March 5, 2014

Restraining order denied

 

By Suzanne Werre

BHG News Service

Judge John W. Grinsteiner ruled Tuesday that there is insufficient evidence to uphold a temporary restraining order filed against an Underwood School aide, Lisa Auck, by Deborah Henderson, who has three children attending school in Underwood.

Henderson had sought a restraining order against Auck, on the basis that Auck had unfairly punished one of her children and had given another child a dirty look one day at school.

Henderson and her boyfriend, Kynan Dutton, rent a home owned by Auck's mother, Alice Heger. Henderson and her children recently moved to Underwood from Leith, which has recently made news nationally as being the spot where white separatist Craig Cobb hoped to develop a whites-only enclave. Dutton was a follower of Cobb at the time.

Following testimony from Henderson, Auck and two of Henderson's children, Judge Grinsteiner ruled against Henderson, saying that the testimonies offered against Auck, provided "insufficient evidence to justify issuance of a restraining order." He said the testimony presented did not meet the criteria for "disorderly conduct," meaning intrusive or unwanted acts; words, or gestures that are intended to adversely affect the security, safety, or privacy of another person.

While testifying, the eldest child repeatedly said that she felt "unsafe and uncomfortable" at the school with Auck working there.


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