The title of the article is incorrect, charges are not being dropped.
Diversion is a plea bargain in which you plead guilty to the charges and receive probation. If you meet probation terms such as random drug testing and so forth, then your conviction record is "erased". Sometimes how this is handled procedurally is the signed guilty plea is held in a separate file and not entered into the main system, and at the end of diversion the file stays in the separate file if you have complied with all terms, or is entered into the main system if you haven't complied with all terms.
Calling this "dropping charges" couldn't be further from the truth - this is a forced guilty plea. Since she "signed the agreement", the matter is over - she has admitted to charges and is legally guilty and has received probation, and that's the end of it.
As someone who has been prosecuted for a crime in Florida (it was semi-serious) and has had a few friends enter the pre-trial diversion program there I would like to point a few things out.
Pre-trial diversion isn't cheap if you are of limited means. You have monthly fees you have to pay and you likely have fines and penalties to pay too. A lapse in any of those payments can result in what is called a "writ" being issued. It is essentially a bench warrant for your arrest. I have had this happen to me. It sucks.
Kiera is 14 and so I'm going to give her the benefit of the doubt that she is not a drug user. However, if she is she better get clean soon. Florida loves to drug test people in an attempt to violate them on their probation. A failed drug test will have you removed from the diversion program and you will face the original charges in court.
Finally, if the diversion program is completed without incident there are some lasting effects. Even though the charges will ultimately go away there are some things that wont. For instance, a friend of mine recently applied for a job that did not simply ask if he had been convicted of a felony. It asked specifically if he had ever pleaded guilty, nolo contendere, or entered a pre-trial diversion program. Completing the program smoothly does not necessarily mean that this incident will be completely over for her.
Shame on the DA in this county for moving forward in this way. The police were stupid to arrest her in the first place but hey, that's what they do. Proceeding with criminal charges, particularly in a case where no one was hurt and no property was damaged, is completely at the discretion of the DA.
This is bullshit and no one should be pleased with this outcome.
Yep. So, she has pled guilty, been placed on probation, will have to comply with the probation terms, been kicked out of her high school and sent to another school for child-criminals where I'm sure the education will be absolutely stellar, and there's probably about a 50% chance that this criminal record will follow her around for the rest of her life (somehow, it seems that a lot of these supposedly-sealed convictions end up on adult criminal background checks).
Job well done. One scientist eliminated from useful society.
You are correct about the probation portion, but she did not plead guilty to enter diversion, it is typically no contest to the charges until she completes the diversion program (probation) then the no contest is converted to either a "nolle prosecution" or "withhold of adjudication". Otherwise I agree with you this is not the same as the State dropping the charges, but this is not the same as a guilty plea or conviction.
Additionally, the record is not erased, but she would have the option to seal or expunge her record after a period of time governed by Florida Statute. Of course both military and Feds can always see sealed/expunged records (not that the public will not generally remember this name for some time to come) and if she ever wanted to join a bar (despite being interested in science now, this experience may encourage her to become an attorney fight this kind of injustice on a daily basis), they generally make you unseal your record.
True, charges were not dropped. I'm mad that she had to sign a guilty plea. Even if the terms are light, as I'd expect and as they should be, she shouldn't have to plead guilty to anything.
These "zero tolerance" policies turn into decisions with zero judgement and sense. Indeed, they're intended to remove human judgement from the equation.
I think you're incorrect about this, and would appreciate a source. From my understanding of pre-trial diversion, it does not involve any admission of guilt... If the defendant does not complete the probation period successfully, the charges are reinstated and dealt with in court. Guilt is not pre-determined.
The assholes at the state attorney's office gave her a "diversion of prosecution" instead of completely dropping the matter. And the school district is still considering further disciplinary actions.
The state attorney and the school district are the ones that should be expelled.
Indeed. From that article, it's not an unconditional dropping of charges:
> The office of State Attorney Jerry Hill, whose jurisdiction includes Polk, said that it extended "an offer of diversion of prosecution to the child." That typically means a probationary-like program that allows the youngster to perform community service or meet other conditions and then avoid a criminal record.
