Marion County Attorney Ed Bull has issued a statement Wednesday in response to a complaint filed against him in U.S. District Court in his capacity as County Attorney.
The statement says a Knoxville Schools student and her parents have filed a complaint in connection to a situation in which students exchanged sexually explicit photographs. Bull says he looked for a solution that would help students learn from their mistakes and hopefully prevent their behavior from being repeated, while allowing them to avoid having a criminal or juvenile conviction. Bull says he “ will vigorously contest the allegations in this lawsuit. They are without merit.” As a part of the statement Muscatine County Attorney Alan R. Ostergren says he was disappointed to see the lawsuit filed and prosecutors all over Iowa do exactly what Ed Bull did in this case. The state concluded that lawsuit is without merit and it will be contested in federal court.
The lawsuit claims the photos are not sexually explicit. The name used below is a pseudonym:
“One photo in question shows Nancy Doe from the waist up, hair entirely covering her breasts and dressed in boy shorts. The other photo shows Nancy Doe standing upright, clad in the same boy shorts and wearing a sports bra. The two photographs, which depict no sexual activity or display of pubic area, are not illegal under Iowa crimes code and, indeed, are images protected by the First Amendment.”
A copy of the lawsuit and Bull’s full statement can be found below.
Lawsuit: https://www.google.com/url?q=https%3A%2F%2Fwww.scribd.com%2Fdocument%2F325677069%2FKnoxville-Lawsuit&sa=D&sntz=1&usg=AFQjCNH4hLpFxZ5LmmLonYR_zVh01CU7BA
Ed Bull Statement:
“Today, September 28, 2016, a complaint was filed in the U.S. District Court for the Southern District of Iowa by a student in the Knoxville schools and her parents which names me, in my official capacity only, as a defendant.
“I take the responsibility of being a prosecutor very seriously. In every case my office prosecutes we consider, among other things, whether a criminal charge is appropriate given all of the circumstances. Whether we are dealing with an adult or a juvenile, we decide whether prosecution will be in the interests of the offender, the victim, and society in general.
“This lawsuit is the result of efforts made by my office to respond to a situation where numerous juveniles had exchanged sexually explicit photographs. Rather than take every juvenile to court I looked for a solution that would help them learn from their mistakes and hopefully prevent their behavior from being repeated, while allowing them to avoid having a criminal or juvenile conviction or even a charge on their record.
“We will vigorously contest the allegations in this lawsuit. They are without merit.
“The decision of what should happen next regarding this juvenile will be made without regard to the filing of this lawsuit. I am not going to hold the poor decisions of her parents and her lawyers against her.”
In addition, Muscatine County Attorney Alan R. Ostergren made the following statement:
“As the current president of the Iowa County Attorneys Association I was very disappointed to see that this lawsuit was filed. The law is clear that federal courts, absent extraordinary circumstances not present here, do not issue injunctions to prevent state court cases from being filed or moving forward. The legal conclusions contained in the lawsuit make no sense.
“Prosecutors all over Iowa do exactly what Ed Bull did in this case. He looked for a way to resolve a situation in a manner which was appropriate and beneficial to the offenders, victims, and society in general. It is unfortunate that this girl’s parents ran to federal court instead.”