Young Accusers Arrested, Led From School in Cuffs: UPDATE: the 3 girls given 30-45 days detention, 9 years probation

The Bobster

Senior News Editor since 2004
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http://www.latimes.com/news/local/la-me-gi...l=la-home-local

Young Accusers Arrested, Led From School in Cuffs
Garden Grove police take in three preteen girls whose story jailed a transient for 8 months.

By H.G. Reza and Joel Rubin, Times Staff Writers


Three Orange County girls who sent a homeless man to jail for eight months after telling police and prosecutors he had attacked them at a park were arrested Monday at school and taken away in handcuffs for making up the story.

The 12-year-old girls were booked on suspicion of conspiracy and taken
o Juvenile Hall until a court hearing Wednesday.

"They handcuffed her, with her arms behind her back. She was scared and started shaking," said Veronica Mendez Ochoa, the mother of one of tw


o g
irls arrested at James Irvine Intermediate School in Garden
Grove. "She's a little girl, but they handcuffed her like she was a murderer."

The schoolyard arrests marked another twist in a case that rekindles debate over how severely authorities should punish children.

Last spring, the three girls allegedly concocted a story so their parents would not punish them for coming home late from school: A homeless man lying near a bush motioned them over and then grabbed one of them. The girl managed to escape only after her friend bravely fought off the assailant.

The girl took the witness stand last month, testifying that Eric Nordmark, a 36-year-old drifter, "started choking me. And then I turned purple "‚¦ I couldn't breathe, and I felt like I was going to bla
ck out."

Nordmark, who police said generally matched the description given by the girls, had spent eight months in jail awaiting trial. He could have faced five years in prison if co
nvic
ted
in the atta
ck.

After her tearful testimony, however, the girl confessed to her mother tha
t the story was not true. In addition to a felony charge of conspiracy, the girl who testified also faces a charge of perjury.

"Everybody was duped by these girls," Orange County Deputy Dist. Atty. Heather Brown said at the time. She later asked for all charges against Nordmark to be dismissed.

Authorities said the arrest of the girls was intended to send a message about the consequences of lying to police.

"They did something very serious," said Garden Grove Police Lt. Mike Handfield. "They put [an innocent] guy in jail for eight months."

An attorney for one of the girls said Monday that police could have asked the parents to bring their children to the
police station, rather than make a show of their arrest on campus.

"This alleged crime is not a violent crime," said Shirley MacDonald Juarez, the attorney. "The
se girls
have b
een totally coopera
tive with police. There was no need for this."

Mendez, the girl's mother, said police did not allow her daughter, who is diabet
ic, to bring along her medical kit containing insulin and syringes. When she called police to complain, Mendez said, "they didn't care. They told me she was being interrogated by an investigator without a lawyer present."

Handfield said the girl was read her Miranda rights but did not ask to have her attorney or a parent present during questioning. He added that police were finished questioning the girl by the time Juarez, her attorney, called the station to invoke the girl's right to remain silent.

Mendez said her daughter was returning to school Monday after spending five days at Children's Hospital of Orange Co
unty for treatment of her diabetes.

Curtis Lavarello, executive director of the National Assn. of School Resources Officers, said handcuffing students is generally c
onsidered ap
propriate i
f they are a flight risk, o
r if they were armed.

"It sounds like this was uncommon," Lavarello said. "I'm not sure [police] weren't doing more harm than good."

The girls live
in an apartment complex in a neighborhood off of Euclid Street, made up mostly of blue-collar families.

The building stands in the shadow of the Garden Grove Freeway. Traffic rumbles by day and night.

Garden Grove police were called to the apartment May 16. At the time, the three girls were students at Woodbury Elementary School; two of them were age 11, and one was 12. They told a detailed story, police said, describing their assailant as a white man, about 6 feet tall, weighing 190 to 200 pounds and wearing a black hooded sweatshirt and white sneakers.

Two brothers, ages 10 a
nd 12, who also lived at the complex, had reported being harassed by a homeless man two days earlier. Police said their description of the man was similar to th
e one given by t
he girls.
<b
r>Handfield said police at the time
feared there was a sexual predator in the neighborhood.

Nordmark had been arrested earlier that week for public drunkenness. Police created a photo lineup consisting of Nordmark and f
ive other men.

The first girl picked him out, and, police allege, coached her friends to also identify Nordmark as the man who had attacked them in the park.

The two brothers also identified Nordmark, and police arrested him May 20. After declaring his innocence, Nordmark said, he spent his months in jail doing crossword puzzles and playing chess with other inmates.

"It is scary how powerless you are when you are faced with something like this," the North Dakota native said in an interview last month.

He has filed a claim against the Garden Grove Police Depa
rtment for botching the investigation.

Nordmark's attorney, David Swanson, said the department could have uncovered the lie had it been
more careful.
<b
r>He said, for exam
ple, that the department should have shuffl
ed the order of the photo lineup so that the first girl would not have been able to coach her friends.

Defending his department's practices, Handfield said last month that it was difficult to imagine veter
an detectives and prosecutors being fooled by three young girls.
 
Last edited by a moderator:

Falsely Accused Man Released From Jail​


By TChris, Section Innocence Cases
Posted on Fri Mar 05, 2004 at 12:38:26 PM EST
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by TChris
Three 12-year-old girls falsely accused Eric Nordmark of attacking them in a park. False accusations are always tragic, but they compounded the problems Nordmark already faced. Nordmark was homeless at the time the accusations were made.
Nordmark spent eight months in jail awaiting trial. Had Nordmark been a wealthy man, he could have posted bail. Lacking resources, Nordmark -- despite the presumption of innocence -- sat behind bars until his accusers, during his trial, admitted that they made up the story to explain why they were late returning home from school.
The girls will serve less time than Nordmark did. All were charged in juvenile court with conspiracy, and one was also charged with perjury. Two girls were given 45 days in detention and one was given a month. They each received credit for 25 days already spent in custody. They will each be on probation for nine years, and they must perform community service and pay restitution.
To his credit, Nordmark doesn't blame the girls for his incarceration. He isn't complaining that they won't serve as much time behind bars as he did. "Kids are kids," he says. "Kids do bonehead things."
Nordmark is unhappy with the police for simply accepting a story without conducting a thorough investigation. His concern is legitimate. It is also legitimate to question why a system of justice that presumes people innocent and that promises equal treatment under the law nonetheless favors those who can afford to pay bail while incarcerating the destitute until their cases come to trial.
 
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