-ONDAY .OVEMBER
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A concern for offenders’ privacy? I
n September, we reported on a fatherand-son duo who attacked Benjamin Brainerd in Sterling earlier this year. The father, James Velasquez, asked Brainerd whether he was gay. Brainerd said he was, and the two men beat him up, leaving him with thousands of dollars in medical bills. Velasquez and his son, Nicholas, were charged with hate crimes and aggravated battery, both felonies. This fall, they pleabargained their charges down to misdemeanor battery and agreed to pay Brainerd’s medical costs.
Why did the state’s attorney sign off on the lesser charges? One of the reasons, Whiteside County Assistant State’s Attorney Brian Brim said, was because the office had several witnesses who claimed that the assault was not accurately represented by Brainerd. As such, this newspaper sought records associated with the case. Through a Freedom of Information Act request to the Sterling Police Department, we got Brainerd’s statement to a police officer. But the police didn’t have the statements from the Velasquezes or a man who was with them
doesn’t require a state’s attorney to make those davidGIULIANI documents public. David Giuliani But neither does the law is a reporter forbid her from releasfor Sauk Valley Media. ing such records. It’s her You can choice. reach him at Brainerd, the victim, dgiuliani@ asked Joyce whether he saukvalley. com or 800could see the other state798-4085, ments. He and an attorney ext. 525. friend then met with Joyce. Joyce let him and his because the state’s attor- friend read what the ney’s office handled those other witnesses told the interviews. state’s attorney’s office. Unfortunately, State’s That information took up Attorney Trish Joyce about a quarter of a page, denied our FOIA request Brainerd said. for the statements. She But she would not allow noted a recent court deci- them to have a copy. Why sion that stated the Free- keep it secret? dom of Information Act I asked Joyce. Here is
her emailed response in its entirety: “My concern is meeting with victims, hearing their concerns, keeping them informed and explaining decision-making to them. In addition to focusing on the victim, I also consider privacy and safety issues of witnesses to crimes and the impact on future and pending investigations/ cases when providing information about specific cases. This is true even when a case is concluded.� Are prosecutors really that concerned for the privacy of the Velasquezes, two of the three witnesses? They pleaded guilty and agreed to pay Brainerd’s
bills. As for the other witness, Joyce could have simply redacted his name. Joyce’s assistant prosecutor made a statement, and we wanted to see documents to back it up. Now, it looks like the community will have to take the statement on faith. Again, Joyce’s decision to keep the document secret was perfectly legal. But there’s a moral dimension to this. Should even the victim be kept out of the loop? David Giuliani is a news editor for Sauk Valley Media. You can reach him at dgiuliani@saukvalley or 800-798-4085, ext. 525.
ROCK FALLS HIGH SCHOOL
October Student of the Month Tanner Mortonson
T
anner Mortonson, a 17-year-old senior at Rock Falls High School, is the October Student of the Month. His parents are Michele Mennie and Steve Mortonson. His siblings are Tessa, 23, and Logann, 9. Favorite class: Foods, I mean who doesn’t like food and sciences. Extracurriculars: Football, basketball, track, science club, French club, National Honor Society.
Spare time: Play sports, video games, watch movies
After graduation: Sauk Valley Community College to get my general education out of the way and to run cross country, then transfer to Northern Illinois University for petroleum engineering.
What is the key to surviving high school? Be active in school functions and do your homework.
Paycheck: I worked over the summer detasseling and for District 13 doing maintenance work for the district, which was fun. Detasseling is hard work but builds character. Who is your best friend? Carrigan Choui-
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What makes your blood boil? People who are inconsiderate. What kind of music makes your skin crawl? Screamo or heavy metal. Where are some of the places you like to hang out? Rock Falls High School gym for sporting events.
Alex T. Paschal/apaschal@saukvalley.com
Rock Falls High School’s October Student of the Month Tanner Mortonson says his favorite class is foods, but he also enjoys science. nard. We have been friends forever and we are so much alike when it’s just us. Favorite singer or musical group: J Cole Favorite actor: Will Ferrell Movie: “21 Jump Street,� “The Walking Dead�
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Least favorite class? I like all my classes
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Favorite sport: Track. I love running. Favorite food: My mom calls it Tanner chicken, but it’s pork cutlets with gravy. Amazing.
Thank You! A very special thank you to our family & everyone who made our 50th Anniversary very special.
Biggest fear: Scary movies or haunted houses.
OMG! Scaling down has never been easier!
If you could go anywhere in the world for free, where would it be? Switzerland because it is very innovative and has amazing views of the Alps.
Useless knowledge: How to make a clay sculpture. I’m in the dictionary next to: Prescience
Shout out: To all my family and friends.
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