Author Topic: Boonville police urge caution on Kemper  (Read 13204 times)

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Offline Timoclea

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Boonville police urge caution on Kemper
« Reply #45 on: April 15, 2005, 01:52:00 PM »
If you stuck a clause in the sale agreement that said:

The city shall have the right, in perpetuity, to inspect the property at any time.

Neither duct tape--nor any other type of tape or adhesive or bonding material or device used for a restraining purpose, restraints, nor pepper spray, shall be used on any student in the facility at any time.

Should the city determine at any time that duct tape or any other type of tape or adhesive or bonding material or device used for a restraining purpose, restraints, or pepper spray, are being used or have been used on the property on a student, or off the property under the control of staff, administration, or their agents or assigns acting on behalf of staff or administration on a student at that time enrolled in the school, the property and all improvements thereon shall immediately revert in its entirety to the ownership of the city.

In the event of such reversion, the purchaser agrees that all monies or other valuable consideration paid for the property and the improvements thereon shall be deemed forfeited and neither the purchaser nor owner nor anyone associeted therewith shall have any right to any refund or payment of any amount of same.

This clause shall be a deed restriction, attached to the property in perpetuity, and shall be binding on any and all subsequent purchasers or any who obtain any ownership interest, in whole or in part, in the property or the improvements thereon at any later date.

----------------------------------------

If you put that clause in the contract, do you *really* think Hinton or his people would go through the sale?  No?

If they're not willing to put it in writing, with teeth, they don't really mean it, do they?

It's just like negotiating a pre-nup agreement.  If you agree with your prospective partner that you're going to have a contract, and your partner swears up and down that he/she will be faithful to you in your marriage, and is unwilling to put a punitive clause in the prenup specifying substantial damages if either of you is unfaithful----if you really care about fidelity, you'd be a friggin' idiot to still marry the schmuck.

So mister or miz "give them a chance"---unless you're willing to put it in the contract and put it in with *teeth* and see if Hinton and/or his people are willing to sign it and go through with the sale, then you are just sharing a wink, wink, nudge, nudge with Hinton over the restraints, duct tape, and pepper spray issue.

If you aren't willing to put it in the sale contract, with very sharp teeth, and tell Hinton to go to hell if he won't sign, then you're not just gullible as hell---you think *we* are, too.

If you *really* believed he wasn't going to abuse the kids in these ways, you'd be willing to stick it in the contract, with teeth, and tell him to go to hell if he wouldn't buy on those terms.

If you aren't willing to put it in the contract with teeth and to hell with it if it nixes the sale, then you don't really give a damn if he abuses the kids---you just want to lie to yourself and us that you give a damn.  You just want the money in a way that lets you wash your hands of the consequences and lie to yourself about it so you can look yourself in the mirror each day and when and if it happens say, "Oh, we didn't know.  He *lied* to us?!  Who could have *ever* thought such a nice man would have lied to us?!  It's not *our* fault, oh, no, it's not."

I hope you're a nice, sincere person who really believes him but will put it in the contract, and risk losing the sale, just to make sure.

But money can be a strong incentive for people to lie to themselves and others and look the other way while bad people do bad things.

Now, I don't know for sure that Hinton is a bad person or is going to abuse those kids.

But I *do* know for sure that if he is really sincere about keeping it from happening, he wouldn't even blink about putting a clause like that, with the wording cleaned up by the lawyers, in as part of the sale agreement.

And I *do* know for sure that if you are really sincere about keeping it from happening and don't just want to be able to plausibly wash your hands while taking the money and running, that now that the means of *ensuring* he's telling the truth---or fixing it at no cost to your city if he's not---has been pointed out to you, that you will insist on such a clause in the agreement.

So, which are you?  Sincere, or money hungry?

You're one or the other.  There is no more gray.  You either are willing to make him suffer the consequences if he's lying to you---or go away before he pays you in the first place, or you want the money so bad you just want to pretend you care.

No gray.  Where do you stand?

