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CNN Live Today

Interview With Fritz Jekle, Kim Lynette Harris

Aired December 11, 2003 - 11:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


HEIDI COLLINS, CNN ANCHOR: Fritz Jekle is the attorney representing some of the families in the class action lawsuit. He joins us along with Kim Lynette Harris. Her son is a student at Stratford High School. Our guests are in Charleston, South Carolina this morning to talk to us.
Good morning to both of you. Thanks for being with us today.

I want to begin with you, Kim Lynette. Tell me a little bit with what your son told you happened at the school.

KIM LYNETTE HARRIS, PARENT, PLAINTIFF: He mentioned that there were guns drawn on him and dogs. And he was really scared about it. And after he told me, I was terribly upset about it to think that something like this could go on in school.

COLLINS: Had anything like this ever happened before? Had he ever told you that there was a drug problem at his school and this the principal had talked about cracking down at all?

HARRIS: No, he's never mentioned anything about that. So this was new to me.

COLLINS: Did police talk to him after this raid?

HARRIS: Did the police talk to him after...

COLLINS: Did they interview him or any of his friends after this?

HARRIS: No, actually I was told that they took his name and sent him back to class after the bell rung. And that was pretty much it.

COLLINS: Tell me exactly about what it is that you're upset about. We of course are looking at the videotape and we have seen it many times. What are you most upset about it when you look at it for yourself?

HARRIS: How they handled it. The kids were on the floor, up against the wall with handcuffs. And I don't feel that's something that they should have done. That frightened a lot of the kids a great deal. And to me, it's pretty much upsetting just to see my son there, almost like a common criminal. You know, an innocent student, not knowing what was going on.

COLLINS: We have heard at least in the piece prior to bringing the two of you on that the principal felt justified, felt that there was a drug problem in the school. How do you think this should have been handled?

HARRIS: Well, I'm really not sure how it should be handled. You know, I'm not sure. But I figure not that way.

It could have been handled differently, this being, you know, a school and all with students. It really scared them. So at this point, I felt that they should have at least, you know, took a better way of doing this. They could have, I guess, got them all maybe in one area, and talked to them.

So because my son's never mentioned it, I didn't even know there was a drug problem. So how come all of the sudden this happened? So it's kind of up in the air right now with me. I'm kind of confused about it all.

COLLINS: Have you had the opportunity or any of the other parents, to your knowledge, had an opportunity to speak with the principal since this happened?

HARRIS: Well, I've scheduled several appointments. They were canceled by the school principal. So I've not spoke on it him at all. I've been trying to contact him, again, in reference to getting in there to find out why this happened. And we weren't notified even after the incident took place.

I would think that, you know, we'd been notified about it.

COLLINS: Let me ask you about this superintendent's comments that we just heard from Chester Floyd in that piece talking a little bit about -- saying that he is sorry that it happened. He didn't think that the likelihood or the possibility of this ever happening this way again is likely. Do you see that as an apology?

HARRIS: Well, maybe. If they could, you know, get it cleared up, and answer a lot of questions that, you know, parents do have, such as myself. You know, is it going to happen again? Can I be sure that this is not going to happen?

That if -- I have a younger son that, you know, I'm looking forward to him going to school there next year. So I'm hoping, OK, this doesn't happen again. Because even though it affected my oldest son this way, how will it affect my youngest son if that took place?

COLLINS: Mr. Jekle, I want to take the opportunity to bring you in here. I know you are the attorney representing some of these families who have filed suit. What is this case about in your eyes? What are most of your clients complaining about?

FRITZ JEKLE, PLAINTIFF'S ATTORNEY: They're all complaining about the same thing. That without reasonable suspicion, without probably cause, without really any reason they were all unreasonably searched and seized. They were all detained. They had weapons drawn on them. The officers were not in fear of their well-being.

Why was this done? Why did they have to sit there on their knees while hundreds of students outside the school looked upon them? They all feel like they were criminals for some reason and they're all just -- why was I unreasonably searched and seized? That's what they're complaining about.

They want to make sure that this doesn't happen in Goose Creek, it doesn't happen in Georgia or North Carolina or any other public high school.

COLLINS: What is the lawsuit asking for? Is there money involved?

JEKLE: There are -- there are 107 individuals that were subject to this unreasonable search and seizure. That's not -- there is an element, or a claim for compensatory damages in the lawsuit.

However, the more important relief that the whole community wants is what's called declatory relief and injunctive relief which is just basically an order declaring what the school and what the Goose Creek Police Department did was -- violated constitutional rights. And to enjoin the schools and police officers from engaging in such activities under the facts present here ever again.

COLLINS: What will happen next, Mr. Jekle?

JEKLE: We do have some John Doe defendants. The complaint will be amended to add additional plaintiffs that have come forward that would like to participate. We'll add the individual names of the John Doe defendants. That will happen within the next probably 10 to 15 days.

Then the defendants will have 20 days from service of the amended complaint to answer. Then we'll have a scheduling conference in front of a federal judge and engage in standard discovery.

