Mikel McBride victim of justice system breakdown
Idaho State Journal Editorial
The murder charge against Blackfoot resident Mikel McBride has been dismissed. She will have a tougher time overcoming the taint of an unfair prosecution.
This has been a tawdry affair, made so by Bingham County Prosecutor Scott Andrew’s poor decisions, not McBride’s conduct.
McBride, a registered nurse, was caring for her 93-year-old grandmother, Opal Ward, at the time of her death. Ward’s kidneys were failing and she died on March 27. Bingham County Sheriff Dave Johnson said his office received information that led to an exhumation and toxicology testing of Ward’s body. Morphine was found in Ward’s system and the sheriff’s office concluded that criminal conduct had occurred.
Nearly six months later, McBride, an instructor in the nursing program at Idaho State University, was arrested in front of students as she taught class and was led out in handcuffs. Clearly, that was unnecessary.
The decision by Prosecutor Andrew to file charges was a serious mistake that will surely make some question his judgment. Here’s Andrew’s statement after dismissing the charges last week:
“Based on information that has come to light since the case has been filed, I felt it would be appropriate to get some additional information and some additional input before going forward.”
This is cold comfort to McBride, whose reputation has been tarnished, who had to undergo incarceration and whose employment was placed on leave with ISU.
Andrew has said he’s still reviewing information and pondering whether to impanel a grand jury. This is too little, too late; the damage has been done. Given the sensitive nature of this case, any decision to bring the case to a grand jury should have been made a long time ago.
Two cases in Pocatello illustrate how the system is supposed to work.
The Bannock County Prosecutor’s Office recently declined to file charges in two high-profile cases, the Jack in the Box restaurant robbery and a lewd conduct charge against a local man. In both instances, the prosecutor’s office looked at the facts and determined more investigation was needed. If criminal investigators can produce more facts, the county prosecutor will file charges. This is how it should be.
Andrew, on the other hand, abrogated his duty to dispassionately review the evidence and determine if it was wanting.
The facts in the McBride case indicate that she was a loyal caregiver, trying to ease a relative’s last days. A medical professional, she was authorized by Ward’s physician to administer morphine to ease the old woman’s pain.
This prosecution looked suspect from the outset, and time has borne that suspicion out.
McBride — and the citizens of Bingham County — deserved better.
How about deserving better from the Journal? First the Journal legitimately headlined her original arrest and the charges against her. Then, they reported that the prosecutor had had an attack of sanity, and dropped the whole case. Then, they headlined that Andrew had reconsidered and decided there really was some justification for suspecting murder! And finally, the very next day, another report of Andrew dropping the whole thing!
I realize the entire fiasco was mostly Andrew’s doing, but surely McBride should have not had to endure the publicity of the bogus “resurrection” of the case and the second retraction getting so much newsprint.
What a well-written and awesome editorial! There has been tremendous public support for Mikel during this whole thing. I was afraid the stupid people would be out in force to make her life harder. As it is, the community has come together for her and I was touched by the positive comments made by many from the very beginning. If one person can be arrested, charged and made to suffer like this when the main piece of evidence is bogus, then it can happen to any of us.
When the charges were dropped, Mikel’s attorney’s even said that some of Scott Andrew’s “evidence” was hearsay from out of state! I hope those people are ashamed of what they have done. Mikel now has a permanent, criminal record. Many employers these days ask about arrests and she’ll have to say what she was arrested for.
How can a justice system punish an innocent person so badly? If charges are dropped, then drop the charge from a person’s record! It scares me to think I could have a criminal record because of hateful people. It could happen to any of us after what’s happened to Mikel.
Great editorial! Well spoken and expressing the suspicions and frustrations of the whole community. Much shame and blame on the prosecutor for pursuing this case in such a heavy-handed manner. When we wield the big stick of the law, it behooves public servants to appropriately prosecute, but never persecute with that sacred trust and authority. What an unnecessary and unfair ordeal for her and for her family! Who is next in Bingam County? How can she get this terrible miscarriage of justice expunged from her record? Kudos to the Journal for this editorial, but I hope you never publish that awful photo of Mikel again.