> Brian Haas, an assistant state attorney and spokesman for the office, said he could not provide details of the diversion-program agreement reached in a juvenile's case. But he said the teenager and her guardian had signed the agreement.
The arbitrariness of the prosecution in the US is just staggering. Here you have this young lady who did something stupidly dangerous, pled guilty, and has been shipped off to an "alternative school" (read: school for criminals-in-training).
On the other hand you have the Texas Tech explosion, (http://www.csb.gov/texas-tech-university-chemistry-lab-explo...), where a fifth-year grad student (!) was told to prepare 100 mg of a genuinely fickle explosive, but instead cooked up 10 grams, which he then ground in a mortar (!!), and it predictably exploded, injuring the fellow gravely.
His fellow students had concerns about his working habits, which are on the record, and neither the student, nor his supervisor were charged with anything. This isn't correct.
Ah, beg to differ. The young lady in question is of the duskier race and therefore the prosecution was not arbitrary; but according to long and traditional standards designed to maintain the social hierarchy without which society would crumble.
While I don't think she ought to have been charged as a criminal, calling this "an unauthorized science experiment which lightly damaged an eight ounce plastic water bottle" is blatantly dishonest. As others have said in previous threads, this girl wasn't conducting a science experiment, she was blowing something up. People could have been injured (google drano bombs). Again, I don't condone legal action against her, but praising her as a scientist doesn't seem like the right course of action either.
Edit: To be clear, I have no problem with explosions - 'for science' or otherwise. I have a problem with explosions on school property, unsanctioned by professors, and without proper (or any) safety equipment.
Blowing something up--even for only the sake of seeing what happens (exclusive of malicious intent)--is at it's core a scientific endeavor. From DNLee at the Scientific American blog[1]:
>I can’t name a single scientist or engineer, who hadn’t blown up, ripped apart, disassembled something at home or otherwise cause a big ruckus at school all in the name of curiosity, myself included. Science is not a clean. It is very messy and it is riddled with mistakes and mishaps.
I think it's time we start making a distinction between an explosion which is made with the motivation of violence and destruction, and just explosions.
To be as blunt as possible, if you take "blowing stuff up" off the table of inquiry then you are stunting intellectual curiosity by an enormous degree.
Lest we forget, the most prestigious prizes in all of science, the Nobels, were created by a man who invented explosives.
I think that once you charge someone with a felony for something that is pretty clearly not felonious, you basically eliminate the possibility of a middle ground. She'll be glorified or vilified (or both), but I think the ship has sailed for anything else. It would be nice if we could all sit down and have a rational discussion about just when it's OK to blow stuff up and what was right and wrong about this instance, but it seems to be essentially impossible now.
She is 16. I made far larger explosions when I was younger and older. Of course, I didn't do it on school property, but it's clear her interests were not at all sinister. Criminal charges are ridiculous. I would think detention would be more appropriate or calling her parents.
It's dangerous because its possible to lose some digits if you hold the thing in your hand too long, but if someone were intentionally trying to lose a finger that way, they would find it more difficult than they imagined.
I completely agree. She went back on her story that she was doing a science experiment while being interviewed, but everybody wants to stick to that story anyway. It's almost like everybody in the world wants her to be a scientist, and I pay dearly every time I raise this point here. I don't get it.
Finally, some good news today. And a victory for common sense. I, for one, am very happy about this news. But there's still the issue of her high-school education, to be resolved.
She is already at a new high school. Looks like she will be ok.
Now if only someone could charge the original instigating teachers and officials for wasting police time or even better, place them in an institute for the criminally stupid...
I can't believe that with all the outrage and coverage this matter got, she will still face expulsion from school. Isn't there anyone sane there? Could this prosecutor drop the case by any chance.
I don't consider her completely innocent, but still this was nothing that would require such severe penalties.
I donated to her defense fund - assuming there's money left over, I hope they just give her the cash. I've sent a message to that effect to the person organising the fundraising.