COLLINS: All right, we will wait, of course, to hear the outcome of all of that. To the two of you, we appreciate your time today. Fritz Jekle, the attorney representing the families filing suit and Kim Lynette Harris, the mother of a student who was there at Stratford High School. Thanks so much again.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired December 11, 2003 - 11:32   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Fritz Jekle is the attorney representing some of the families in the class action lawsuit. He joins us along with Kim Lynette Harris. Her son is a student at Stratford High School. Our guests are in Charleston, South Carolina this morning to talk to us.
Good morning to both of you. Thanks for being with us today.

I want to begin with you, Kim Lynette. Tell me a little bit with what your son told you happened at the school.

KIM LYNETTE HARRIS, PARENT, PLAINTIFF: He mentioned that there were guns drawn on him and dogs. And he was really scared about it. And after he told me, I was terribly upset about it to think that something like this could go on in school.

COLLINS: Had anything like this ever happened before? Had he ever told you that there was a drug problem at his school and this the principal had talked about cracking down at all?

HARRIS: No, he's never mentioned anything about that. So this was new to me.

COLLINS: Did police talk to him after this raid?

HARRIS: Did the police talk to him after...

COLLINS: Did they interview him or any of his friends after this?

HARRIS: No, actually I was told that they took his name and sent him back to class after the bell rung. And that was pretty much it.

COLLINS: Tell me exactly about what it is that you're upset about. We of course are looking at the videotape and we have seen it many times. What are you most upset about it when you look at it for yourself?

HARRIS: How they handled it. The kids were on the floor, up against the wall with handcuffs. And I don't feel that's something that they should have done. That frightened a lot of the kids a great deal. And to me, it's pretty much upsetting just to see my son there, almost like a common criminal. You know, an innocent student, not knowing what was going on.

COLLINS: We have heard at least in the piece prior to bringing the two of you on that the principal felt justified, felt that there was a drug problem in the school. How do you think this should have been handled?

HARRIS: Well, I'm really not sure how it should be handled. You know, I'm not sure. But I figure not that way.

It could have been handled differently, this being, you know, a school and all with students. It really scared them. So at this point, I felt that they should have at least, you know, took a better way of doing this. They could have, I guess, got them all maybe in one area, and talked to them.

So because my son's never mentioned it, I didn't even know there was a drug problem. So how come all of the sudden this happened? So it's kind of up in the air right now with me. I'm kind of confused about it all.

COLLINS: Have you had the opportunity or any of the other parents, to your knowledge, had an opportunity to speak with the principal since this happened?

HARRIS: Well, I've scheduled several appointments. They were canceled by the school principal. So I've not spoke on it him at all. I've been trying to contact him, again, in reference to getting in there to find out why this happened. And we weren't notified even after the incident took place.

I would think that, you know, we'd been notified about it.

COLLINS: Let me ask you about this superintendent's comments that we just heard from Chester Floyd in that piece talking a little bit about -- saying that he is sorry that it happened. He didn't think that the likelihood or the possibility of this ever happening this way again is likely. Do you see that as an apology?

HARRIS: Well, maybe. If they could, you know, get it cleared up, and answer a lot of questions that, you know, parents do have, such as myself. You know, is it going to happen again? Can I be sure that this is not going to happen?

That if -- I have a younger son that, you know, I'm looking forward to him going to school there next year. So I'm hoping, OK, this doesn't happen again. Because even though it affected my oldest son this way, how will it affect my youngest son if that took place?

COLLINS: Mr. Jekle, I want to take the opportunity to bring you in here. I know you are the attorney representing some of these families who have filed suit. What is this case about in your eyes? What are most of your clients complaining about?

FRITZ JEKLE, PLAINTIFF'S ATTORNEY: They're all complaining about the same thing. That without reasonable suspicion, without probably cause, without really any reason they were all unreasonably searched and seized. They were all detained. They had weapons drawn on them. The officers were not in fear of their well-being.

Why was this done? Why did they have to sit there on their knees while hundreds of students outside the school looked upon them? They all feel like they were criminals for some reason and they're all just -- why was I unreasonably searched and seized? That's what they're complaining about.

They want to make sure that this doesn't happen in Goose Creek, it doesn't happen in Georgia or North Carolina or any other public high school.

COLLINS: What is the lawsuit asking for? Is there money involved?

JEKLE: There are -- there are 107 individuals that were subject to this unreasonable search and seizure. That's not -- there is an element, or a claim for compensatory damages in the lawsuit.

However, the more important relief that the whole community wants is what's called declatory relief and injunctive relief which is just basically an order declaring what the school and what the Goose Creek Police Department did was -- violated constitutional rights. And to enjoin the schools and police officers from engaging in such activities under the facts present here ever again.

COLLINS: What will happen next, Mr. Jekle?

JEKLE: We do have some John Doe defendants. The complaint will be amended to add additional plaintiffs that have come forward that would like to participate. We'll add the individual names of the John Doe defendants. That will happen within the next probably 10 to 15 days.

Then the defendants will have 20 days from service of the amended complaint to answer. Then we'll have a scheduling conference in front of a federal judge and engage in standard discovery.

COLLINS: All right, we will wait, of course, to hear the outcome of all of that. To the two of you, we appreciate your time today. Fritz Jekle, the attorney representing the families filing suit and Kim Lynette Harris, the mother of a student who was there at Stratford High School. Thanks so much again.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com