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IDAHOSTATESMAN:AMcClatchyNewspaper, 1200N. Curtis Road, Boise, ID • P.O. Box40, Boise, ID 83707 • (208) 377-6200 •©2015 Idaho Statesman, Vol. 150, No. 331, 5 sections, 48 pages

BSU PLAYER WON’T BE CHARGED IN LOCKER-ROOM FIGHT A4

SUN

90° / 57° SEE A17

INSIDE TODAYANEWSCatchingUpA2-3 | LocalnewsA4-8|WesternnewsA6-9 | IdahoHistoryA6 |Nation/WorldA10-16 |WeatherA17

DDEPTH RobertEhlertD1 |OpinionsD4-9 | Letters to theEditorD6 |GuestopinionD9 | EditorialCartoonD6

EEXPLORETimWoodward E1 |TV E2 |CarolynHax E3 |Horoscopes&puzzles E3 | Books E4 |Religion E5 |Calendars E5 |Obituaries E8-9 |Recipe E10

SSPORTS BoiseHawksS1 |TheBottomLine S2 | SportsTV/Radio S2 | ProSports S4 | Scoreboard S5

TIMWOODWARD

American flagdeservesrespectEXPLORE, E1

U.S. OPEN

A DIZZY DAYJason Day battles vertigo,

still claims a share of the leadat Chambers Bay

SPORTS, S1 • MORE U.S. OPEN COVERAGE, S3

FATHER’S DAY

Vincent Kituku:Worries comewith raisingblack sonOPINIONS, D9

BenjaminRuttkanga, fromRwanda,standsproudlyashisnameisannouncedduringanatural-

izationceremonySaturday inDowntownBoise.Fifteenimmigrants fromninedifferentcountries

weresworninasU.S.citizensaspartof theWorldRefugeeDaycelebrationatTheGroveplaza.

Theday’s festivitiesalso includedperformancesbyindividualswhoarrivedinIdahoasrefugees.

WORLD REFUGEE DAY

TAKING THE OATH OF CITIZENSHIPDARIN OSWALD / doswald@idahostatesman.com

WhattheU.S.attorneydescribedas“miscommunications”and“uncorrectedassumptions”handcuffedtheIdahoDepartmentofCorrection’sownexaminationofpossible fraudat thestateprivateprisonin2013and2014.ReporterCynthiaSewellexaminesdocumentsobtainedbyapublicrecordsrequest thatshowhowtheStatePoliceendedupmisleadingotherstateofficialsaboutanon-existent investigation intofalsifiedstaffingrecordsbyCorrectionsCorporationofAmerica.DEPTH,D1

CRIMINAL INVESTIGATION

HOW ISP MISLED OFFICIALS ABOUT CCA

$2 JUNE 21, 2015

SUNDAY EDITION

MARIOKARTBATTLESeevideofromtheshowdown,whichofcourse involvedcostumes. ItwaspartofBoiseBicycleProject’sPedal4thePeople festival,whichrunsthroughnextweekend.IDAHOSTATESMAN.COM

ON THE WEB

AstheholymonthofRama-danbegins,NilabMoham-madMousa,ayoungMuslimwoman,speakstotheStates-man’sKatherineJonesabouther journeyof faithandedu-cation.EXPLORE,E1

HEART OF THETREASURE VALLEY

LIFELONG QUESTFOR LEARNING

Astheassistedreproduction industrygrows, families,clinicsandcourtsarestrugglingtodecidewhat todowithunusedembryos.Manycouplesseethemasvirtualchildren.Andreligiousbeliefsoftenplayaroleaswell.DEPTH,D1

MEDICINE

LEFTOVER EMBRYOS

POSE TOUGH QUESTIONS

Dozensofphotosandracistwritingsonawebsiteregis-teredinDylannRoof’snameappear tooffer insight intothebeliefsof the21-year-oldaccusedofkillingninepeo-ple inablackchurch.Onesurvivorof theshootingsaysRoof triedtokillhimselfaswell.NEWS,A11

CHARLESTONSHOOTING

MANIFESTOLINKED TO ROOF

PitchingcoachDougJones,afive-timeAll-Starcloser inthemajors, is relishinghisfirst seasonasafull-timeminor leaguecoach.Andyes,he’sstill sportingthat famousmustache.SPORTS,S1

