Snow fort builders facing prison time

Metro West Daily News ^ | May 4, 2005 | Norman Miller

[Nachum]

FRAMINGHAM -- Two Framingham High seniors arrested in January after they were ordered off high school property because they were building a snow fort were found guilty yesterday of trespassing.

Jenna Schroeder and Jason Osorio, both 18, now face a maximum of 30 days in jail after the two-day trial in Framingham District Court. The jury of three men and three women deliberated for about three hours before they reached a verdict.

Judge Douglas Stoddart will sentence the pair May 16. Although punishable by a maximum of 30 days in jail, according to Massachusetts General Law, an offender can also face a fine less than $100 and probation.

Neither Schroeder nor Osorio commented after the trial. Schroeder's attorney, Michael J. Heineman, also declined to comment. Osorio's lawyer, Melvin Norris, was not present during the verdict due to a hearing in federal court in Boston.

The pair were arrested Jan. 25 when police ordered them to leave the high school grounds while they were building a fort in a large pile of snow. The school was closed for the day due to the weather.

The teens claimed they were about to leave when they were arrested. Police said the pair were uncooperative and refused to leave after repeated requests.

During closing statements, both defense attorneys tried to convince the jury the arrests stemmed from the arresting officer, James Smith, getting angry at the "smart ass" teens.

Prosecutor Deb Bercovitch argued it was a clear-cut case -- two people told to leave the property who did not, so they were arrested.

Heineman questioned Smith's truthfulness in his closing statement.

"His credibility is something I'm going to ask you to look closely at," said Heineman. "Officer Smith tells a story that doesn't add up -- that doesn't make sense."

Heineman said Smith originally put a third teen, Edwin Snead, in his cruiser, but never arrested him. The lawyer said Smith grew angry at Schroeder when she asked first why Snead was put in the cruiser, and then asked for his name and badge number.

"Officer Smith never gave a reason -- why didn't he give a reason?" said Heineman. "Because being a smart ass is not a good answer. The evidence shows that Officer Smith was trying to bully and scare these kids."

He said Schroeder, Osorio and Snead were just having a fun day, building a snow fort in the large pile of snow. He said Schroeder's questioning of Smith led to the arrest.

"I would suggest the only crime Jenna broke that day, if it's a crime, is she stood up and asked a police officer his name and badge number," said Heineman. "She didn't cower. She didn't flee. She stood up for a friend. I would suggest the world needs more people like Jenna."

Norris, representing Osorio, said Smith had no right to arrest his client.

"Jason is a student at Framingham High School. Jason was at the Framingham High School. Jason had every right to be at the Framingham High School," Norris said. "The teenagers in this case are telling the truth about the facts of the case.

"Why would an officer exaggerate what happened," Norris continued. "Like all of us, he has a job. Everyone wants to be promoted, wants to get ahead."

"Officer Smith was there on behalf of the town of Framingham and the ground department of the public schools," said Bercovitch. "He (Smith) told you he begged and pleaded for them to leave for 20 minutes. After 20 minutes, he was fed up. There's no argument, he was fed up, but is it reasonable to believe that it was just in the last minute he asked them to leave. I would suggest it was not."

Not only was Smith frustrated, Bercovitch said, but so were the defendants, who would not leave.

"That's all this case is about," she said. "Officer Smith has the authority to ask them to leave, he asked them to leave, they didn't leave, and he arrested them."

Also yesterday, both Schroeder and Osorio testified, while Smith was called as a rebuttal witness twice. Smith, Officer Benedetto Ottaviani, Torti and Snead were among those who testified Monday.

Schroeder testified that she was heading to her car when Smith arrested her. She said she even had her keys out ready to drive off.

"Officer Smith said, 'That's it,' and he threw me against the car," said Schroeder. "He yelled at me and said grow up."

Bercovitch asked Schroeder if she was mad when everything was happening, but she said she was more shocked and scared than angry. Bercovitch asked Schroeder why she did not call for help.

"You were scared? You didn't leave, did you? Did you call Edwin's mother? Did you call your mother? Did you call Jason's mother?" asked Bercovitch. "You were scared, but you went up to Officer Smith and questioned him?"

Schroeder said she was worried for Snead, who was later released from the cruiser and left before the arrests, and upset that Smith would not answer her questions.

At one point, Bercovitch looked at Schroeder's key chain and pointed out one that said "Property of Princess."

"Do you consider yourself a princess? Were you upset how he was treating you?" Bercovitch asked. The judge did not allow an answer to either question.

Later in the trial, Osorio said he was never told by anyone he should leave the snow fort before Smith came. He said he had heard someone had stopped and spoke to Snead, but he was not involved in the conversation.

Later, Osorio said he heard Smith berating Snead.

"I heard Officer Smith ask Edwin his name and where he lived," said Osorio. "I heard him ask if he (Snead) was a wise ass or trying to be smart by what he was doing at the snow mound."

