More so than any other state government in the United States, New Hampshire comes closest to the concept of a "citizen legislature". The 400 representatives, 24 senators serve the state's milion residents. We pay them $100 each, plus milage to travel to the state house. The mileage winds up being the expensive part. We like it this way, as many of the legislators have to make a honest living like the rest of us.
We first met Dave Wheeler through his wife, who was our daughter's babysitter before Paula entered law school. Back then, Dave was a state rep but advanced to the senate sometime along the way. Both of the Wheelers helped people unjustly accused by DCYF and they are one reason why Paula is in this dirty business.
We are still good friends with the Wheelers and our daughter is friends with their children.
When Joy Wheeler called one day, July 26, 1998, to be precise, to say a Milford policeman was at the door demanding to see her children, Paula knew that if it were an abuse investigation, it was groundless.
At the time, Dave was involved in a relection campaign. He was also making local news for trying to get compost from the town sewage treatment plant for his new Christmas Tree farm out back. The town said they didn't have have enough compost to give him, so he had found a source of paper mill waste that would help turn a sandy area into decent soil.
The neighbors were not pleased with the thought of wastes being spread next door, even though it was a thousand feet away. (They also weren't too pleased with carpet trucks making occasional deliveries to the Wheeler's garage for his carpet business.)
Ah yes, the policeman at the door. He said he was investigating a telephone report that a passing motorist called in saying she had heard a child screaming and had seen a child being hit over the head by an adult male. While a couple of the children had been fighting behind the house, Joy knew the children could neither be heard nor seen from the road. And Dave was a fundraiser in Hancock, a few towns away. Joy explained all this to the officer who continued to insist he wanted to see the children. So Joy called Paula, and Paula assured Joy that she could insist the officer leave and come back with a search warrant. Eventually the officer left to talk to the neighbors. After speaking with the neighbor across the street, who told him he had heard screaming coming from the direction opposite of the Wheeler house, the officer came back and after a contentious confrontation left again, leaving family members shaken or in tears. The Wheelers later filed a complaint with the police department over his actions and demeanor.
Worse, he falsified certain parts of the police report. He indicated that there were two blue vans in the driveway, which wasn't true, as Dave had driven one to the political fundraiser several towns away. He also indicated that a child of "unknown sex" was "at the door crying." In fact, she was dressed in a girl's bathing suit, with her hair down, talking on the telephone.
Joy Wheeler spoke with the officer, while she was on the phone with Paula. Paula told her to get his name, and tell him to leave the premises. when he didn't do so, Paula spoke to him, saying "what is it about the words child abuse that makes you think it suspends the requirements of the fourth amendment, officer?" He didn't take the hint, and blocked Joy Wheeler's attempts to reenter her home, forcing her to go around the side of the house and in through the basement. He also, in perfect earshot of all children present, stated that "I'll just call DCYF, and they'll take the children away." this statement caused tremendous emotional turmoil in all of the children for months afterward.
Should Joy have let the officer in to see the children? There are far too many cases where police find something as common as a pile of dirty laundry or food on the table within reach of the dog. DCYF has used such findings as the basis for child neglect charges. The police are required to report to DCYF possible cases of abuse or neglect. There are penalties for not doing so, and no penalties for doing so. So there's a good chance the officer would have filed a report anyway. Besides, there is no shame in standing up for constitutionally guaranteed rights, even though it appears so suspicious to those sworn to protect them.
True to his word, err, as he threatened, the officer filed a report with DCYF. That's actually the shortest part of the story. Dave was on the committee that oversees DCYF, so the case was given to their office of special investigations. The Wheelers refused to cooperate with DCYF's investigation, and DCYF closed the case as "refused to cooperate". It's still in their NH Bridges database, and could be reopened at any time.
The Wheelers immediately took the case public, knowing full well how quickly rumors and innuendo travels in a small town. They also decided to get the caller prosecuted for filing a false report and requested that tapes of both the original phone call and a later follow up call made July 31 to be released. That request was refused, and the Wheelers sued the police department early in August seeking the tapes of phone calls and police radio traffic.
[XXX need more info on calls, first to 911, second to MAC? One transcript released?]
The police were quick to rule out Dave as the perpetrator, acknowledging that to a Nashua Telegraph reporter on August 5th. (The police chief told the Keene Sentinel that state law didn't allow him to release information about the investigation, even to Wheeler, until it is complete.) The police closed their investigation "pending new information" on August 14th. However, they claimed to have found no evidence that the report was "malicious or without basis." That means the police felt the report was in good faith and possibly true, hardly the exoneration the Wheelers felt they deserved. It also made clear that the police had no interest in identifying the caller or charging her with making a false report.
[XXX need quotes from police report]
Eventually, Election Day arrived in Novemeber and Dave lost his reelection bid. Exactly what influence the false report had versus the Christmas tree sludge spreading or the wider Republican losses remains unclear. Curiously, within a week, the sewage treatment plant called and said they had the compost he wanted in the first place. And the neighbors seemed satisified with using local waste instead of out-of-town waste.
[XXX a year and a half - need filler!]
On February 25, 2000, the police chief reported the result of their internal investigation to town selectmen, defending the actions of the investigating officer and claiming "it was not possible then, nor is it possible now, to conclude that a child or children were not at risk . . . "
Before the selectman's meeting, one of the Wheeler children decided to write his own letter to the selectman. Two others did too, the family has allowed us to include them here.
I am the son of David Wheeler. I use to have great respect for the police department until officer Maxwell arrived at our home on a false child abuse charge. When he was asked to leave by my Mom, he drove to our next door neighbors home then came back onto our property after my mom used her fourth amendment right. My mom was outside when he came back onto our property he got out of his car and slammed the door of his car. When my Mom asked his name he snottily pulled a business card from his pocket and replied, "let me make it easy for you." He said something that horrified me. He said to my Mom, "if you don't let me see your children right now I will call DCYF and they will take your children right now!!!!"
Officer Maxwell then didn't mention any of this in his report.
Office Maxwell will never have my respect ever again. As for any other officer I will never be able to trust them either. This is why officer Maxwell should be fired. As for our fourth amendment rights they have been severely violated and for that the police department owes us a sincere apology.
| from the heart of Nathaniel Wheeler |
I would like to start by saying that Maxwell has disappointed my family and I, by lying in his police report. He said I was BOY CRYING at the door, when indeed I was on the PHONE with my hair DOWN, in a WOMEN's bathing suit. I think Maxwell has ruined the other cops chances of being trusted.
| Sincerely, | |
| James Everett Wheeler |
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Last updated 2000 March 11.