BOISE HAWKS

A long timecoming for Jones

ENVIRONMENT

New DEQ director worked for company monitored by EPA after spills A4

ROBERT EHLERT

HELP US ANSWER‘TODAY’S QUESTION’DEPTH, D1

IDAHO HISTORY

A look at the colorfullife of E.D. HolbrookNEWS, A6

D LETTERS TO THE EDITOR D2 SUNDAY, JUNE 21, 2015

DepthInside:

TRYING TO UNDERSTAND CHARLESTON SHOOTINGS D4

VINCENT KITUKU: STRUGGLINGWITHWHAT TO TEACH BLACK SON D9

Todaywe’reputtingoutacallforsomeanswers.

Wewant toengageyouinanongoingopportunity to joinaconversationthatwehopewilltakeonalifeof itsowninanewfeaturecalled“Today’sQuestion.”Wearegoingtoneedyourhelptopull itoff.

OnthedaysthatourDepthsectionispublished—Wednes-daysthroughSundays—we’regoingtopost“Today’sQuestion”inprintandonourIdahoStates-manFacebookpage.

Thereareacoupleofwaystoplayalong.Ourveryfirst “Today’sQuestion” is tailoredforFather’sDayanditgoes likethis:Whatwasthebestadviceyourdadorfatherfigureevergaveyou,andwhy?

1)Grabthepaperandengagethefolkswholivewithyouunderyourroof,whoshareatableatyourfavoritecoffeeshoporwhoare likelysuspects togatheraroundthewatercooleratworkorat thegym.

2)GoontoourFacebookpageandpostyouranswer(s)beneaththequestion.Youcandothisasanindividualoras thespokespersonforyourkaffeeklatsch.

Wehopethecommunityre-spondsbyputting“Today’sQues-tion” inpublicviewonwhite-boards,chalkboardsandmarques.We’dbedelightedtoseeplaceslikeFlyingM,Java,AmericanCleaningCompany,TheEgyptianTheater,MisterCarWash,TheVillageatMeridianandotherbusinessessupport itontheirsignage.We’d love it if theBoiseAirportandtheairlinesalertedarrivingvisitors to“Today’sQues-tion.”

Thequestionswill spanthespectrumfrompithytoponder-ous.Onsomedayswemightgodeepandspinquestionsoff issuesthathavebeenpresentedintheDepthsection.Otherdayswe’llwant toknowsomething like,“Whowouldyouchoosetohavedinnerwith ifyoucouldpickany-bodywhohadever lived?”Onstillotherdayswemightwant toknowhowyoufeelabout thepredisposi-tionofwearingsockswithsandals.Whodoesthat?

Wehavesomequery inventorytoget“Today’sQuestion”upandrunning,butwehopeyoustartofferingupsomeofyourburningquestions, too.Wewantyoutoengageandownthisopportunitytosoundoff. Itwon’tworkwithoutyou.There isnosuchthingasawronganswer—thoughyourcommentswillbesubject to thesamestandardstowhichallofourcommentsmustconform.

FromthemomentIarrivedinBoiseacoupleyearsbackwehavewantedto launchsomevariationofacommunityquestionfeaturetostimulateconversation.NotlongagoPublisherMikeJung

See QUESTION, D2

Play alongwith ‘Today’sQuestion’

After years of infertility, Angeland Jeff Watts found a young eggdonor to help them have a baby.They fertilized her eggs with JeffWatts’ sperm and got 10 good em-bryos.Fourof thoseembryosweretransferred toAngelWatts’womb,resulting in two sets of twins —

AlexanderandShelby,now4yearsold, andAngelina andCharles, notyet2.

But that left six frozen embryos,and on medical advice, AngelWatts, 45, had no plans for morechildren. So inDecember she tookto Facebook to try to find a nearbyTennessee family that wantedthem.

“We have 6 good quality frozensix-day-old embryos to donate toan amazing family who wants alarge family,” she posted. “Wepre-fersomeonewhohasbeenmarried

several years in a steady loving re-lationship and strong Christianbackground, and who does not al-ready have kids, but wants a boatload.”