Timoclea

Vain are the thousand creeds that move men's hearts, unutterably vain, worthless as wither'd weeds.
--Emily Bronte

[ This Message was edited by: Timoclea on 2005-04-15 10:53 ][ This Message was edited by: Timoclea on 2005-04-15 10:56 ]
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Offline Antigen

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Boonville police urge caution on Kemper
« Reply #46 on: April 15, 2005, 02:03:00 PM »
Timoclea, what about shipping the kids off to TB? How do you legally rule that out? How would you even know if they were complying w/ a measure like that?

There is a principle which is a bar against all information, which is
proof against all arguments and which cannot fail to keep a man in
everlasting ignorance- that principle is contempt prior to investigation.
--Herbert Spencer

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"Don\'t let the past remind us of what we are not now."
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Offline Anonymous

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Boonville police urge caution on Kemper
« Reply #47 on: April 15, 2005, 02:18:00 PM »
Quote
On 2005-04-15 06:43:00, Anonymous wrote:

"And how about this little coincidence?



http://www.topflightacademy.com/index.php



Mailing address:



Top Flight Academy

PO Box 145

Mt. Pleasant, UT 84647

"


Isn't this the program Gayle Palmer-DeGraff worked for as THE ADMISSIONS REP? Check out this forum for other posts (e.g. Rembering Aaron Bacon) for more information about the background of Gayle DeGraff and also the PURE case where her name comes up.
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Offline Timoclea

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Boonville police urge caution on Kemper
« Reply #48 on: April 15, 2005, 02:58:00 PM »
Quote
On 2005-04-15 11:03:00, Antigen wrote:

"Timoclea, what about shipping the kids off to TB? How do you legally rule that out? How would you even know if they were complying w/ a measure like that?

There is a principle which is a bar against all information, which is
proof against all arguments and which cannot fail to keep a man in
everlasting ignorance- that principle is contempt prior to investigation.
--Herbert Spencer


"


Well, I did say that the city would retain the right to inspect the facility at any time.  They'd be able to go in and check.

On Tranquility Bay, you could stipulate that the school would not transfer the children anywhere, that they could suspend or expel students, but could not release them into the custody of anyone but the custodial parent or guardian, or social services.  You could stipulate that neither the facility, nor any employee, administrator, owner, or agents or assigns of same could be the legal guardian of any child *except* the temporary in loco parentis custody inherent in schooling.  You could stipulate that if the child was suspended or expelled he or she could never be released into the custody of any staffer, administrator, owner or agent or assign of any facility, even if such person had acquired legal guardianship of the student, but would have to be released into the custody of local social services instead pending a guardianship hearing in family court.

I think disallowing transfers without directly returning the child to custodial parent or (real) guardian, or release to social services and a guardianship/custody hearing in the family court with jurisdiction over the child.  

I suppose if the family court hearing would have to legally be in a certain jurisdiction, by overriding existing law, that you'd need to have local social services transfer the child to the custody of social services in the appropriate jurisdiction.

I don't know what the lawyers would let you do towards putting that clause in--I don't know the legalities.

I do know you'd need to insert a severability clause so that if any clause in the contract was thrown out by a court, the other clauses would remain in force.

Part of the problem is that current disability law makes it so that if your kid is badly disabled, you may have to relinquish custody to the state in order to get treatment.  This is one of the provisions in the law that organizations like CABF are trying to get changed.

I guess you could put in a clause making them agree to only accept children where the custody of the child rests with a parent, adoptive parent, or blood relative.  That would keep them from getting hinky with the legal custody like BM schools sometimes do.

Timoclea

A slipping gear could let your M203 grenade launcher fire when you least expect it.  That would make you quite unpopular in what's left of your unit.
-- In the August 1993 issue, page 9, of PS magazine, the Army's magazine of preventive maintenance

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Offline Timoclea

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Boonville police urge caution on Kemper
« Reply #49 on: April 15, 2005, 03:12:00 PM »
I do know that if you really wanted to you could hem them in with enough deed restrictions that they would *have* to keep their promises or have the deed revert to the city and the city get to keep the money and the buildings on the land, etc.

You could also put in that if there's a lawsuit over the contract, the buyer(s) or the people they sell to have to pay legal expenses and court costs if they lose.

You could also put it in that non-enforcement of contract provisions doesn't waive the right to enforce them, or to enforce them at a later date.

