Archive for the ‘Fifth Amendment’ Category

Palmer school officials cited Fifth Amendment in charter revocation hearing – 77 times

Even in a school district with more than its share of charter-school controversies, the answers stood out. Questioned about billing practices, two officials of an embattled Philadelphia charter school cited their Fifth Amendment right to silence - 77 times.

At hearings on whether to revoke the Walter D. Palmer school's charter, the questions ranged from hard-nosed ("Isn't it true that you lied . . . about accurately submitting invoices?") to humdrum ("Do you have a master's degree?").

Daira Hinson, the Palmer school's director of administration, invoked the Fifth Amendment 22 times in the hearings, which ended last week. Richard Troutman, its controller, did so 55 times.

"It is the first time in anybody's knowledge that a witness has pleaded the Fifth in a charter hearing," said district spokesman Fernando Gallard. "It's very surprising that two high-level administrators decided to plead the Fifth when we are asking questions on issues of overpayment. We're talking about $1.5 million over one single fiscal year."

The Inquirer obtained a transcript of the hearings via a Right To Know Law request.

While last month's abrupt closing of the Palmer charter's high school in Frankford caused turmoil for students and staff, the transcript sheds new light on the scope of the school's problems - which also include an ongoing federal investigation. An agent from the U.S. Department of Education's inspector general's office sat in on portions of the hearings.

Another witness in the hearings was school founder Walter D. Palmer, who stressed that citing their Fifth Amendment right against self-incrimination did not make school officials "guilty of anything."

On Monday he also defended his school in an Inquirer interview, saying, "They could bring a U-Haul in, and they are not going to find any culpability."

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Palmer school officials cited Fifth Amendment in charter revocation hearing - 77 times

Philadelphia charter school officials pleaded Fifth 77 times

PHILADELPHIA Officials from an embattled Philadelphia charter school invoked their Fifth Amendment right against self-incrimination 77 times at hearings on the future of its charter.

The Philadelphia Inquirer reported Wednesday that administrators from the Walter Palmer Leadership Learning Partners Charter School refused to answer questions on topics ranging from qualifications to the accuracy of invoices.

Last week's hearings were part of the Philadelphia school district's fight to revoke Walter Palmer's charter amid academic and financial stability concerns. The school's also the subject of a federal investigation.

A court recently ordered the school to return $1.5 million to the district after finding it enrolled twice the number of students allowed.

Walter Palmer shut down its high school last month in the city's Frankford neighborhood, forcing 280 students to enroll in other institutions.

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Philadelphia charter school officials pleaded Fifth 77 times

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13-year-olds murder conviction overturned

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ALBUQUERQUE, N.M. A state court has overturned a Portales teens 2011 murder conviction and ordered a new trial, according to court documents.

The New Mexico Court of Appeals ruled in an opinion posted Friday that statements DeAngelo Montoya made to investigators were inadmissible because his age precluded him from waiving his Fifth Amendment rights.

Montoya was convicted of second-degree murder in the July 2010 shooting death of 21-year-old Eastern New Mexico University student Angel Vale.

Montoya was 13 at the time of the shooting. He was remanded to a Children, Youth and Families Department group facility until he is 21, the maximum punishment allowed for a child.

The state ruling overturns a pre-trial ruling by District Court Judge Drew Tatum that allowed Montoyas statements.

District Attorney Andrea Reeb said Monday it is her understanding that the state Attorney Generals Office plans to ask the state Supreme Court to review the lower courts decision.

She said if the trial is returned to her district, her office plans to present additional evidence to allow Montoyas statements, and regardless of that decision, plans to retry Montoya.

In his opinion for the court, Chief Judge Rodrick T. Kennedy wrote:

We conclude that the evidence presented by the State through answers to a significant number of leading questions did not amount to clear and convincing evidence of Childs ability to waive his legal rights.

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13-year-olds murder conviction overturned