Friday, November 20, 2009 East Central Illinois

3 former educators charged in Jon White case aftermath

By: Mary Schenk

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Friday, August 08, 2008

URBANA – Charges filed against former Urbana school administrators are justified and come as no surprise, say lawyers for several victims of a former teacher there.

Meanwhile, lawyers for the three accused administrators say they're ready to defend their clients vigorously against the seldom-invoked charges, while Champaign County's top prosecutor says she's not worried about political fallout from the Jon White case in an election year.

On Wednesday afternoon, State's Attorney Julia Rietz filed misdemeanor charges of failure to report suspected child abuse or neglect against Gene Amberg, 58, of Urbana, former Urbana schools superintendent; Carmelita Thomas, 57, of Champaign, former human resources director of the district; and Janice Bradley, 55, of Champaign, former principal of Thomas Paine Elementary School.

They are accused of not telling the Department of Children and Family Services the suspicions shared with them by parents of two students who had contact with White, a second-grade teacher at Thomas Paine from August 2005 to January 2007.

Rietz said she issued summonses for the three to appear in court Aug. 22.

White, now 27, was charged in February 2007 in Champaign County for acts that occurred with female students at the school between the time he started through December 2006. After the allegations at the Urbana school came to light, he was also charged in McLean County with similar counts, stemming from when he was a grade-school teacher in Normal between October 2004 and April 2005.

White pleaded guilty in February 2008 in Champaign and McLean counties to 10 counts of aggravated criminal sexual abuse that said he engaged in acts with the girls designed to satisfy his own sexual desires. Specifically, he blindfolded the girls and watched them as they licked substances off a banana in his classroom.

White is currently serving 60 years at Menard – 48 years from a Champaign County judge and 12 from the McLean County convictions.

Parents of two Thomas Paine students brought their concerns about White's so-called "taste-test game" to Bradley in November 2006 and January 2007.

Rietz filed two counts of failure to report against Bradley based on her conversations with the parents and at least one of the children. The charges against Amberg and Thomas allege that they failed to report their suspicions as of Nov. 2, 2006.

Bradley's attorney, Ed Piraino of Champaign, said Bradley passed on the information as required.

"She swears she reported everything she was told to her superiors and the state. My client says she complied with all the laws she's required to comply with and she welcomes a chance to go to trial," Piraino said. "We're going to plead not guilty and request a speedy trial. She says she wants to get it behind her."

Bradley was suspended from her post in the wake of White's arrest. She, Amberg and Thomas had all planned to retire at the end of the 2006-07 school year, even before the White case came to light. Attorneys for all three said they instructed their clients not to talk to reporters.

"We got the suspension completely cleared up," Piraino said. "She was reinstated and retired with full pay and benefits."

Urbana attorney Tony Novak called Amberg's 35-year record in the education profession "unblemished."

"He, of course, abhors crimes against children. Gene conducted himself throughout his career with one primary goal: to benefit the children under his care."

Thomas' attorney, Dan Kennedy of Champaign, specializes in abuse and neglect cases and teaches the subject matter at the University of Illinois College of Law. He maintains Thomas did nothing wrong.

"To hold a person to that standard, you have to show they had a reasonable belief there had been an act of abuse or neglect. In my client's case I don't believe she ever formed a reasonable belief that abuse or neglect ever occurred. We'll vigorously defend this charge."

As for who will pay for the legal bills for Thomas, Bradley and Amberg, that's still a gray matter.

"Urbana school district is currently researching to confirm whether a public school district has the authority or obligation to pay for the criminal defense of current or former employees. Until this can be conclusively determined, the school district cannot comment any further about this matter," wrote Dennis Weedman, the Urbana school district's lawyer, in an e-mail Thursday.

Tom Bruno, an Urbana lawyer representing five of the victims and their families, said the basis for the charges is no surprise.

"I think my clients are – and have been for quite some time – disheartened and disappointed in the role of school districts, so they take no great joy in seeing these criminal charges filed, but it confirms facts that we've known now for some time," he said.

Champaign lawyer Ellyn Bullock, who represents two of the victims and their families, said she talked to the mother of one of the young girls on Thursday. "She said it was really sad and she felt bad that they had been charged, but that it was the right decision to charge them criminally," Bullock said. "At least four people told these people, these particular administrators, what was happening."

The lawyer also said that the charges for failing to make reports of suspected child abuse shouldn't have stopped in Champaign County. "The Normal (school district) administrators were the first ones, and if they had made their mandated reports, it could have saved all the Urbana victims," Bullock said. "They should be charged."

In McLean County, State's Attorney Bill Yoder said "there are no pending charges ... for failure to report." He would not comment on whether charges were under consideration.

Both Bruno and Bullock said the new charges wouldn't affect current or upcoming civil suits.

Rietz said she's not worried about being criticized for filing the charges against the now-retired administrators so long after their alleged omissions came to light.

"Our first priority in the Jon White case was Jon White, and I'm very pleased with the result of that part of the case," she said, referring to the minimum of 30 years he will have to serve given credit for good time.

"After that we wanted to thoroughly review the evidence and the law with regard to the failure of Urbana school district officials to act once they learned of the parents' concerns. This is a statute with very little underlying case law. It is rarely used," said Rietz, noting it's the only such case she has filed in her four years as state's attorney and the only one of its kind she can recall in the 15 years she has practiced in Champaign County.

Rietz said she is confident about the strength of the state's case against Amberg, Thomas and Bradley or she wouldn't have filed the Class A misdemeanor charges. The maximum penalty upon conviction is 364 days in the county jail.

"This is a decision my office made based on our review of the facts and the evidence. It was not made at the urging of the parents or because of the filing of civil suits," she said.

"I have big decisions to make every day, and I'm not basing them on an election that's 90 days away," she said.

Jon White case timeline

A timeline of Jon White's tenure in Urbana schools and its aftermath:

August 2005: Hired to teach at Thomas Paine Elementary School in Urbana.

November 2006: One girl's parents raise concerns about White's conduct with their daughter in interviews with Janice Bradley and Carmelita Thomas. They also speak with Gene Amberg.

Early January 2007: A second girl's parents raise concerns about White's conduct with their daughter in an interview with Bradley.

Jan. 31, 2007: White is arrested outside the school and later charged with predatory criminal sexual assault and aggravated criminal sexual abuse. Charges later follow from White's prior teaching position in McLean County.

Feb. 20, 2008: White pleads guilty to eight counts of aggravated criminal sexual abuse in Champaign County and, later, to two counts of the same type in McLean County.

April 4, 2008: White sentenced to 48 years in prison for his crimes in Champaign County, and later to 12 more years for his crimes in McLean County.

July 25, 2008: First civil suit filed in federal court, with charges against school districts in both counties, as well as against Bradley, Thomas and Amberg, among others.

Aug. 6, 2008: Charges of failure to make mandated reporting calls filed in Champaign County against Bradley, Thomas and Amberg.

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