I know that in this unfair world, we should be happy enough that her life has been spared and that she can live the life of an average teen, whether it's in science or not. But in my Hollywood version of life, this day will be a poignant flashback 10 years later when Kiera invents cold fusion.
From chemistry lab, remember the Bunsen burner?
Yup, there was a Bunsen, a chemist. He was
blind in one eye, from some chemistry experiment
gone wrong.
They called him 'fingers' because on one hand
he didn't have any -- one of his science experiments
blew off his fingers.
The PDF above, it's a total, thigh slapping, laugh
yourself dizzy riot! It's about the chemistry
research for liquid rocket fuels, not really for
the huge US Saturn moon rocket (just kerosene
and liquid oxygen) but for smaller rockets such
as anti-aircraft missiles. It's a riot: The
stories of "red fuming nitric acid" mixed with
all kinds of stuff they could dream up, using
mostly just the TIFO method -- try it and find
out -- blowing holes in the roofs of labs,
creating stinks that make a skunk smell like
roses, doing things in cities that should
only be done in deserts 100 miles from anyone,
doing things in deserts, e.g., creating a
column of smoke two miles high, that maybe
shouldn't be done this side of Pluto, is
a total SCREAM. Then there were the
'mono-propellents' -- no mixing or ignition
required. Some were weak, say, for just
gentle orientation of a spacecraft. Others
were attempted for lots of thrust. Alas,
once the reaction starts, might it just
quickly move to the whole supply of
mono-propellent? Yup, darned right.
And, then, right -- kaBOOM.
It's standard: Have much curiosity
about chemistry, and some things will
likely go BOOM. It's true at 14,
40, with a chemistry Ph.D. or not.
I was never injured, but not for lack
of a lot of chances. For one, apparently
I didn't use enough KNO3 with my C and S!
Dad had a 100 pound bag of NH4NO3 to make
the lawn green. It REALLY made the lawn
green. Put that stuff on and get some rain
and have to mow the lawn every other day,
and it's a DARK green. AMAZING stuff.
It was readily available because the
surrounding areas were full of cotton
farms, and it did great things for
cotton.
I only worked with about a 1/2 cup of
NH4NO3 at a time and got nothing out of
it. Good thing: I might have lost
a hand.
Once actually learn some real chemistry,
then see (1) even if know a lot of
chemistry, messing with such energetic
reactions, where the reactions or some
unintended byproducts might be wildly
unstable, and, as of the time of the PDF above, even good chemistry
can't predict what will/will not be
unstable,
can be dangerous and (2)
if its not dangerous, then just do the
energy calculations on paper and f'get
about mixing up the actual ingredients.
Still, Al and NaOH drain cleaner,
just gather the whole school together
and tell them -- just do NOT do such
things because you or someone else
might lose a hand, eye, etc. Then
DROP it. For the DA, hmm, add him to
the list with the person in Boston
who went after Aaron.
[+] [-] droithomme|13 years ago|reply
Diversion is a plea bargain in which you plead guilty to the charges and receive probation. If you meet probation terms such as random drug testing and so forth, then your conviction record is "erased". Sometimes how this is handled procedurally is the signed guilty plea is held in a separate file and not entered into the main system, and at the end of diversion the file stays in the separate file if you have complied with all terms, or is entered into the main system if you haven't complied with all terms.
Calling this "dropping charges" couldn't be further from the truth - this is a forced guilty plea. Since she "signed the agreement", the matter is over - she has admitted to charges and is legally guilty and has received probation, and that's the end of it.
[+] [-] dopamean|13 years ago|reply
Pre-trial diversion isn't cheap if you are of limited means. You have monthly fees you have to pay and you likely have fines and penalties to pay too. A lapse in any of those payments can result in what is called a "writ" being issued. It is essentially a bench warrant for your arrest. I have had this happen to me. It sucks.