In storage facilities across thenation, hundreds of thousands offrozen embryos — perhaps a mil-lion—arepreservedinsilvertanksofliquidnitrogen.Someareinstor-age for cancer patients trying topreserve their chance to have afamily after chemotherapy

MEDICINE

SHAWN POYNTER / The New York Times

Embryologist Carol Sommerfelt transfers frozen embryos shipped infrom donors to a more permanent container at the lab in Knoxville,Tenn., on June 17.

Unused embryos pose difficultissue: What to do with them

Themoral and legal statusof when life begins andreligious beliefs play a role.

BY TAMAR LEWIN

NEWYORK TIMES NEWS SERVICE

See EMBRYOS, D3

In 2013, the Idaho Department

of Correction’s top investigator

held off conducting his own in-

quiry into a private prison oper-

ator’s staffing discrepancies be-

cause he was led to believe the

Idaho State Police had already

begunthat investigation,accord-

ingtopublicrecordsrecentlyob-

tainedbytheIdahoStatesman.

The records—releasedby the

statepoliceafterapublicrecords

requestfromtheStatesman—of-

fer new details on the year in

which the state police allowed

stateand legalofficials—includ-

ing a federal judge, lawyers for

the ACLU, other IDOC officials

and the attorney general himself

andsomeofhiskeydeputies—to

believe that its investigators

werelookingintopossiblecrimi-

nalactionsat theprivateprison:➤ The documents help explain the

widespread belief that ISP was investi-gatingallegedfraudbyCorrectionsCor-porationofAmerica.Astatepolicemajorintroduced himself to IDOC DeputyWardenTimothyHigginsas the investi-gator in the case, did an interview withHiggins and took IDOC’s documentsabouttheCCAallegations.

➤ A Feb. 10, 2014, ISP staff meetingdocument says: “The directors of ISPandIDOCmetregularlyfromthetimeof

the initial request (for an investigation)until now, and at each meeting ColonelRalph Powell stated Idaho State Policewas not conducting an investigation ofCCA. ... This appeared to be a breach ofcontract dispute, and therefore a civil,notacriminalmatter.”

But Higgins, who attended the samemeetings as Powell, told ISP detectiveshe never heard Powell making suchstatements.Nominutesweretakenatthemeetings and ISP provided no docu-mentsshowingthattheagencyhadcom-municateditsdecisionnottoinvestigatetheCCAcase.

➤ While IDOCofficials believed thatISP had investigated alleged fraud byCCA,prisonofficialsreacheda$1millioncivil settlement with the company. Hig-gins said that if IDOCknewthat ISPhadnot investigated CCA, that would havefactored in the department’s settlementnegotiations. That sentiment wasechoedbyamemberoftheBoardofCor-rections who refused to sign off on thesettlement;hesaidtheboardbelievedtheState Police had investigated and foundnothingwrong.

➤ In a Feb. 7, 2014, letter, Deputy At-torney General Paul Panther admon-ishedISP:“(T)heonlyentityreallyqual-ifiedtomakeadeterminationofwhethercriminal activity took place in this mat-ter” was the county prosecuting attor-ney. “(T)he proper thing (for ISP) to dowould be to complete the investigation,submitittothatofficeandletthemdecideifchargesshouldorshouldnotbefiled.”

➤ The State Police did not correct ayear’s worth of incorrect assumptionsandmultiplemediareportsabouttheex-istence of the criminal investigation.

FRAUD PROBE

ISP misled officials aboutprison investigation

/ The Associated Press file

The Idaho Correctional Center, south of Boise. The once-private prison is now operated by the state of Idaho.

Other agencies quit looking for wrongdoing sincethey thought the matter was being handled DID ISP CONSULTWITH ITS

LEGAL EXPERT?

TheAttorneyGeneral’sOffice pro-vides legal counsel to state agencies,including the IdahoDepartment of Cor-rection and Idaho State Police.

Upon learning in February 2014 thatISP had not conducted an investigationintoCCAas he had believed, AttorneyGeneral LawrenceWasden sent a lettertoGov. ButchOtter requesting an in-vestigation.

Otter toldWasden that alongwithIDOCand ISP, deputies in theAttorneyGeneral’sOffice had been involved in theprocess and “regularly assessed in-formation” that determined therewas nobasis for a criminal investigation.

ISPCol. Ralph Powell, too, said ISP’sdeputy attorney generalwas consultedregarding the decision not to pursue acriminal investigation.

That drewa stronglyworded rebukefromDeputyAttorneyGeneral PaulPanther.

