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Justice best served by dropping charges against Cary-Grove essay writer
By Charles Keeshan
[email protected]
Posted Wednesday, May 23, 2007
Saying justice is best served by no longer pursuing the case, McHenry County prosecutors dismissed charges this morning against a Cary-Grove High School senior arrested over a violent essay turned in for a creative writing class.
The decision, made formal in a brief court hearing, allows Allen Lee to graduate alongside his classmates this weekend without criminal charges looming and to again seek entry to the U.S. Marines after his prior enlistment had been canceled because of his arrest.
It also ends a case that drew international attention to the county and sparked debate over students’ free speech rights.
“We knew this conclusion would be reached, either by motion, by trial or by agreement,” Lee attorney Thomas Loizzo said. “Fortunately for Allen, it was by agreement.”
Lee, 18, of Cary, was not in court today when prosecutors dropped the case. His presence was waived, officials said, so he could take his final exams.
Authorities arrested and charged Lee on two misdemeanor counts of disorderly conduct last month after he turned in an essay authorities say disturbed and alarmed his teacher, Nora Capron. The essay describes a shooting spree, drug use and stabbings. It ends with a comment that Capron could one day inspire a school shooting spree.
McHenry County State’s Attorney Louis Bianchi today stood by the decision to charge the student, but said his office opted to drop the case after determining Lee was not a threat to his classmates or teachers.
“Most importantly, it is clear to us that Ms. Capron has no desire for this matter to continue any longer,” Bianchi said. “As prosecutors, we have to consider the wishes of the victim as well as the likely result of what can be gained if the case were to proceed.
“(Lee) did admit to police he intended to alarm and disturb her,” Bianchi added. “I think it’s a fair assessment that they didn’t get along.”
Lee’s defense today continued to lay blame for the furor on the assignment itself. The assignment instructed students to write anything that came to mind in a stream-of-consciousness style, and without any self-censoring.
“There must be some accountability on the part of the school district or curriculum committee,” Loizzo said. “Had this assignment not been given, we wouldn’t be here. Be careful what you wish for, because you might get it.”
Defense lawyers also were critical of authorities’ decision to arrest and charge Lee before first speaking to the student and his family about the essay.
Bianchi, however, said authorities acted quickly to ensure Lee had no weapons and could not act upon threats they believe the essay contained.
As for the assignment, Bianchi said Capron frequently warned students that their writings must be “classroom appropriate.” Anything offensive, he said, would be reported to a guidance counselor or principal.
“She responded appropriately to the situation, as did the principal, the school and the Cary police department,” he said. “The arrest and charges were clearly warranted.”
Lee regrets the unwanted attention his essay brought to himself and his family, his lawyers said today, but does not believe he should apologize for following what he believes were his teacher’s instructions.
“Allen wrote an essay that created an international disturbance,” Loizzo said. “That’s pretty creative. If I was the teacher, I would have given him an A-plus-plus on that assignment."
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