To get that bit to hold up, you'd probably have to say the city would have a time limit on a specific breach of contract to pursue it for two years with the clock starting not when the breach occurred but instead when the city found out about the specific violation asserted as a breach.

It would probably be much easier to enforce all this if instead of selling the property outright the city insisted on a long-term lease with option to renew.  Peg the lease renewal amount to the federally determined annual rate of inflation.

It probably makes more sense all around, if the city has concerns---which it darned well should have----for it to insist on leasing the property instead of selling it.

You could have the city able to terminate the lease if Kemper breached the terms.

You could have the city be able to refuse to renew the lease *either* if Kemper breached the terms *or* if the city paid a set fee, indexed to inflation, in lieu of giving Kemper the option to renew.

It's narrowly possible, barely possible, that Hinton wants to get out of the "troubled teen" industry and run a conventional military school.

But I doubt it.

If he does, though, he should be willing to ensure the city ongoing lease income while assuming legal, enforceable obligation to do what he's telling the city he's going to do.

If he means his assurances, he won't have any problem putting them in writing.

It's better for the city to get ongoing income from the property than sell it and get a one-shot infusion of cash, anyway.  The ongoing income ultimately reduces the tax burden on the locals for the amount of services they get.

If I were a local, I'd want the lease option, anyway.

If Hinton really means what he says, why would he even remotely have a problem with that?

Timoclea

I believe that when I die I shall rot, and nothing of my ego will survive. I am not young, and I love life. But I should scorn to shiver with terror at the thought of annihilation. Happiness is none the less true happiness because it must come to an end, nor do thought and love lose their value because they are not everlasting.
--Bertrand Russell, British philosopher, educator, mathemetician, and social critic

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Offline Anonymous

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Boonville police urge caution on Kemper
« Reply #50 on: April 15, 2005, 03:20:00 PM »
http://www.columbiatribune.com/2005/Apr ... ews002.asp

Former student alleges months of abuse
School leader proposes campus in Boonville.



By JOHN SULLIVAN of the Tribune?s staff

Published Friday, April 15, 2005

BOONVILLE - A former student of a behavior modification school in Jamaica alleges that Randall Hinton, who has proposed opening a similar school on the former Kemper Military School property, abused him and others during his stay there.

Layne Brown, 23, of Kanab, Utah, told the Tribune by phone last night that he met Hinton at Tranquility Bay in Jamaica in 1997. Staff at the facility used excessive restraining tactics, including pepper spray, duct tape and painful holds, as punishment for not following rules, he said.

Brown said he was put in "observation placement," in which he and other new students were forced to lie on their stomachs for more than eight hours a day for days on end with only brief moments to stand and stretch. The goal was to break the will of the teens, he said.

When Brown resisted by standing up to stretch without permission, the staff jumped on him, he said. At least five muscular staff members subdued him, twisting his arms behind his back past the point where his wrists touched his shoulders, Brown said. The staff then used the pepper spray, he said.

Brown estimated such attacks occurred three times a day and for as long as three or four months. During that time, the teens were forced to defecate and urinate in black garbage bags tied around their waists like diapers, Brown said. Staff members dragged Brown across the cement floor facedown, resulting in a chipped tooth and scars on his shoulders, knees and chin, he said. One staff member used a hard-bristle toilet brush to "scrub" his body and genitals, he said.

"It was totally degrading," said Brown, who added that he eventually stopped resisting and was moved to a less restrictive environment at the school. "I couldn?t figure out why somebody would actually do something like that."

Brown named Hinton, as well as Tranquility Bay owner Jay Kay, as among five people involved in the acts in an affidavit Brown?s mother, Terry Cameron, prepared after learning about Hinton?s plan to open a Boonville operation. Cameron sent the affidavit, as well as videotape of Hinton admitting the use of pepper spray, to Boonville officials and media, she said.

The video was produced by an attorney whose child also claims to have been abused at Tranquility Bay. It is mentioned in a Boonville police report that recommends further investigation of Hinton, business partner Robert Lichfield and World Wide Association of Specialty Programs and Schools.

Tranquility Bay?s Kay is the son of Ken Kay, the current president of World Wide.

Founded by Lichfield, a Utah businessman, World Wide consists of seven U.S. schools and two others abroad. Many of the programs are facing intense scrutiny from law enforcement, elected officials and journalists. At least eight affiliated schools and organizations have closed or been shut down over the past decade.