In a Feb. 7, 2014, letter to Powell, hesaid that StephanieAltig, the deputyattorney general assigned to ISP, had one“brief” conversationwith Powell and that“shewas never asked to review anydocuments, do any chargingmem-orandums, research or otherwork of anykind on thematter.”

“(I)n Stephanie’s brief conversationwith you, she said that theCCA issueappeared to involve a breach of contract,but could involve criminal activity aswellon examination,” Panther told Powell.

BY CYNTHIA SEWELL

csewell@idahostatesman.com© 2015 Idaho Statesman

!READ THE ATTORNEY GENERALOFFICE’S LETTER TO ISP’S

DIRECTOR AND SEE OUR PREVIOUSCOVERAGE OF ISP AND THE ISPRESPONSEIdahoStatesman.comSee ISP, D2

Eyes on Idaho

ROBERT EHLERT

D2 ● SUNDAY, JUNE 21, 2015 IDAHO STATESMAN ● IDAHOSTATESMAN.COM

Dear RoadWizard: We live on Boulder CreekAvenue off of Ustick Road. Thetraffic westbound on Ustick backsup from the Meridian Road signalto our street, making it nearlyimpossible to get out. I realizeUstick is due to be widened but weneed relief now. Could we get a“Do Not Block Intersection” sign?Frustrated in Meridian

Before posting a “Do Not Block

Intersection” declaration, ACHD

must first observe the intersection

in question during a high traffic

period, in this case on a weekday

between 4 p.m. and 5:45 p.m.

There were significant backups on

Ustick that reached Boulder Creek,

but they didn’t last long. If a driver

was waiting to turn in or out of

Boulder Creek, Ustick motorists

gave them ample room. However,

no vehicles were seen using

Boulder Creek during the worst of

the backups.

Another consideration is thatthe intersection is three quartersof a mile from the signal. If a “DoNot Block Intersection” sign wasplaced at Boulder Creek, therewould also be a case for doingthe same thing at the other publicroad intersections on Ustick thatare even closer to Meridian Road,which would be overkill. Sorry,“Frustrated,” your sign request isdenied.

Dear Road Wizard: I think youdo a terrific job of answeringthe questions submitted to you.My question is about 15th andIdaho streets: Any plans to fix thedeep, jaw-dropping ruts in theintersection? GFP

Many streets in downtown Boiseare planned for new pavement thissummer, and some will transitionfrom one-way to two-way roads,

with the fresh asphalt serving as ablank canvas for the changes.

However, 15th and Idaho isn’tpart of that project. That would benice, but the ruts aren’t bad enoughto warrant an immediate repair.If conditions worsen, ACHD mayshave down the bumps, since newblacktop is several years away. Ihope this news doesn’t leave youtight-jawed as well.

Dear Road Wizard: This mustbe an artifact from the olden dayswhen Mountain View Drive inBoise didn’t dead end and wentthrough to Curtis Road. Becauseit does dead end, this portion ofMountain View carries very littletraffic. Meanwhile, we stack upseveral cars deep on the sectionof Mountain View on the westside of Ustick Road trying to godown the ramp in the morning, butUstick traffic is thick as fleas. Allthe while, there is a wonderful butseemingly useless traffic light at thedead end portion of Mountain View

with nothing much to do. Whycan’t we relocate the signal fromits current location, where itlanguishes, something like 50 yardsup Ustick where it might be moreproductive? Ken M.

The Ustick extension to Curtis,which disconnected MountainView, would have made MountainView an attractive cut-throughroute between Ustick and Curtis ifnot for the dead end.

Mountain View and Ustick isthe only way out for homeownerson the dead end portion, but theroad curve makes it tough to seeoncoming traffic on Ustick. That’swhy the signal was installed – forsafety, rather than traffic demand.

In contrast, drivers on the west,non-dead-end portion of MountainView get a good look at Usticktraffic. Plus, that part of MountainView just doesn’t have enoughvehicle traffic to justify a signal.

1756923-03 Committed to Service

Whynot? “NoonecontactedISPtoinquire whether or not ISP had acriminal investigation open in thismatter,” an ISP spokeswoman saidin anemail exchangewith anAsso-ciated Press reporter contained inthepublicrecords.