Kiera is 14 and so I'm going to give her the benefit of the doubt that she is not a drug user. However, if she is she better get clean soon. Florida loves to drug test people in an attempt to violate them on their probation. A failed drug test will have you removed from the diversion program and you will face the original charges in court.
Finally, if the diversion program is completed without incident there are some lasting effects. Even though the charges will ultimately go away there are some things that wont. For instance, a friend of mine recently applied for a job that did not simply ask if he had been convicted of a felony. It asked specifically if he had ever pleaded guilty, nolo contendere, or entered a pre-trial diversion program. Completing the program smoothly does not necessarily mean that this incident will be completely over for her.
Shame on the DA in this county for moving forward in this way. The police were stupid to arrest her in the first place but hey, that's what they do. Proceeding with criminal charges, particularly in a case where no one was hurt and no property was damaged, is completely at the discretion of the DA.
This is bullshit and no one should be pleased with this outcome.
[+] [-] jellicle|13 years ago|reply
Job well done. One scientist eliminated from useful society.
[+] [-] will_brown|13 years ago|reply
Additionally, the record is not erased, but she would have the option to seal or expunge her record after a period of time governed by Florida Statute. Of course both military and Feds can always see sealed/expunged records (not that the public will not generally remember this name for some time to come) and if she ever wanted to join a bar (despite being interested in science now, this experience may encourage her to become an attorney fight this kind of injustice on a daily basis), they generally make you unseal your record.
[+] [-] ignostic|13 years ago|reply
These "zero tolerance" policies turn into decisions with zero judgement and sense. Indeed, they're intended to remove human judgement from the equation.
[+] [-] gfosco|13 years ago|reply
[+] [-] criley|13 years ago|reply
>"The pending case has been dismissed. No formal charges will be filed," read the office's statement.
[+] [-] guelo|13 years ago|reply
The state attorney and the school district are the ones that should be expelled.
[+] [-] itafroma|13 years ago|reply
Indeed. From that article, it's not an unconditional dropping of charges:
> The office of State Attorney Jerry Hill, whose jurisdiction includes Polk, said that it extended "an offer of diversion of prosecution to the child." That typically means a probationary-like program that allows the youngster to perform community service or meet other conditions and then avoid a criminal record.
> Brian Haas, an assistant state attorney and spokesman for the office, said he could not provide details of the diversion-program agreement reached in a juvenile's case. But he said the teenager and her guardian had signed the agreement.
[+] [-] HarryHirsch|13 years ago|reply
On the other hand you have the Texas Tech explosion, (http://www.csb.gov/texas-tech-university-chemistry-lab-explo...), where a fifth-year grad student (!) was told to prepare 100 mg of a genuinely fickle explosive, but instead cooked up 10 grams, which he then ground in a mortar (!!), and it predictably exploded, injuring the fellow gravely.
His fellow students had concerns about his working habits, which are on the record, and neither the student, nor his supervisor were charged with anything. This isn't correct.
[+] [-] olefoo|13 years ago|reply
//satirical if that's not obvious.
[+] [-] dickfickling|13 years ago|reply
Edit: To be clear, I have no problem with explosions - 'for science' or otherwise. I have a problem with explosions on school property, unsanctioned by professors, and without proper (or any) safety equipment.
[+] [-] rickhanlonii|13 years ago|reply
>I can’t name a single scientist or engineer, who hadn’t blown up, ripped apart, disassembled something at home or otherwise cause a big ruckus at school all in the name of curiosity, myself included. Science is not a clean. It is very messy and it is riddled with mistakes and mishaps.
I think it's time we start making a distinction between an explosion which is made with the motivation of violence and destruction, and just explosions.
[1]: http://goo.gl/8Lpp2
[+] [-] mindcrime|13 years ago|reply
Those two things aren't necessarily mutually exclusive.
[+] [-] InclinedPlane|13 years ago|reply
Lest we forget, the most prestigious prizes in all of science, the Nobels, were created by a man who invented explosives.