[Robert_Paulson2]

The jaw drops. Have we REALLY become this mindless that it is ok to arrest kids for making a snow fort or suspend kids for talking to their mothers serving in the armed forces in Iraq!!??

Is this REALLY what we have become??

---

apparently so.
disgusting what passes for conservatism these days.

conservatives weren't so supportive of stupid governmental policies when clinton was baggin the babes in the oval office, but now they would support a waco incident, to teach the lesson of respecting authority.

janet reno is laughing.

[Robert_Paulson2]

yup.
either the du's are here or the socialists have taken over.

[Robert_Paulson2]

yes

[pageonetoo]

Are you a total jerk, or just a part-time one?

These kids were building a SNOW FORT, when school was OUT. They were walking on SNOW, playing with SNOW, and building with SNOW, which MELTS, and there should be no damage. This is just a case of "NIMBYism in the gumt!

Why should they NOT be allowed on the snow? The property is bought and paid for by their parents, not the janitors, nor the cops.

Your comparisons are not even close to what happened. You can try to make them sound like they did wrong, but they should never have seen a cop! They should only have the local paper show up to take the pics!

Of course, these days, the cops handle 5 yr olds with handcuffs, and make high school students sit on the floor, with guns pointed, and ready, while LEO's searched for drugs.

I do not remember having as many ignorant people on these boards, as there are these days... You are crawling up the list!

Support your local police... they all "protect and serve"!

NO DRUGS WERE FOUND! But, I'll bet they made some kids pee their pants. That probably made them feel like tin gods!

[Robert_Paulson2]

it's almost here.

[eno_]

The moral of this story is: Don't smart-off to cops, be polite!

So that would be "F--- off, sir?"

[DustyMoment]

This is YOUR legacy, you leftist twit.

Go back to DU before the . . . . . .

. . . . . . . ZZZZZZZZZZOOOOOOOTTTTTTT!!

Too late.

No loss.

[Robert_Paulson2]

not sure what you mean...

[Rebelbase]

""He (Smith) told you he begged and pleaded for them to leave for 20 minutes."

When is the last time you ever heard of a cop begging and pleading for someone to stop breaking the law? Cops say stop once then get cuff happy.

20 minutes? Please. Cop is lying, IMO.

[Rebelbase]

"They should have been in a gang stealing some cars like normal kids "

In my town if someone breaks into your car the police will not respond. You have to file a report over the phone.

But they'd probably arrest you for building snow forts on school property when school is closed.

[Diva Betsy Ross]

So your position is you think this case was well handled? The cop did a good job, and is effectively working in the best interests of the community to arrest snow fort builders, and get the case all the way to trial?

This case is a joke. And your making fun of someone does not help it.

[Cobra64]

Yew (look it up). win! Eye'm proud of ya.

As one of me historee professurs one ce toll me. Do not bother to get involved in intellectual combat with and unarmed individual.

So I only work on very large accounts. Our children both have their economics, science, and (one)physics degree(s).

BTW, have you ever diagrammed a sentence?

Troll, why knot go back to DU where the DUmmies live in their Underground?

[jwh_Denver]

I know what you mean. Back when I was growing up in the 50's and 60's I broke my leg at a friends place. A neighbor fell from the top of one our trees. We kids were getting minor injuries all the time but I don't think it ever occurred to any parent to sue somebody. I also remember one of our neighbors couldn't find work for awhile and my dad and other neighbors would give them what we could afford with never the thought of paying us back.

I think lawsuits and/or the threat of them killed off some of the real neighborliness today. A good meeting ground for the neighbors to meet each other was through their kids playing with other kids and then the parents meeting each other. I really don't know how parents react now when their kid gets hurt in somebody elses yard. I suppose it varies from neighborhood to neighborhood.

Like you were saying it's hard to know now just what to do.

[Aliska]

I really don't know how parents react now when their kid gets hurt in somebody elses yard. I suppose it varies from neighborhood to neighborhood.

I don't know and don't want to find out. It would seem to have something to do with "deep pockets" vs. "squeezing blood out of a turnip".

The only thing I can think of is to circle the wagons and plant shrubs :-).

Some boys are still boys. Can you relate?

[jwh_Denver]

Oh yeah I can relate. Holes in the jeans at the knees. I would've had cuffs though and probably been up and down that tree more than a few times too. A boy needs to rest some time though. LOL!

[Aliska]

I think my greatest achievement in life was the treehouse I built at my grandmother's. Actually it was a platform with another platform that served as a "roof". Access was by three boards making a crude ladder with a 2x4 wedged into the crotch of the tree to get some leverage to make the final ascent to the lower platform. It never got enclosed or a proper door because I lacked the expertise. Getting onto the upper platform was really tricky, but I managed. When I tired of the ladder, I climbed down onto the roof of the dog house on the other side.