AFTERFALSESTART,WASDENURGESINVESTIGATION

Once allegations about falsifiedCCA staffing documents were re-ported by The Associated Press,IDOC Director Brent Reinke for-mally asked in February 2013 thatISP Col. Ralph Powell launch acriminal investigation. That is theinvestigation that IDOC and otherofficialsbelievedwasunderwayforthenextyear.

In February 2014, after the StatePolice announced it had not con-ducted the assumed investigation,Attorney General Lawrence Was-denurgedGov.ButchOttertoorderone.Otter,afterinitialdelay,agreed.But that investigation did not lastlong; detectives quickly deter-minedthattheISPhadaconflictbe-cause its investigationmight entailexamining State Police commandstafforotheremployees.Theinves-tigationwasturnedovertotheFBI.

It is the documents and reportsthat State Police investigators as-sembled before they turned the in-vestigationovertotheFBIthatwereobtained by the Statesman in itspublicrecordsrequest.

Assoonastheywereassignedthecase in February 2014, the first per-sonISPdetectives interviewedwasHiggins.HeheadedIDOC’sinvesti-gation unit, oversaw prison con-tracts andwas among the first peo-ple to uncover discrepancies inCCAstaffing.

Higgins declined to be inter-viewed by the Statesman; his ac-countisdrawnfromtheISPrecords.

Higgins told detectives he heldoff on continuing his investigationinto CCAbecause he assumed theinvestigation was underway onceReinke had formally asked Powellto conduct the probe. “We saw thecolonel all the time,” Higgins toldthedetectives.“Everytimewehadameetingdiscussingthis, thecolonelwaspresent.”

Higgins also told detectives hewas not the only onewho assumedISP was conducting the investiga-tion.

“Everybody, from the ACLU tous tomy legal counsel—everyoneofthesemeetingsIhadlegalcounselpresent—wewereallfranklyundertheimpressionacriminalinvestiga-tionwasgoing,”Higginssaid.

‘IAMTHEDETECTIVE’Higgins told detectives he

learned there was no criminal in-vestigation from press accounts ofISP’s Feb. 5, 2014, announcementthatithadnotdoneaninvestigationandhadnotassignedacasenumberordetective.

“Up to that point, I had assumed

somebodywouldbedoingwhatyouguysaredoinghere.Goinginandin-terviewing the staff, taking theKPMGreportandputtingclosuretothis thing, because frankly I do notconsider this closed,” Higgins toldthedetectives.

Higginstolddetectiveshehadal-ready provided documents sixmonths previously to Major SteveRichardson, the ISPinvestigator hebelievedwas assigned to the crimi-nal investigation, according to theinvestigationreport.

“He said, ‘I am the detective as-signedtothecase,’”Higginstoldde-tectives. “He sat next to me in themeeting.…Wetalkedquiteabit.”

While he was not personally in-volved in the settlement negotia-tions,HigginssaidthatknowingthatISPhadnotinvestigatedCCAcouldhave factored in the department’ssettlementnegotiations.

In declining to be interviewed,Higgins referred the Statesman toan IDOC spokesman who issuedthis statement: “The records youobtained from the Idaho State Po-liceshowthatfromthestartwehavefullycooperatedwithinvestigators.We have turned over tens of thou-sands of pages of documents andspent countless hours answeringquestions — often the same ques-tionsmultiple times. In fact, there’snot a single question we have re-fused to answer nor a single docu-mentwehaverefusedtoproduce.”

IDOC said that with the FBI in-vestigation concluded, “we do notbelieve it is productive for us to goover this well-plowed ground yetagain and speculate about whatmighthavebeen.”

ISPdidnotrespondtoStatesmanrequests to comment on Richard-son’sroleoranswerwhathappenedto the investigative materials Hig-ginsturnedover.

MISCOMMUNICATIONS,NOTCRIMINALITY

OnMay20,U.S.AttorneyWendyOlsonsaidthatthesubsequentyear-long FBI investigation intoCorrec-tionsCorporationofAmerica staff-ingdiscrepanciesfoundevidenceoffalse entries and understaffing, but“didnot produce evidenceof a fed-eralcriminalviolation.”

The federal prosecutor alsolooked at whether the Idaho StatePolice, the governor’s office or theIdaho Department of Correctionhad sought to delay, hinder or cor-ruptly influence a state investiga-tionintocontractfraudattheprison.