[+] [-] mikeash|13 years ago|reply
[+] [-] duaneb|13 years ago|reply
[+] [-] n3rdy|13 years ago|reply
It's dangerous because its possible to lose some digits if you hold the thing in your hand too long, but if someone were intentionally trying to lose a finger that way, they would find it more difficult than they imagined.
[+] [-] damoncali|13 years ago|reply
[+] [-] tiredofcareer|13 years ago|reply
[+] [-] duaneb|13 years ago|reply
Jerry Hill, contact info on the right side: http://www.sao10.com/
Bartow High contact information (it seems that Ronald Pritchard would be the person to contact): http://www.bartowhighschool.com/Contact%20Us.html
Note: I'm all for writing letters, but civil letters will get you the farthest.
[+] [-] mindcrime|13 years ago|reply
[+] [-] SeanDav|13 years ago|reply
Now if only someone could charge the original instigating teachers and officials for wasting police time or even better, place them in an institute for the criminally stupid...
[+] [-] desireco42|13 years ago|reply
I don't consider her completely innocent, but still this was nothing that would require such severe penalties.
[+] [-] duncan_bayne|13 years ago|reply
[+] [-] dnautics|13 years ago|reply
[+] [-] danso|13 years ago|reply
[+] [-] rhizome|13 years ago|reply
[+] [-] davorak|13 years ago|reply
[+] [-] graycat|13 years ago|reply
Hmm?????
Try
http://library.sciencemadness.org/library/books/ignition.pdf
From chemistry lab, remember the Bunsen burner? Yup, there was a Bunsen, a chemist. He was blind in one eye, from some chemistry experiment gone wrong.
They called him 'fingers' because on one hand he didn't have any -- one of his science experiments blew off his fingers.
The PDF above, it's a total, thigh slapping, laugh yourself dizzy riot! It's about the chemistry research for liquid rocket fuels, not really for the huge US Saturn moon rocket (just kerosene and liquid oxygen) but for smaller rockets such as anti-aircraft missiles. It's a riot: The stories of "red fuming nitric acid" mixed with all kinds of stuff they could dream up, using mostly just the TIFO method -- try it and find out -- blowing holes in the roofs of labs, creating stinks that make a skunk smell like roses, doing things in cities that should only be done in deserts 100 miles from anyone, doing things in deserts, e.g., creating a column of smoke two miles high, that maybe shouldn't be done this side of Pluto, is a total SCREAM. Then there were the 'mono-propellents' -- no mixing or ignition required. Some were weak, say, for just gentle orientation of a spacecraft. Others were attempted for lots of thrust. Alas, once the reaction starts, might it just quickly move to the whole supply of mono-propellent? Yup, darned right. And, then, right -- kaBOOM.
It's standard: Have much curiosity about chemistry, and some things will likely go BOOM. It's true at 14, 40, with a chemistry Ph.D. or not.
I was never injured, but not for lack of a lot of chances. For one, apparently I didn't use enough KNO3 with my C and S! Dad had a 100 pound bag of NH4NO3 to make the lawn green. It REALLY made the lawn green. Put that stuff on and get some rain and have to mow the lawn every other day, and it's a DARK green. AMAZING stuff. It was readily available because the surrounding areas were full of cotton farms, and it did great things for cotton.
I only worked with about a 1/2 cup of NH4NO3 at a time and got nothing out of it. Good thing: I might have lost a hand.
Once actually learn some real chemistry, then see (1) even if know a lot of chemistry, messing with such energetic reactions, where the reactions or some unintended byproducts might be wildly unstable, and, as of the time of the PDF above, even good chemistry can't predict what will/will not be unstable, can be dangerous and (2) if its not dangerous, then just do the energy calculations on paper and f'get about mixing up the actual ingredients.
Still, Al and NaOH drain cleaner, just gather the whole school together and tell them -- just do NOT do such things because you or someone else might lose a hand, eye, etc. Then DROP it. For the DA, hmm, add him to the list with the person in Boston who went after Aaron.
[+] [-] qwerta|13 years ago|reply
[+] [-] gnht|13 years ago|reply
[deleted]