Ridiculous felony charges finally dropped
Friday, Nov 16, 2018 - Posted by Rich Miller
* The local state’s attorney finally made the right decision…
An Illinois teen won’t face felony eavesdropping charges for recording a talk with a school principal after prosecutors decided to drop the matter Thursday after the case got national attention.
Kankakee County State’s Attorney Jim Rowe dismissed the charges against 14-year-old Paul Boron. When Boron was 13, he was called into Manteno Middle School Principal David Conrad’s office. Boron told Conrad that he had been recording with his phone. The principal told Boron that he was committing a felony and ended the meeting. Two months later, Boron was charged with eavesdropping, which is a Class 4 felony in Illinois. […]
Illinois is what’s known as a two-party consent state, meaning that recording someone without permission in even a semi-private area is a Class 4 felony. The key term in the law is a “reasonable expectation of privacy.” Recording a phone call, for instance, would likely be a felony. […]
“The school district made the right decision by dismissing its charges against Paul. Paul spent a summer no 13 year old should have had to endure, with a felony hanging over his head simply because he recorded a conversation with his principals,” said Austin Berg, director of content strategy for the institute. “Supporters from around the nation rallied around Paul to share their concerns over how extreme the charge was. We’re grateful to those who jumped in to support Paul’s great legal defense and helped him get this happy ending.”
After hearing of the charges, advocates for the state’s existing consent rules said officials should not have weaponized the law in this case.
“To criminalize this young man and make a felon out of him is something we can unequivocally say is the wrong thing to do,” ACLU of Illinois attorney Ben Ruddell said.
* More…
Kankakee County’ State’s Attorney Jim Rowe said the law in its current state needs to be modified.
“I hope Springfield addresses this statute, as well as passing an updated cyberbullying statute,” he said. “Law enforcement needs clarity as they are tasked with making decisions on the front lines; it is easy to second guess prosecutors and police, but all state laws come from Springfield and they need to clean this one up.”
True, but in the meantime, state’s attorneys (and school districts) can try to use a little common sense. That obviously didn’t happen in this case until much damage was already done.
- Chicago Cynic - Friday, Nov 16, 18 @ 2:24 pm:
Shame on everyone involved - the principal, the prosecutor, etc. - who made this young man fear for his future merely because he recorded a conversation with his principal. Discretion is everything when you’re a prosecutor and this guy abused it beyond recognition.
- wordslinger - Friday, Nov 16, 18 @ 2:30 pm:
You know what — it’s probably not a bad idea to record all private, one-on-one “meetings” between children and adults in authority.
You sure as heck don’t prosecute the kids for doing so. By the time you’re 14, you ain’t stupid — you can watch the news and read the papers. You’ve got a right to protect yourself, too.
By my eyes, it was eminently smart and reasonable for the child to record the meeting. Curious why he principal couldn’t handle that.
- DuPage - Friday, Nov 16, 18 @ 2:40 pm:
That law should be modified or eliminated.
- cdog - Friday, Nov 16, 18 @ 2:50 pm:
No teacher, principal, coach, or administrator should have an expectation of privacy.
(We sent one of our kids into school with a recorder. Just having it sitting on the desk was enough to make the abusive language stop.)
- Lester Holt’s Mustache - Friday, Nov 16, 18 @ 3:34 pm:
==You know what — it’s probably not a bad idea to record all private, one-on-one “meetings” between children and adults in authority.==
Agreed. Would likely be better for all involved if this were the case. Quick google search shows numerous stories written over the few years concerning lawsuits about disagreements between school officials and parents/students over what actually occurred during disciplinary “meetings”.
- Dog on Sheffield - Friday, Nov 16, 18 @ 3:45 pm:
==No teacher, principal, coach, or administrator should have an expectation of privacy==
Maybe a “public officials” exception would hit the mark.
- Don't Worry, Be Happy - Friday, Nov 16, 18 @ 3:46 pm:
If I remember correctly, the student recorded a conversation in the outer office or hallway, not in the principal’s office.That’s part of what made this so absurd. There had been a lot of legal maneuvering about whether that space was public or private.
- Al - Friday, Nov 16, 18 @ 3:49 pm:
If criminals did not run our government it would be easier for people to record extortion and other crimes.
- Cubs in '16 - Friday, Nov 16, 18 @ 4:09 pm:
Took them long enough to drop the charges. I’m not clear on exactly what the principal was trying to accomplish here. Throwing his weight around for funsies? Intimidation? Maybe trying to make an example out of this kid to prove some point and send a message to others? People like this shouldn’t work with kids. It’s hard enough dealing with bullying from other students.
- JS Mill - Friday, Nov 16, 18 @ 4:24 pm:
We generally have a second person present in conversations with students, particularly those that are disciplinary.
I would LOVE to record ALL student and especially parent meetings. We get savaged by people who flat out lie on social media. Lots of people sharing what they say they “know” when the fact is they do not.
I would love to be able to respond, but because student information is confidential we cannot.
If recording was allowed the student or family could/can do what ever they want. Schools? We are prohibited from doing anything with that recording because of the confidentiality laws. So it is not a situation where each party has equivalent rights. My concern would be a manipulation or cherry picking or outright doctoring of recordings. You may pooh pooh that but your career and means of making a living is not impacted.
If the law were changed to allow the school to publicize the recording if the family does, I support it 100%. So often things related to schools that make it into the news are skewed or flat out false because only one perspective (family) is shared due to the nature of the laws that regulate student information.
I know how I handle my business and never say anything at work that I wouldn’t want made public.
I can’t figure out what that principal made such a big deal, but just maybe he has been wronged before and is over sensitive. Or he is just a (banned word).
- d.p.gumby - Friday, Nov 16, 18 @ 4:33 pm:
so called “wire tap” laws are a cluster, no only in Illinois, but across the nation.
- DuPage Saint - Friday, Nov 16, 18 @ 4:34 pm:
This kid is a juvenile all court proceedings are sealed. What is this public?
- Payback - Monday, Nov 19, 18 @ 10:08 pm:
For starters you should be able to record anyone you want at any time on your own property, if you are the owner. Condo hallways, your insurance office, the front porch of your home, or your family farm.
Second, any citizen should be able to record any public employee at any time, whether garbageman, teacher, principal, or cop. The common law is common sense.