What Olson described as “mis-communications” and “uncorrect-ed assumptions” created “suspi-cion,”shesaid.Butstateofficials’ac-tions did “not rise to the level ofcriminal misconduct.” While shedeclined to offer specifics, she didsay“anumberofotheractionsorin-actions...maybeofconcern”tostateagenciesandIdahovoters.

WHATWERETHERIPPLEEFFECTS?

Whyisthismorethanjustanem-barrassingmisstep for theStatePo-lice and the governorwhopubliclydefendedtheagency’swork?

What Olson described as mis-communication and “uncorrectedassumptions” also slowed a federallawsuitagainstCCA.Itledstateoffi-cialstowithholdpublicdocuments,based onwhat they believedwas apending criminal investigation. AtopIDOCofficialandadeputyattor-neygeneralhadtoexplainwhytheyhad not committed perjury by tell-inga federal judgeaboutan investi-gationthatapparentlydidnotexist.

When the ACLU issued a sub-poena for documents it needed foritsclass-actionlawsuitagainstCCAover violence at the prison it ran,IdahoDepartmentofCorrectionre-fused to provide ACLU the docu-ments, saying such a release mightinterferewith theongoingcriminalinvestigation. The ACLU later gotthedocuments.

In that same case, the court de-clinedACLU’s request for anorderrelated toCCAstaffingbecause thejudgesaidhewould“not intrudeonCCAstaffingdecisionswhenacrim-inalinvestigationisongoing.”

NEGOTIATINGINTHEDARK?Even a member of the Board of

Correction expressed concernsaboutbeingmisledabouttheinves-

tigation.J.R.VanTasselwastheonlyboard

member to vote against the state’s$1 million settlement agreementwith CCAand the only one to talkabout it. He told The AssociatedPress thatat the timetheboardvot-ed, it believed the State Police haddonethecriminal investigationanddecided there were no crimes toprosecute.

“I was at a loss for words,” VanTasseltoldTheAPaboutthelackofan investigation. “I think that theboardmay have treated this a littledifferently had it been clear to usthatCol.Powellwasn’tgoingtopre-sent us with any factual findingspursuant toan investigation,whichwefeltwerecoming.”

CynthiaSewell:377-6428;

Twitter:@CynthiaSewell

ISPCONTINUED FROM D1

KYLE GREEN / kgreen@idahostatesman.com

U.S. Attorney for Idaho Wendy Olson, center, said May 20 that an investigation found no evidence of criminal intent by the Corrections Corpora-tion of America or by state officials to hinder the investigation in alleged fraud by CCA. “While these miscommunications ultimately gave rise tosuspicion of an effort to delay, hinder or influence a state criminal investigation, such miscommunications, unsupported by any other evidence, donot rise to the level of criminal misconduct,” Olson said. But she did say: “There were a number of other actions or inactions that may be of con-cern to the state agencies, to the voters, to whatever.” Assistant U.S. Attorney Kevin Maloney is pictured at left and FBI Supervisory Senior AgentErnie Weyand is at right.

CYNTHIA SEWELL

Statesmanreporter Cyn-thia Sewell is aformer IdahoPressClubreporter of the

year, largely for herwatch-dog reporting.

beganmeetingwithanadhocgroupinthecommunitythatwasconsideringasimi-lar initiative.Thesehopesanddiscussionsmergedinrecentweeksandthe ideabecamekindofanoutlineabouthowwewouldpro-duceandmanageit.

Torecap, “Today’sQues-tion” launchestoday. ItwillresumeonWednesdaysthroughSundaysuntilwehaveexhaustedallof thegreatquestionsIdahoanswishtotackle.OnTuesdayswe’regoingtopublishasamplingofsomeof thequestionsandyouranswersfromthepreviousweekthatwerepostedonFacebook.

Wefullyexpectandhope

“Today’sQuestion”willevolveandbecomeexactlywhatyouwant it tobe.We’llbe ina“soft launch”modeoverthesummerandwe’llseewhere itgoes.Butweknowitwon’tgofarwithoutyourparticipation.

RobertEhlert is theStatesman's

editorialpageeditor.Reachhim

at 377-6437 or follow

@IDS_HelloIdaho

QUESTIONCONTINUED FROM D1

Look for

Scene Magazinein the Friday

Idaho Statesman

IDAY