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CNN Live At Daybreak

Family in Turmoil: Idaho Prosecutor and McGuckin Attorney Speak Out

Aired June 04, 2001 - 07:16   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.
CAROL LIN, CNN ANCHOR: We mentioned to you earlier that a judge could decide today what happens to the children of an Idaho woman charged with child neglect. The children refused to surrender to protective custody when authorities went to pick them up last week. But they are now together in state care.

We are going to be talking to the prosecutor in this case, Phil Robinson, in just a few minutes. But first we are joined by Bryce Powell. He represents JoAnn McGuckin, the mother of these children.

Good morning, Mr. Powell.

BRYCE POWELL, ATTORNEY FOR JOANN MCGUCKIN: Good morning.

LIN: How is your client doing right now?

POWELL: Well, she's relieved that her children are safe. She's angry over the criminal charges that have been pressed against her. But, all in all, she's handling the situation well.

LIN: Do you feel like any of her rights have been violated in this case?

POWELL: Yes, we certainly do.

LIN: If so, which ones? Please elaborate.

POWELL: Well, she's charged with a felony criminal offense in this case. It's called felony injury to child. And I think that the circumstances were: This was a family in trouble. They had gone through the death of the father. They were extremely poor. The mother was physically ill. And they charged her with a crime out of all this. And that's problematic. And we'll argue about that in court.

LIN: Mr. Powell, the contention is, she was charged with a crime because several people in the community, including her own church, had offered to help, had offered to bring over food and water and other assistance, and that she flat out refused, despite the needs of her children.

POWELL: Well, I think that even if that were true -- which I don't know -- refusal to accept help or excessive pride is not a felony crime that I'm aware of.

LIN: Well, were the children's lives or health ever in jeopardy? There was no running water or electricity in that house, we understand.

POWELL: I had understood that there was electricity. The water well broken down while the father was ill, which led to his death. And they were able to haul water from a nearby lake or creek. So they had water.

LIN: Well, have you been inside the house? And, if so, how would you describe the circumstance the children were living in?

POWELL: I haven't been inside the house. So, unfortunately, I can't comment on that.

LIN: Well, all right. Is JoAnn McGuckin -- is she mentally competent to stand trial, do you think?

POWELL: That has yet to be determined. I don't know.

LIN: How is that going to be determined?

POWELL: Well, through the proper legal channels. You know, JoAnn McGuckin is a very intelligent woman. She's very articulate. And she's a very good woman.

LIN: Is she in touch with her kids right now? Has she been able to talk to them directly or write to them?

POWELL: It's my understanding that she has had one telephone contact. I don't think she's had a personal contact. But she's looking forward to the chance to give her children a big hug. She loves them very much. And there's no doubt about that.

LIN: So is it, in your opinion, that these children really are better off living with their mother, even if their mother may not be mentally or financially in a position to take care of them?

POWELL: Yes, I absolutely think so. This is a tight family. It's a loving family. They stick out -- up for each other. They watch out for each other. And they've been doing what they can to survive as a family.

LIN: All right, thank you very much, Bryce Powell for joining us, defense attorney for JoAnn McGuckin.

I apologize if I mispronounced her name.

In just a few minutes, we're going to be joined by Phil Robinson. He is the Bonner County prosecutor in this case. And we'll see what legal options they plan on exercising.

We'll be right back.

(COMMERCIAL BREAK) LIN: Continuing now in our coverage following up on that Idaho standoff with five children who were holed up in their rundown -- relatively rundown home, reportedly without power or water -- their mother is being held in custody. She is facing criminal charges. But those children, over the weekend, did surrender. And they are now in state care.

Joining us right now is Phil Robinson. He is the Bonner County prosecutor in this case.

Good morning, Mr. Robinson.

PHIL ROBINSON, BONNER COUNTY PROSECUTOR: Good morning.

LIN: So what is it that you plan on doing with JoAnn McGuckin at this point? Are you going to go ahead with criminal charges?

ROBINSON: We certainly plan to go right ahead with the charges. Nothing's changed on that at all.

LIN: And what's going to happen with these children, then?

ROBINSON: The shelter hearing will be today. Hopefully, they'll be out of the hospital. Then they can be moved into the shelter home. We'll be having that hearing today. And then there'll be another hearing within the month trying to come up with a permanent plan for them.

LIN: Why is it that you think that these children are better off in state care than with their mother?

ROBINSON: Well, this isn't a single incident or even a short- term thing. This is a habitual, long-term situation. And we're not sure that she's either willing or able to provide the kind of care they need. She certainly hasn't been in the last several years.

LIN: Were you inside the house at any point? Did you get a chance to see how these children were living?

ROBINSON: I have not been in the house. We'll be out there today and tomorrow doing a search warrant after the law enforcement personnel come on scene today again. But I just have the reports back from them. We're not out in the field.

LIN: And what is it that you read in those reports that makes you believe that these children should not be with their mother?

ROBINSON: Everything that we were told by Erina and the neighbors seem to be confirmed now after people have been on site. There is no running water. There's no bathroom facilities. There's no way to do laundry, take baths. There's garbage piled up in the barn, packs of dogs, a lack of general types of nutrient foods. The condition of the property is exactly as was described to us.

LIN: Mr. Robinson, aren't there other social options other than legal options of pressing criminal charges against this mother -- for example, you know, getting them the help that they need, getting them some government subsistence, anything short of breaking up this family?

ROBINSON: Well, we're not seeking necessarily to break up the family. Every type of service has been offered, extended over and over to them.

This is a case, I believe, in which we have a willful neglect, a willfulness of not accepting any services. If Mrs. McGuckin is willing to accept services, there are lots of people who are willing to provide those. The agencies have extended themselves over and over, trying to get them the services they need, and she's refused them.

If that changes -- and hopefully it will -- then I think we can have some safety with the children with her.

LIN: Did she help, in a sense, though, end this standoff? I understand that she was able to talk to her kids during the negotiations to get them out of the house.

ROBINSON: At the very end of the standoff, there was a contact by a hot line from the house to her jail cell. And she did encourage them to go ahead and surrender, or come on into our custody under the conditions we'd set up. So...

LIN: How do you describe -- from what you understand of those conversations, how do you describe the relationship between mother and her children?

ROBINSON: Oh, the relationship is extremely tight. It's very much of a situation where they've been isolated. They've lived as a very fixed and contained unit for years. Oh, it's a very tight relationship she has with them.

LIN: So do you think it's in the county's best interest as well as the best interest of this family to come to some sort of agreement, some sort of plea bargain so that this family can be reunited?

ROBINSON: The only way we can do that is if we're sure the children can be safe. We're not out to be vindictive or even punitive to Mrs. McGuckin, but we cannot let the children go back into what we believe will be an unsafe situation without some assurances. And I think both systems work together to do that.

LIN: All right. Well, it sounds like communication is open on both sides. Thank you very much, Phil Robinson.

ROBINSON: Thank you.

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