Sandpoint: Next Phase of the Battle (Exclusive Interview with Attorney Edgar Steele)

Sandpoint: Next Phase of the Battle (Exclusive Interview with Attorney
Edgar Steele)

http://www.sierratimes.com/archive/files/jun/04/arjj060401.htm

By J.J. Johnson 06.04.01

© 2001 Sierra Times.com
http://www.sierratimes.com/

The McGukin Family
http://www.sierratimes.com/images/saglefamily.jpg

SANDPOINT, ID - As the last of the McGuckin family has been removed from

the Garfield bay property, questions are now being raised about the nature
of the charges against JoAnn McGuckin. In an exclusive interview with
Sierra Times.com, Idaho Attorney Edgar Steele raised issues about why the
legal and public relations end of the McGuckin Case seem so chaotic. "The
national media have folded up the satellites, and are packing to go home,
but this story is far from over", said Steele.

Previous article
http://www.sierratimes.com/archive/files/jun/02/pres060201.htm

JoAnn McGuckin, was arrested for child neglect Tuesday. But what led to
her arrest remains unclear. Court documents obtained by Sierra Times show
that the Bonner Country Prosecutor, Phil Robinson testified under oath of
malnourishment and lack of electricity at the McGuckin home. "On [May
17th], the children were in tents, ill, no food, and on the verge of
starvation", said Robinson in Magistrate Debra A Heine's Court. It was
even reported at this hearing that one of the children has stress fractures
due to malnutrition. It was these charges which led to the warrant for
JoAnn McGuckin's arrest.

But after 5 days in a standoff situation - after the mother was taken into
custody, the children were driven past Sheriff's barricades in a large
sport-utility vehicle at about 6 p.m. Saturday. They were taken to a
hospital in nearby Sandpoint, where officials said they were in good
condition and had no injuries.

The Idaho Observer http://www.proliberty.com/observer/ reported on
Benjamin McGuckin's case stating: "Benjamin was given a physical after
being taken into custody and is reportedly in excellent health.
Benjamin reported that there is plenty of food and water in the house.

The Observer also reports that in the past there were only two reports
about the dogs - numbering about 15. Sierra Times has learned that many of
the dog pack were in fact puppies. As of this time, the area is still
cordoned off, and no one knows the condition of the dogs at this time.

''They're in very good shape,'' said Susan Montgomery, director of nursing
as reported in the Associated Press. Nancy Johnson, Sierra Times Legal
Analyst said, "the evidence leads to a question of perjury by the
prosecutor in open court."

Johnson also questions the manner in which the prosecutor testified
himself. "There is clear case law on this. Prosecutors should not be
their own witness at a hearing to determine probable cause to issue a
warrant. By testifying as a witness as to probable cause for an arrest
warrant, the prosecutor destroyed his absolute immunity because he acted as
a witness, not a prosecutor. This means that if Mrs. McGuckin decides to
sue him for a civil rights violation, he is no longer immune.", Johnson
concluded.

[Photo] Attorney Edgar J. Steele
http://www.sierratimes.com/images/edgarsteele.jpg

Steele told Sierra Times is he is "glad the children have been removed
safely". He also gave praise to the Bonner County Sheriff's office on how
they handled the situation. Much of the telephone interview was used to
deflect false and misleading rumors that are cropping up - specifically on
the Internet.

The first was one of his possible disbarment. "I have offices in both
California and Idaho. I have received no reports from either bar
concerning any actions taken against me. I am still a licensed
attorney". Said Steele.

Another was an Internet message saying, "…Attorney Edgar Steele on Thursday
warned that antigovernment activists from around the country would converge
on northern Idaho if the children's mother was not released from jail."
Steele passionately denied making any such statements saying, "It's stuff
like this that we don't need out there."

Steele insists the battle can be won in the court. Sierra Times can
confirm the above statements cannot be attributed to Steele.

During the hearing when the bail was raised from $10,000 to $100,000, the
prosecutor argued for a higher bond not because JoAnn was a flight risk;
not because she was a danger to the community, but "to keep her away from
her children". This alone is a violation of Mrs. McGuckin's civil rights,
said Nancy Johnson.

Steele said he was told of JoAnn's alleged request that he communicate only
through her court appointed attorney. He was never told this by JoAnn face
to face, and he did not feel the arrangement was in her best
interests. Experts say that Steele is eminently more qualified than the
young public defender, who appears to be too chummy with county
officials. However, rather than pressing the issue, Mr. Steele felt
withdrawal was prudent.

Nancy Johnson has been in the same situation. "An incarcerated victim of
government excess (Nancy's client held off police for four hours on Highway
78 in San Diego) is emotionally fragile", said Johnson, "Jail is a bad
place to be, and it is easy for the jailers to manipulate the victim and
turn her against even a well-meaning, pro bono, attorney." In this case,
Nancy questions the propriety of the public defender's visit with
Mrs. McGuckin after she had agreed to Mr. Steele's
representation. "Contact with a represented person in the attorney's
absence is strictly prohibited by the ethical rules."

[Photo] Nancy Johnson - Legal Analyst
http://www.sierratimes.com/images/smnlj.jpg

Mr. Steele remains willing and eager to help if Mrs. McGuckin so requests
(in person), or to represent anyone else in her family. Steele did not
give any indication that she was a threat to herself or in bad health of
any kind. He said the best hope for the truth coming to light is if JoAnn
is released from jail as soon as possible.
Those handling the trust for the McGuckin family say donations and pledges
are pouring in, but more are needed.

Steele indicated that this in not an unusual case. "I have received
numerous communications from across the country from victims who have
suffered the same fate - losing their land by the hands of authorities for
bogus reasons."

The whereabouts of the children are unknown at this time. Neighbors are
concerned as well. Several, who spoke with Sierra Times on condition of
anonymity, stated that JoAnn had been very concerned about "the government
taking her land". One stated that the 40 + acre parcel around Beaver Lake
"would make a prime nature conservancy." All who spoke with Sierra Times
said there were never any indications that the children had faced
starvation or malnutrition.

Neither the investment firm of Korenngut, Schumel, & Amy, nor attorney
J.T. Diehl of Sandpoint who, according to public records, closed the deal
for $50,000 on property estimated worth $500,000, could be reached for comment.

Sierra Times has confirmed that the Bonner County Sheriff's Office has no
order to take the property at this time.

Sierra Times will continue to monitor this situation as it develops.

Donations to the bail bond fund may still be made to: McGuckin Family
Trust, PO Box 1255, Sagle, ID 83860. Rest assured that every penny
contributed to this fund will inure directly to the benefit of only members
of the McGuckin family.

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ATTORNEY JAMES DIEHL
106 W SUPERIOR ST SANDPOINT ID 83864
Ph: (208) 263-8529