An arrest record cannot be used for employment consideration. Convictions can and are evaluated as part of the hiring process. But it is illegal to use an arrest record for emloyment consideration. Even so, with all the reporting on this story, will anyone in the local area not know who she is?
Have so say that Ms McBride has been treated unfairly in this situation. Seems the prosecutor was more interested in headlines than determining the facts or merits of the case. Why no effort to make sure everything was in place prior to making an arrest and pressing charges.
Curious why the editoral uses the phrase “old woman” instead of elderly.
I agree with the fact that Scott Andrew should have held the Grand Jury first. The problem that you have is the Law Enforcement in Bingham County, especially Sheriff Johnson and his officers being over zealous and not digging deeper before making an arrest. This is not the only case that they have erred on lately. There is the stabbing case in which the jury went with Manslaughter instead of the charges that Andrew initially charged the suspect with. You also have an elderly man in that case that was confronted by several gang members on his property that is being charged with Aggravated Assault when he exited his front door with a pipe and told the suspects to leave. Remember these gang members were armed with knifes and other weapons. Andrews needs to take a look and see how much money he spent on a failed investigation on McBrides case and several others. This is tax payer money that could be spent better on other real cases. In McBrides case it makes you wonder if someone can call up and make a bogus allegation that you will immediately be arrested and then they try to fit everything into the square hole. The public needs to hold both Sheriff Johnson and Scott Andrew to be accountable for their actions. They are elected officials and too frequently we look the other way when it doesn’t affect us. I would have to say that if we were in Mikel’s position we would want the whole area in Bingham County to speak loud against both Johnson and Andrew and send a message that their conduct is inappropriate. I would hope that McBride has not signed anything with Bingham County at this point and her attorney can file the appropriate Tort Claim and then Lawsuit for false arrest and emotional distress.
I was glad to see someone finally call it what it is – an injustice to Mikel McBride. This has been a total breakdown in the justice system, to say the least. I’m sure that Scott Andrew would like to take this before a Grand Jury. He thinks that would put it in the hands of community members and take the blame off of him. I haven’t looked that closely, but I’m pretty sure he doesn’t have any balls. To put it before the Grand Jury would prove that. It sure would be a pleasant surprise to see him drop the charges, permanently, and issue an apology to Mikel and her family as well as the citizens of Bingham County.
I go along with Thoughtful! She needs to sue the pants off of them. I don’t relish the idea of frivolous lawsuits, many that are down right laughable, but this is a total miscarriage of justice, and demands restitution. They also need to broadcast through the media a resounding public apology, and expunge the record. If those that caused all this won’t do it, then the mayor of the town needs to. She deserves at least that much. Her grandmother is probably figuring out ways she can come back and haunt them! Hope she makes it!
When McBride wins her lawsuit against the County, you can bet the County Insurer ICRMP out of Boise will make a deal that they do not admit guilt. This is part of the problem that we have in this State. When someone does something wrong there is nothing from allowing both Andrew and the Sheriff to stay in their elected positions unless a recall is done. Can you imagine the horror of treating your Grandmother that you loved to have the Sheriff come arrest you, place you in custody, have to post a substantial amount of bail and then get suspended from your regular job. That is not to mention the after affects that she will be faced with dealing with neighbors, church members and the community as a whole who will have suspicions no matter what. Unfortunately this is not an isolated incident in our area and the public needs to speak up and demand action against those involved.
I knew Scott Andrew for many years and let me just say what an idiot he is. He should be banned from practicing. That whole town is full of 2 faced people who just love to gossip. They all claim to be religious, lol what a joke. Shame on everyone and especially shame on Scott!!
As a nurse I am left to think of a few major points. As we take the oath to become health care providers we know that with it comes major responsiblity and many times we will be put of point for our actions. well in this case yes the court system failed her but some times it is good to look deeper into the situatuion, when medicating a family member our emotions get too involved.
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