesday, July 05, 2011

Ind. Courts - "Prank gone awry could land teen in prison: Experts question appropriateness of felony charge after student placed sex doll in school bathroom"

Jon Murray of the Indianapolis Star has a long story today about a Rushville incident that has led to national attention. The story begins:

When Tyell Morton placed a blow-up sex doll in a girls' bathroom stall as a prank on the last day of school, he had no idea what he was about to get into.

He didn't bet that a janitor's witness of his quick exit from the school -- wearing latex gloves and a hooded sweatshirt that concealed his face -- might trigger administrators' worst fears: explosives.

They locked down Rushville Consolidated High School for three hours. They called in state and local police. And before anyone could find the sex doll, K9 dogs and a bomb squad were scouring the building. Morton was soon arrested.

Now Morton, 18, faces charges that could bring up to eight years in prison. Yes -- eight years. Not to mention a felony record, if he's convicted. All for a good student with no criminal record.

All for a senior prank gone awry.

Whether Morton's treatment has been motivated by race, prosecutorial zeal or a post-Columbine mind-set that treats every perceived threat seriously has been the focus of intense discussion -- both inside Rushville, a small blue-collar city an hour southeast of Indianapolis, and well beyond Indiana.

Murray's comprehensive story looks at all three motivations. Re prosecutorial zeal:
But legal experts question the foundation of the lead charge, as does Morton's attorney.

Joel Schumm, a professor at the Indiana University School of Law-Indianapolis, said the use of the serious felony charge seems beyond the intent of the law.

Institutional criminal mischief, which starts out as a misdemeanor, applies under Indiana law when a suspect recklessly, knowingly or intentionally damages a school. But it gets boosted to a Class C felony -- Morton's charge -- if the "pecuniary loss" is at least $2,500.

The probable cause affidavit filed in court cites an $8,131.50 loss -- based on the hourly compensation of all school employees, from secretaries to the superintendent, whose time was diverted for hours that day.

Schumm said that misreads the legislature's intent, especially since the incident occurred during school hours. No physical damage resulted.

"It's clear from the language of the statute that they're talking about (damage to) real property -- about structures, or items in the school like desks," Schumm said. "I don't think they're talking about salaries. . . . I don't think it qualifies as institutional mischief at all."

Schumm also questioned the validity of Morton's misdemeanor disorderly conduct charge.

"Their reaction is understandable," Schumm said, "but use the school disciplinary process. Don't try to label the kid a felon for the rest of his life."

Jonathan Turley, a law professor at George Washington University, raised a wider question about the case on his legal blog: "The question is what type of society we are creating when our children have to fear that a prank (could) lead them to jail for almost a decade. What type of citizens are we creating who fear the arbitrary use of criminal charges by their government?"

Posted by Marcia Oddi on July 5, 2011 08:21 AM
Posted to Indiana Courts