 |
|
|
| 3/30/2007 8:00:00 AM | Email this article • Print this article |
|
| Lynn Bartling |
 |
 |
| Charlotte Hockings |
|
Restorative Justice: A lesson in forgiveness
They met for the first time - victims and offenders - not in a courtroom but in a room in the multi-purpose building in Lac du Flambeau. It was a victim-offender conference - a part of the Northwoods Restorative Justice program.
The victims were Nick and Charlotte Hockings. The offenders were five young men who had vandalized Waswagoning Village in Lac du Flambeau on July 7, 2005. The five young men were facing three felony charges and a hate crime, which is a major offense. They were each facing 30 years in prison.
"When Nick and I heard that they could spend the next 30 years in prison, we thought Restorative Justice would be a better solution than losing five young men who could be potential community leaders," said Charlotte. "We thought they would have a more comprehensive look at themselves under probation rules and laws for two years."
The Hockings were familiar with the Restorative Justice program which had been used at the Lac du Flambeau Public School, but never in a situation with young adults. So, although their loss was devastating, with some $60,000 in damage - and priceless artifacts destroyed - they felt they made the right decision, and pioneered the program at this level.
"We contacted Judge Nielsen and Vilas County district attorney Breedlove and asked if we, as the victims, could set up a Restorative Justice program as an alternative, giving the boys two years probation time to complete the requirements. They were very supportive and encouraged us to go that way. Judge Nielsen said it could be a 'watershed for the area,' and felt it 'was the way many cases should be handled.'
"We felt the young men needed to take responsibility for their behavior, which was influenced by alcohol and drugs."
It was a horrendous act indeed.
According to Charlotte, one of the boys, a non-Indian living on reservation property, hated the Indians and came up with the plan to burn down Waswagoning. He was with four friends from communities in the Lakeland area and they agreed. They set the wigwams on fire and then threw huge benches on the fires. Stored in the wigwams were priceless items that were used for tour presentations.
"Nick and I devised a restitution program for them that we hoped might stop the perpetuation of racism in the Northwoods," Charlotte continued. "The boys signed this restitution agreement to complete the following during their two years probation."
• Pay a monthly restitution. (The $60,000 in damages had been pleaded down to $45,000, making each boy responsible for $9,000 in restitution).
• Take 30 days of alcohol treatment
• Serve two years probation
• Read five books:
Two books about the history of Native Americans and two books on the healing of racism.
• Answer five questions from the fifth book "And Don't Call Me a Racist."
• Do 250 hours of community service - one-half in Lac du Flambeau and one-half in their community.
• Go to schools and churches as a group and talk about what they did.
Going back - after the crime, it took seven months to catch the culprits - for no one was talking to the police.
"The BIA had posters all over the Northwoods asking for tips and offering a $10,000 reward if it was proven to be a hate crime against Indians," said Charlotte. "If proven, it would be a landmark - the first case of a hate crime against Indians in Lac du Flambeau. Finally someone did call and the young men were apprehended."
Many are not familiar with the Restorative Justice program, although it has been offered in Vilas County since 2002, and more recently in Oneida County. We spoke with Lynn Bartling, director of victim-defender, offender services, about the concept.
"Restorative Justice is based on respect. It is a victim-centered response to crime," said Bartling. "It provides the victim(s), the offender(s), their families and representatives of the community to be directly involved in responding to the harm caused by the crime through a dialogue-driven response. It offers victims a voice in deciding how to right a wrong.
"It has proven to be a great opportunity for juveniles to learn from their mistakes, take responsibility for their behavior, and participate in a controlled mediation process.
"Our emphasis is on victim healing, offender accountability and restoration of losses."
The program had a shaky beginning - with minimal response - when it was offered in 2002 at the suggestion of Dave McIntyre, a child psychologist.
