So, how does the Burlington bus aide get her reputation back?

The accusation is always on the first page, and the retraction on page 19. – Paul Newman

Thanks to some stellar sources, just as The First Ward predicted in October 2019, Burlington Central D301 bus aide Jean Micklevitz was acquitted of the two aggravated battery to a child felony charges filed against her. And when I say “acquitted” I mean Kane County Judge David Kliment rendered a directed verdict of not guilty.

Once again, a “directed verdict” is a legal rarity by which a trial judge issues a not guilty verdict after the prosecution’s case fails to provide sufficient evidence for a reasonable jury to come to any other conclusion. In other words, the Kane County State’s Attorney’s case against Micklevitz was so deficient that the defense didn’t have to present one.

The story that swept the papers and social media at the time was that the severely autistic boy asked for a juice box while boarding the bus, and After he was told no, he threw himself to the floor and refused to move. So Micklevitz allegedly dragged the child to his seat, punched him several times about the head and body, and purportedly knocked out two of his teeth.

But that wasn’t nearly the whole story nor was it the truth. Taken directly from The First Ward’s original report:

This particular child has difficulty with getting on and off the small school bus. He tends to be fine once he’s seated, but the morning ritual generally consists of the mother picking up her son, thrusting him onto the first bus step, and shouting at the bus driver to close the door.

The problem with this being thrown-into-the-deep-end methodology is, sometimes this 80- to 90-pound second grader physically takes out his frustration on the typically female bus driver, who has to endure it until the aide can wrestle him away.

And that’s pretty much what happened on October 2^nd (2019). The child refused to move from the first step and then he threw himself on the floor. When the aide attempted to pick him up, contain his arms, and take him to his seat, he bit her on the arm and that’s when his already loose teeth fell out.

I also wrote:

I’m sure it will come as no surprise that this child has already gone through as many as four bus drivers, but regardless of the reason, no one should have to show up for work with the expectation of being assaulted.

Upon issuing the directed verdict, Kliment said he’d watched the bus video 20 times adding “The boy was completely out of control” and “There was no punch thrown.” I haven’t always agreed with Kliment’s rulings, but he was dead on here.

So, how is it that State’s Attorney Jamie Mosser, Chief Felony Prosecutor Bill Engerman, and second chair Hannah Thayer saw something so completely different on that tape? Or was it, as is too often the case, they simply bowed to public and School District pressure to scapegoat Micklevitz and cover their own ample asses.

“Let’s just let the judge sort it all out” is not a legal theory.

To be fair, it was former State’s Attorney Joe McMahon who originally pursued this bullshit case, and Mosser so far, has done a far better job applying prosecutorial discretion. But that does not nearly absolve her for failing to drop this one the day she walked into that corner office.

So, shame on you Jamie Mosser! Having worked so closely with you during your campaign, I know you’re better than this. And don’t give me any of that grand jury indictment crap, either. As former New York State Chief Judge Sol Wachter infamously said, “A grand jury would indict a ham sandwich”

Though I certainly expect no better from him, shame on you Bill Engerman for applying the throwing-the-whole-pot-of pasta-against-the-wall trial strategy in the hope that one strand of legal spaghetti would stick. You knew damn well that Judge Kliment was too smart to fall for that horse manure and you’re lucky you didn’t get sanctioned.

The fact that you persist in cruelly and unnecessarily ruining innocent peoples’ lives will eventually come back to haunt you.

Shame on you too Ms. Thayer! The fact you were the lowly second chair in no way mitigates your failure to also apply the appropriate prosecutorial discretion and simply do the right thing.  I know you had serious doubts about this case and claiming “I was only following orders” didn’t work in 1946 and it doesn’t work now.

Then there’s the press! Though the local papers weren’t technically incorrect by reporting the story as law enforcement and the State’s Attorney’s Office presented it, but their lack of the most basic attempt to discern the truth reflects very poorly on them and their so-called brand of “journalism.” The truth is, I didn’t have to lift a finger to get to the bottom of the story because all those internal D301 sources came to me.

Ah! But the most contemptible culprit in all of this is D301 Superintendent Todd Stirn, who by willfully ignoring this eminently predictable school bus outcome, put a minimum wage worker in the kind of impossible position where she was bound to fail.

Mr. Stirn, there are times the law is wrong and some children should NEVER be “mainstreamed!” When those parents refused your request to put their violent child in a safety harness, that should’ve been his last school bus ride. Have I said no employee should have to show up to work with the expectation of being assaulted regardless of any “mitigating” circumstance?

And after you, with your $200,000 a year salary plus Cadillac benefits, refused to take responsibility for this situation – or respond to my initial inquiries – you let a $13 an hour bus aide take the felony fall for your immense incompetence and vast neglect. I’d say “shame on you, too” but you clearly have no shame. I promise I will be following your career with a great deal of interest going forward.

Then there’s all the social media assholes who summarily convicted Ms. Micklevitz without the benefit of a minimal due process. Not only are you the foulest examples of humanity, but particularly in light of the directed verdict, you’ve libeled her, and if she kept those posts, you can be sued for defamation and you will lose.

In the words of the great Dave Chapelle, “Some of you really need to shut the fuck up!” So much for refusing to cast the first stone. Good Christians everyone, right?

But the worst part of all this is, how does Ms. Micklevitz get her reputation and life back? Not to mention spending thousands of dollars to clear herself of felony charges that never should’ve seen the light of day. Does anyone really think Mosser, Engerman, and Thayer will cover her legal fees?

You know what the really sad thing is? This column won’t change a damn thing. The next time a bus aide attempts to deal with a mentally difficult and violent student it will be déjà vu all over again.

Sometimes people really suck!