I was so proud of that thing and dreamed many happy dreams on lazy summer afternoons. Often I would hear the 5:00 train whistle in the distance.

Alas, after Grandma died, the house was sold, and in the process of converting it into a duplex it caught fire and burned to the ground. Everything was razed. Barn, chicken houses, all the trees, and my beloved tree house all but a memory. Someone built a fancy new one-story and graded the huge lot and planted grass and put up an ugly utility building. It was at the edge of a small town.

I suspect arson, really I do :-). It's all but a memory now. I've never forgiven those people for ruining my treehouse. It should have made the National Register of Historic Places.

[jwh_Denver]

People, places, pets, and things that we loved live in our hearts as long as we live. I moved around so much when I was a child I never had a tree fort. Then we ended up in a southern suburb of Chicago we had those soft Maple trees which weren't really strong enough for them. I think my happiest times as a kid was when I lived in a trailor court about 30 miles east of Pittsburgh PA in the country. I guess there were about 30 to 40 trailors and we were all neighborly except for the always present grouch or two. I lived there when I was 6 through 8 years old.

Next to the trailor court was a place we called the "dips" for the hills it had in them. Somehow we managed to make two baseball diamonds. One of them we had to cut a fairly good size tree down with a hatchet. Can you imagine today parents knowing their kid was using a hatchet? Well our parents just let us roam and we had so much fun out there in the country. Sometimes we would plan to do an all day hike which our mothers would make sandwhiches for us. Then off we'd go. Those were the only days we didn't play baseball amoung other things. In the winter sledding was the thing, good hills for it. One of the kids father made us a 6 seater bobsled which if the snow was good we could ride from the tallest hill right down into the yard of the guy who made it for us. He was a coal miner and his youngest son was one of the buds in our group. Come to think of it I don't know why we never built a tree fort. ??

I have resolved that I will never go back to that place as I don't want my memories to be replaced by seeing subdivisions and an asphalt road instead of a tar road. I don't want to see the changes.

You've given me the thought of maybe writing a book about my life. Not that it was exceptional or anything like that but my life is unique to me. I lived in a time that most people today would have a hard time believing.

You're tree fort is a Historical Site. It lives in your memory and hardly a sign in front of it even if saved could ever come close to remembering it the way you do.

[Aliska]

I'll try to get back to your interesting post later. Yes, you should write a book. It would be fun to reconnect with a female(s) your age (if you could find them again, hard to do) you knew at the time whose memories intersected with some of yours and compared notes on how you each viewed the world in your separate ways, how you related to each other, more on that later.

In the meantime, I have to content myself with photographing treehouses that catch my eye that some parents have built for their kids. These aren't my best photos, but I've got worse ones, too :-)

I took that one picture out from before. You had a chance to look anyway. Am a little hesitant to post pics of kids on the net. Another "issue".

I'll take these out, too, after you've had a chance to "appreciate the building skills" in the interest of bandwidth or maybe not. Depends.

[jwh_Denver]

Whoa! Very nice! The top one I would call a tree "hut" because it has more airy spaces, while the other one is really a tree house that around age 14 or so you might like to take a sweet young thing up to an work out some mysteries. LOL!

Got cable, bandwidth no problem.

I understand your reluctance to put kids pictures. How did you put those pictures in? I tried Front Page and that has always worked before but it's not working now. ??

[Aliska]

I upload them to my own domain webspace and just put in the html code right in my post here. There are picture hosting sites, but I don't like to use them.

I haven't used Front Page and use Netscape 7 Composer when I want to do an html page. Here I just code it - substitute left and right < > these things for the ( ). Each picture has to be coded in separately with a line break after. They look better centered, but you don't have to bother with that.

(center)(img src="http://www.yourwebspace.com/Treehouse1.jpg")(/center)

Simple as that. If I made a mistake, in your browser look at view>page source on fr pages and find the coding for an image.

Wish the day hadn't been so gloomy on the second one and I hate wires. There are a couple more around here I hope to catch someday.

I'm sure lots of fun stuff goes on in enclosed treehouses. Maybe you could include a section in your book about your exploits into those mysteries. For myself, better keep it private lol.

As to kid pictures, that was my grandson and I don't know if my son would like me posting it on the web. I do lots of kid pictures, and we've had discussions ad nauseum about photogrpahing stange kids in parks, etc., on a photography group. I try to never post any pictures of kids who aren't mine (have lots of neighbor kids doing cute things, strange kids in the park, etc.) without their parents' permission, and explaining why I want permission and where they were to be posted would be problematical for this site, indeed any even wholesome site, with some folks lol. The whole world can then see them It's a touchy subject. We've had huge arguments about it. I just made up my mind not to do it because I don't want some stranger taking ANY pictures of me or my kids/grandkids and posting them ANYWHERE on the net. So then I shouldn't do it with THEIR kids. I do burn cd's for the parents sometimes, and the kids love that.