Many parents vouch for the programs? effectiveness, but opponents say they leave children with deep emotional scars.

Cameron said she was tricked into sending her son to Tranquility Bay for treatment of a drug addiction by officials at a referral hospital known as Brightway Adolescent Hospital in St. George, Utah. Brightway, reported to be owned by World Wide, closed in 1998 under pressure from Utah health department officials. Cameron said she spent about $30,000 in tuition during the nine months Brown attended Tranquility Bay.

Lichfield is helping Hinton revive the former Kemper Military School and its crumbling buildings. The Boonville City Council is considering a contract to sell the property to Lichfield?s Golden Pond Investments Ltd. of Utah.

Hinton would lease the property and operate a military-style school with his younger brother Russell Hinton. Randall Hinton denies Kemper would be an affiliate of World Wide, although Lichfield is fronting the money for the venture and is one of only three members on World Wide?s governing board.

Brown?s attorney, Henry Bushkin of Los Angeles, said the business arrangement between Lichfield and Hinton in Boonville is typical of other schools in World Wide?s network. Lichfield usually buys property through a limited partnership, then leases it to the school?s operator.

Bushkin said Lichfield typically creates one or several more limited partnerships that buy or invest in the company that owns the school property, thus making it extremely difficult for any attorney to trace any wrongdoing to him or his organization. The schools avoid criminal convictions by opening schools in states with little regulation of private residential treatment facilities for children or in other countries, where U.S. law enforcement has little jurisdiction, Bushkin said.

Ken Kay, president of World Wide, denies any connection between World Wide and Lichfield?s interest in private boarding schools. Lichfield?s investments in the schools are among many business investments, which also include grocery stores and office buildings, Kay said. Lichfield could not be reached for comment.

Hinton on several occasions has declined to comment on Brown?s allegations, saying only that he believes he and the staff at Tranquility Bay helped Brown overcome his problems.

Brown now lives with his mother, who said he is off drugs, but he said he still has nightmares about his experience in Jamaica. "I still have difficulty trusting people," he said.

He warned Boonville residents about Hinton. "He acts like a family man ? but there is something there deep inside of him that is evil," he said. "He can pull the wool over your eyes really easy."
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Offline Antigen

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Boonville police urge caution on Kemper
« Reply #51 on: April 15, 2005, 08:58:00 PM »
Quote
On 2005-04-15 11:58:00, Timoclea wrote:

you could stipulate that the school would not transfer the children anywhere, that they could suspend or expel students, but could not release them into the custody of anyone but the custodial parent or guardian, ...


... who would then turn them over to Rick Strawn or someone like him for transport to the other facility.

No deal. These people can't be trusted. If the deal goes through, it'll be another legal nightmare trying to route them. And this after whatever personal nightmares they inflict on the kids.

The inspiration of the Bible depends on the ignorance of the person who reads it.
--Robert G. Ingersoll, American politician and lecturer



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Offline Antigen

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Boonville police urge caution on Kemper
« Reply #52 on: April 17, 2005, 02:31:00 PM »
Welcome Old Boys and Kemper Alumni. Thanks for linking to our forum. For your convenience, here's a link to Anonymity Anonymous
Some days, it's just not worth chewing through the leather straps.
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Offline Anonymous

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Boonville police urge caution on Kemper
« Reply #53 on: April 19, 2005, 11:39:00 AM »
The Booneville City Council voted last night - to not sell the property to the Hinton's/Litchfield group.

One small victory for the City of Booneville - but where will they try next ?
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Offline cherish wisdom

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Boonville police urge caution on Kemper
« Reply #54 on: April 19, 2005, 12:15:00 PM »
They obviously need another facility - they'll use just about anything - even an old run-down motel.  

You know, if Mama Cass Elliot would have shared that damn sandwich
with Karen Carpenter, they would both still be alive today!!!!!!!

--chongo

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If you lack wisdom ask of God and it shall be given to you.\"

Offline Anonymous

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Boonville police urge caution on Kemper
« Reply #55 on: April 19, 2005, 12:22:00 PM »
CW ~ That's their favorite, besides warehouse buildings.
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