Shelter disputes with police
Lee Williams
Argus
Leader/Sioux Falls, SD
Confidentiality overrides subpoena, advocates for victims say
Advocates for victims of domestic violence say an incident between police and a shelter worker in Sioux Falls could have violated the primary rule of such shelters, which is complete confidentiality of the clients.
As part of a felony investigation, Sioux Falls Police Detectives Thomas Polzien and Larry Heitkamp went to Mita Maske Ti Ki (My Sister Friend's House) Thursday morning looking for a woman who may have been residing there.
The detectives had a subpoena signed by Minnehaha Deputy State's Attorney Gary Colwill. Colwill said the detectives had requested it and were looking for a child who was taken by a noncustodial parent.
"They simply needed to know whether the parent and child were at that location," Colwill said.
That's information shelter workers are reluctant to give out. Across the state, advocates for victims of domestic violence said doing so could violate the trust and threaten the safety of those staying at the shelters.
Some say they work with police in a situation like this and encourage their clients to talk to authorities. Others say they will fight for confidentiality at all costs.
Rose Paz, the on-duty advocate at the shelter Thursday morning, wasn't sure what to do.
She said the detectives had called ahead to say they were coming. She said they told her they were bringing a search warrant. When they arrived, she refused to let them in.
The detectives read the subpoena to her, ensuring she knew it wasn't for a search but instead an order from the court for information about a possible client.
"I started to tell them that due to confidentiality I couldn't ... but they interrupted and told me if I was housing the woman, they'd take me to jail," Paz said. "They took down my name and date of birth. They threatened to arrest me if I didn't cooperate."
"I told her it was possible and that she could be (arrested)," Polzien said.
"She's obstructing a criminal investigation," Heitkamp said.
Inside the shelter's cramped office, Paz called Mary Metcalf, the shelter's director, lawyers and other advocates while the detectives waited outside.
Paz reached Sioux Falls lawyer and former U.S. Senator Jim Abourezk, who arranged a conference call with the state's attorney and the detectives. Abourezk advised Paz to yell through the door that the woman wasn't at the shelter. She wasn't.
It satisfied the detectives.
"We had a patch-call between the state's attorney and Abourezk," Heitkamp said. "The person we're looking for is not here. We're leaving."
Paz said the experience was frightening. "My pulse is still racing," she said after police left. "They want to scare you, to intimidate you, and it works."
Police have spoken to the child's father, a Sioux Falls resident, but are still searching for the mother and child.
Capt. Mark Moberly, the detective bureau commander, said his detectives didn't make any threats. "It's hardly a threat to arrest someone when you're simply explaining to the person what could happen if they didn't comply with a lawful order," he said.
"Sometimes, in child custody cases, there's a fine line between civil and criminal. The bottom line is the welfare of the child," Moberly said.
Abourezk has never heard of law enforcement using a subpoena at a women's shelter.
"It seems to me that there must be a better way to find a child," he said.
Colwill said he wasn't there, so he doesn't know how the situation was handled. But "if the shelter would have provided the information we needed, then the investigation could have proceeded."
Metcalf said Paz did the right thing by refusing to answer questions, and that her shelter has a tough stance on confidentiality.
"Our shelter is taking a stand," she said. "We want women to know this is a safe place. We don't turn women over to anyone. If we did, it could jeopardize a woman's life. We don't confirm or deny who is in the shelter. We uphold the rule of confidentiality. We say that over and over. It's in our mission statement, and it's essential."
Metcalf wants a protocol with the police department to ensure similar events don't occur again.
"And it should be victim-centered, not abuser-centered," Metcalf said. "The way this thing was handled was absurd. ... We don't give women up, and if that ruins our relationship with the police, that's just too bad. We will never turn women over to them. When women come here, we'll protect them. We won't ever, ever compromise that."
Karen Artichoker, who runs the Women's Lodge in Kyle, agrees.
"We would never, ever tell anyone who is in our shelter," she said.
She said law enforcement officials have brought court orders and subpoenas to her shelter.
"We don't release anything, because we can't put the woman in a situation where her abuser is able to make the legal system work for them," Artichoker said. "They use the system to gain access to their victims."
She and the other directors are members of the South Dakota Coalition Against Domestic Violence and Sexual Assault. Their phone lines lit up with conference calls after the exchange between Paz and Sioux Falls police.
At issue is protecting the victims. "We have to be able to assure the women that once they are in our shelter, they can remain totally anonymous. Why would you go to a shelter if you couldn't remain safe?" Artichoker said.
At the Artemis House in Spearfish, director Lucynda Sanders agrees and doesn't talk to police about her clients. She said that is a standard policy at all shelters. "It could put the woman's life in danger. Not only her life, but the other women in the shelter as well," Sanders said.
Verna Clairmont, director of the White Buffalo Calf Woman Society, a women's shelter in Mission, said there are misconceptions about the issue of confidentiality outside the domestic violence field.
"We're bonded to confidentiality to ensure the safety of our people," Clairmont said.
At the Sacred Heart Women's Shelter in Eagle Butte, director Marcy Lesmeister has taken a different stand.
"When they subpoena our records,
we tell them that the records don't belong to us but to the women," Lesmeister
said. "We just keep the records here. That's our position. If they want
our records, they can get a release from the women."