In 2003, Dick Weiss, a juvenile intake officer - with the help of former Vilas County Judge James Moore - successfully reactivated the program. Today, according to Bartling, she receives great support from Vilas County Judge Nielsen and Joe Fath, a chief deputy in the Vilas County Sheriff's Department. Since the programs inception there have been 230 referrals to Northwoods Restorative Justice.
"It is particularly appropriate for vandalism crimes, property crimes, theft, battery to minors and harassment," Bartling continued.
"Once I receive a referral - which can come from the juvenile court system, schools, businesses or the police - to name a few - I set up a series of three meetings that are voluntary for both parties. All are conducted by our volunteers - trained as facilitators and mediators. It is a controlled mediation process.
"One meeting is with the victim(s), one with the offender(s), and one with both present. Ninety-five percent of these mediations result in a signed restitution agreement."
Bartling said that they measure success through victim satisfaction. "It is all about respect."
Northwoods Restorative Justice Inc. was incorporated in October 2006 as a nonprofit organization to carry on the work begun by the Vilas County Restorative Justice program, which was funded by a juvenile justice grant that expired on Sept. 9 last year.
The program has now partnered with Goodwill Industries of North Central Wisconsin to provide fiscal services. Funding is provided by Vilas County, private grants and contributions. Northwoods Restorative Justice has now applied for designation as a federal tax-exempt organization.
Since partnering with Goodwill, the offices of the program are housed in the Goodwill building in Rhinelander.
Northwoods Restorative Justice is governed by a board of directors. Board president is Mary Jo Berner, who helped the group incorporate and set up by-laws.
On May 31, the boys who vandalized Waswagoning will have completed one year of their probation.
How is it going?
"We are waiting for a current progress report, but we think it is working. One boy has made full restitution. We know some are doing volunteer work at Marywood and some have worked with Habitat for Humanity.
"Nick and I have decided that we would like them to fulfill some of their community hours at Waswagoning.
"We also hope to appear with the boys in front of school assemblies to tell the story. Nick and I will set the scene and the boys will describe what they did. The message being that hate against human beings is wrong. How will we ever have peace and neighborliness in the Northwoods if we don't start now?
"This racism in the Northwoods has been going on for 30 years and we hope to start a new 30-year period now - one that is devoid of racism.
Not all in the Northwoods hate Indians. This was shown quite clearly when monetary donations rolled in to help restore Waswagoning.
"We were so thankful and pleased that so many cared. We held the checks until the restitution agreement was signed, and then we mailed them back to the donors with our thanks. We want the boys to take the responsibility for restitution.
"We have no animosity toward the boys. We feel they have unknown potential and hope they will show the people of the Northwoods that they can turn around from being racist. We are pleased with their progress to this point.
"I feel deeply for the mothers and grandmothers. One mother and her son called to apologize after he was arrested - they were both crying.
"Nick and I want to have a good relationship with the boys and their families when the problem is over - if they choose to."
Right now the Hockings are busy getting Waswagoning ready for its mid-May Monday-Friday opening for school tours. Waswagoning will open officially in mid-June with hours Tuesday-Saturday.
"When Waswagoning was vandalized it was too late in the year to gather cedar and birch bark to restore the wigwams. We will do that this June and July," Charlotte said. "We are trying to replace some artifacts, but that is more difficult. It will take time and we will not be able to replace them all."
So impressed were the Hockings with the Restorative Justice program that they volunteered to work within the program, and Lynn Bartling is training them to be facilitators. Charlotte now sits on its board of directors.
"Nick and I want to help lead the way toward healing racism in this area. Too many - on both sides - have died and been hurt, both emotionally and physically. This has gone on too long.
Others who might be interested in serving as volunteers with Northwoods Restorative Justice may call Bartling at 543-2509.
Those who might be interested in a monetary contribution to the program are asked to make their checks out to Goodwill Industries and send them to Bartling at P.O. Box 483, Manitowish Waters, 54545.
|
Comment on this story
|
|
|
|
