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Troopers: A report on alleged sexual assault & problematic behavior by MAASIN


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https://www.wsmtlaw.com/attorneys/john-a-masterson.html

 

 

what law firm made the statement for the Troopers? who's an associate? Looks like i was right.

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33 minutes ago, rjohn76 said:

I was going to mention something to this effect last night because it's a valid concern.  You're not talking about a school or camp facility in a fixed location where you have a pre-determined agency or agencies to report to.  You're talking about traveling groups that can literally cross countless geographic/governmental jurisdictions in the course of one day/night.

Following the guidelines in most states, the person obligated to report should notify the primary law enforcement agency in the jurisdiction that they're in when they first suspect or become aware that an assault may have occurred.  With very few exceptions, all law enforcement agencies are required to accept such reports.

Once the report is submitted to the law enforcement agency that has immediate jurisdiction, it becomes their responsibility to conduct a preliminary investigation to determine the "w's" (who, what, where, when, etc...).  If they determine that an assault occurred within their jurisdiction, the investigation continues under their oversight (or the proper agency within their jurisdiction).  However, if they determined the assault may have occurred in a different jurisdiction, they are obligated to refer the report to the appropriate investigating agency.  Usually there's a timeframe in which this referral should occur.  This timeline can range from "immediate" to a set period of days depending on jurisdiction.  That's where things sometimes fall off the rails.  If they're unable to determine the correct investigative agency, the report may literally go nowhere.  Or it may get passed off to an understaffed/backlogged state level agency that won't touch it for days, weeks... or maybe longer.  

While all of that's going on... it's important to think about what's happening at the corps.  

Is the mandatory reporter also obligated to submit the incident to the corps for review & proper handling?

What is the corps' process for handling this type of situation if they do become aware of it?

What if the incident involves a person of authority that can influence the process?

What happens when law enforcement starts to poke around?  Despite what's portrayed in some of the cop shows on TV, most law enforcement agencies will move forward in a discrete manner while conducting their investigation.  This may mean discrete visits to the housing site where the corps is staying, or asking the victim, alleged suspect and any witnesses to come to the agency's station to give their statements.  

Is the corps prepared to support this type of law enforcement intervention without the benefit of knowing exactly what is happening (which is entirely possible if the mandatory reporter didn't notify the corps).

Are the victim and alleged suspect still continuing on tour? 

Does the fact that they were interviewed by the police for an undisclosed matter change that decision?

What happens if the corps is scheduled to travel to the next destination three states away?  This isn't a Law & Order crossover event where detectives/investigators jump on a plane or travel on a dime.  The corps pulling out of town could inadvertently delay or even cause the investigation to be suspended if key person(s) are not reasonably available.

Is the corps prepared to delay/cancel travel to facilitate an investigation?

What are members going to be told?

What's the public message going to be when corps XYZ failed to arrive & perform as scheduled at the next show?

TLDR - It's more complex than just handing off to law enforcement.  Detailed thought needs to be put into how the corps will handle these types of situations, and it needs to take into account every aspect of things from the victim on outwards.

Well to go with what you posted. What will be the ramifications if a corps doesn’t follow through 100% in their legal responsibilities. Always said corps are one “oh crap” or lawsuit away from going away permanently.

All you posted is yet another reason why corps and DCI need to get with experts in drafting policies. The days of we can handle it all ourselves are long gone. Took govt couple of years to get its policy fleshed out. And every few years that changes as society changes

Edited by JimF-LowBari
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17 minutes ago, Jeff Ream said:

https://www.wsmtlaw.com/attorneys/john-a-masterson.html

 

 

what law firm made the statement for the Troopers? who's an associate? Looks like i was right.

Man how many missteps and burnt bridges did it take for them to find someone who appears to be knowledgeable? And gotta figure Troopers aren’t the only corps with hard heads running things.

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3 hours ago, Jeff Ream said:

you had police then. you had parents then. there were people you could go to, or you could quit, and if enough people walked, well, that would get attention, so sorry, not buying the argument. And it wasn't meant to be a generational insult...it's that past generations weren't encouraged to speak up. snitches get stitches and all. it was the times.

Sorry if my response sounded accusatorial, but my primary concern is the way the words of that portion of the post may sound to people who were victims of abuse back then, even though I know your intentions were not harmful.  

Based on many of the things you’ve said here, I honestly thought you would see what I meant.  But given the hostile response I got from others, I am apparently seeing things no one else ever would.  Perhaps my own childhood experiences prevent me from seeing these matters with clear eyes.  Apologies to all.

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50 minutes ago, skevinp said:

Sorry if my response sounded accusatorial, but my primary concern is the way the words of that portion of the post may sound to people who were victims of abuse back then, even though I know your intentions were not harmful.  

Based on many of the things you’ve said here, I honestly thought you would see what I meant.  But given the hostile response I got from others, I am apparently seeing things no one else ever would.  Perhaps my own childhood experiences prevent me from seeing these matters with clear eyes.  Apologies to all.

no offense taken. But i'll be honest...i know 30 years ago i would brag about how my ### got kicked some weekends without better care and water and feeding and such on parking lots or whatever #### field a DCA corps got...i wouldn't put up with it now.

 

or seeing staff and kids in DCI corps that drank together or dated or more that maybe never came to light. Now? No way. but then again, it appear stupidity still happens.

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Interesting detail that is easy to overlook... 

Much of the concern here is regarding an incident that took place during the 2017 season, and how Kristy Jackson handled the situation.  The topical material we are reading makes it sound as if she was in sole charge of the corps at the time.  Remember, though, that it was not until September of 2018 that Kristy Jackson ascended to the corps director position. 

A couple of takeaways from that:

- Those who have already mentioned training administrators (not just executive directors) have a good point.  With these long tours, the ED may not be on the road every day.  It is important that the second-in-command (better yet, all staff) be fully trained and able to deal with such situations.

- You would think that promotions from within would have the very best opportunities for thorough vetting.  What does this say about that process?

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23 hours ago, RetiredMusTeach said:

Try to avoid having the guard captain address sexual assault between two members. Are you kidding me?

That's the one aspect of the situation that was most disturbing--asking the guard captain to address the situation is not only incredibly unfair to the guard captain, but it sends the message that the situation wasn't considered a serious issue.

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8 minutes ago, jthomas666 said:

That's the one aspect of the situation that was most disturbing--asking the guard captain to address the situation is not only incredibly unfair to the guard captain, but it sends the message that the situation wasn't considered a serious issue.

IIRC the guard captain was 19 at the time. To borrow from the military, whiskey Tango Foxtrot 

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16 hours ago, Jeff Ream said:

https://www.wsmtlaw.com/attorneys/john-a-masterson.html

 

 

what law firm made the statement for the Troopers? who's an associate? Looks like i was right.

It makes perfect sense. 

Plus the guy is incredibly qualified. He also has experience in the type of activity being discussed:

"In 1990, John became an Assistant District Attorney in Casper, with extensive experience in the prosecution and litigation of narcotics cases, domestic violence offenses, sexual assault and child exploitation."

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