Saturday, April 21, 2007

It is eerie how similar this is to VT and happening this week

Eric Hainstock, who allegedly shot and killed the principal at his rural Sauk County school, was bullied by classmates but bullied other kids himself, a friend and a teacher testified Wednesday.
Hainstock, 16, who is charged with shooting Weston High School Principal John Klang on Sept. 29 at the school, was constantly bullied by "quite a few" kids, said his friend, Morgan Gudenschwager, during the second day of a hearing to determine whether a first-degree intentional homicide charge against Hainstock should remain in adult court or be sent to juvenile court.
Gudenschwager, 15, said Hainstock was bullied and was called names by other students and said he and Hainstock had reported the bullying "about 30 times" to school officials.
He said nothing was ever done about it. Gudenschwager's grandfather, Allen Gudenschwager, also testified he reported the bullying but nothing was ever done.

But on cross-examination by Sauk County District Attorney Patricia Barrett, Morgan Gudenschwager agreed that Hainstock did his share of bullying, too, that it was "kind of a two-way street."
Math and physical education teacher Corey Brunett, who had held Hainstock down after a wounded Klang had already wrestled the alleged shooter to the ground, expressed similar sentiments.
"I would classify him as someone who would more likely give and take than be the victim," Brunett said.
Hainstock's attorneys, public defenders Rhoda Ricciardi and Jon Helland, presented Hainstock in court as the victim of bullying from kids at school and physical and sexual abuse from an extended family member. Hainstock also suffers from attention deficit hyperactivity disorder and is socially maladjusted, they said.
They want his case removed to juvenile court so that he can receive treatment.
If tried as a juvenile, Hainstock could be kept in a juvenile correctional facility until he is 25 years old. As an adult, he would face life in prison with release on extended supervision possible only after serving 20 years.
Under state law, anyone 15 or older who is charged with first-degree intentional homicide is automatically charged in adult court.
Earlier Wednesday, child psychiatrist Marty Beyer said under cross examination from Barrett that once Hainstock is released at age 25 from a juvenile facility, she could not guarantee that even with a combination of treatments that he would be prepared to face society.
"I can't predict it that specifically," Beyer said. "But likely with a combination of services that meet his needs he won't be acting out from immaturity or trauma."
Shelley Hagan, of the state Division of Juvenile Corrections, said there would be nothing the state could do to keep Hainstock behind bars or on supervision once he's released from a juvenile facility.
Gerald Konitzer, a section chief from the state Department of Corrections Bureau of Offender Classification and Movement, testified that there's a "maybe 10 percent" chance that juveniles sentenced for an adult crime would be sent initially to juvenile facilities during their teen years before being transferred to adult prisons. But Ricciardi said she was told by someone else at the DOC that there's a "99.9 percent chance" that if convicted, Hainstock would be initially assigned to the Green Bay Correctional Institution for its special education program.

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