The defense attorney for one of the boys filed a motion demanding that the Kenosha News be held in contempt of court for printing the names from the closed records of Simanek's court. There was a basic flaw in that argument because it assumed that the names had come from Simanek's court. In fact, they had been obtained from records in Marik's court.

Simanek reversed himself, ruling that the names could be printed. After a lengthy debate, we began to print the boys' names and photos, as well. Some people argued in our meeting that because there had been no overt acts by the suspects, that there might not be a strong prosecution case, and we therefore should continue to shield their identities. Others argued that whether or not there was a strong case, the charges were so serious that the district attorney's office had announced its intention to waive the boys into adult court. They also argued that the names were also already generally known in Burlington.

The Associated Press still declined to identify the suspects. I found this out after transmitting a photo of one of the boys with his mother sitting next to him at a motion hearing . The AP sent out a "photo elimination" order to member newspapers. I called the State Photo Center in Washington D.C. and the Milwaukee bureau, objecting to the decision. The AP is a cooperative, owned by member newspapers and broadcast outlets, and I argued that they should each be able to make their own decision about whether or not to use legally-obtained information such as names and photos of faces. I said that the AP should serve its members by recognizing the change in the juvenile code, rather than making decisions for them.

The question came up again for the AP during the suppression hearings. Coverage of all the hearings in this case is "pooled," meaning that only one still photographer and one TV photographer are allowed in the courtroom. I share our photos with other newspapers through the AP and the pool TV station makes dubs for its competitors. The Kenosha News wanted photos of the suspects, but because they couldn't have their own photographer in the courtroom they needed to get my photos from the AP...which wouldn't transmit them. Kenosha was not happy.

Lee Hughes, the Milwaukee bureau chief for the AP, told me that though the AP had debated the issue in hours of staff meetings, they still felt it was best to not identify the boys, especially since it now looked like the prosecution's case was falling apart. The Kenosha situation indicated they would have to rethink their policy in the future, he said. I agreed to transmit my photos directly to the Kenosha News, bypassing the AP. Though that satisfied Kenosha's immediate needs, it didn't help any other member newspapers who might have used the photos of the suspects had they been made available to them.

Defense attorney Mark Nielsen touches Jordan Rose as he argues that improper police procedure by the Burlington police should be cause for Judge Wayne Marik to suppress evidence in the case in which Rose and two others are accused in an alleged shooting plot in Burlington. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

Juvenile Court Judge Wayne Marik listens as Jordan Rose testifies Monday March 1, 1999 about his interrogation by Burlington police in the alleged high school shooting plot. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

While we thought we were over the hurdle of whether or not it was permissible to identify the suspects, the situation changed when the lesser charges that the plea bargains were based on were entered into the court record. While I could take any photos I wanted to at the beginning of the plea bargain hearings, I couldn't take any once the new charges were entered into the record.

Though we felt we were on firm legal ground to continue to identify the boys..."cat was out of the bag" according to Judge Simanek...we decided to stop naming them after reporting the first two plea bargains and reporting on the release of one of the suspects to home detention, after 112 days of incarceration.

Burlington High School principal Jose Martinez, left, listens to court proceedings Thursday March 4, 1999, as assistant district attorney Richard Barta, right, begins discussion of a proposed plea agreement for Jordan Rose, front left, the alleged ringleader of a plot to kill Martinez and other school officials and students at Burlington High School. Rose's attorney, Mark Nielsen, is center. Thursday March 4, 1999. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

I was one of those arguing for us to identify the boys after the Kenosha News won the right to do so in court. Lee Hughes tells me that given the ultimate disposition of the case, he felt the AP made the right decision to not name the boys. I still think we made the right decision. The ball was put in play when the state charged the boys with conspiracy to take hostages and conspiracy to commit first degree homicide. We didn't fabricate the story. It was there, and it was our obligation to report it. What do you think?