
On November 9th, the U.S. Supreme Court will hear oral arguments challenging the constitutionality of juvenile life without parole (JLWOP) sentences. In preparation for oral arguments, JLWOP: Faces & Cases will be an on-going series on The Foundry that will tell real stories about juvenile offenders who are currently serving LWOP sentences.

Defendant: Ethan Allen Windom (17)
Victim: Judith Windom
Crime: Second degree murder
Where: Boise, Idaho
Crime date: January 25, 2007
Verdict: Guilty
Sentence: Life without parole
Ethan Allan Windom battered his mother with a barbell and then killed her with a kitchen knife.
Facts
Ethan Allan Windom lived with his mother, Judith Windom, in Boise, Idaho. Judith was a high school teacher and worked with disabled students. Ethan attended the local public high school, where he received good grades.
Windom was an avid weight lifter and took creatine, a supplement, to enhance his weight-lifting ability. At the time he murdered his mother, he was 5’8” tall, weighed 220 pounds, and was very muscular.
Windom bullied his mother. He took her master bedroom for himself and turned the living room into a weight-lifting and exercise room, leaving a cramped bedroom for his mother.
Windom became obsessed with a fictional character from the book and movie “American Psycho.” The character wore a suit and lived a “clean” life by day but committed crimes at night. In time, Windom began to wear a suit to school.
On the night of, January 25, 2007, while his mother was asleep, Windom armed himself with a barbell and savagely beat her, striking her head repeatedly. Then he then stabbed her with a kitchen knife until she was dead.
Windom replaced the voicemail greeting on their home telephone with one explaining that he and his mother were away on a trip. He then walked across town to his father’s residence. It was the middle of the night. He woke his father and step mother, telling them that someone had hurt his mother. They called the police.
After Windom was arrested, he explained that he had been thinking about killing someone for some time.
Although charged with first degree murder, Windom struck a plea agreement and pled guilty to second degree murder. He was sentenced to life without the possibility of parole.
Charles D. Stimson is Senior Legal Fellow and Andrew M. Grossman is Senior Legal Policy Analyst in the Center for Legal and Judicial Studies at The Heritage Foundation.
This week, we saw scores of Hollywood liberals rushing to the defense of Roman Polanski, a man who has admitted to sexually assaulting a 13 year old girl in 1977 and running from justice ever since. The most cited excuses were: It was a long time ago; she forgave him (after a large civil settlement); the judge was too strict and the most concerning…he said it was consensual. Whoopi Goldberg went as far as to not call it a “rape-rape” and rationalize that many other cultures find sexual intercourse between a 44 year old man and a 13 year old girl perfectly acceptable–which ones she didn’t say. But this all just a case of Hollywood being Hollywood, right? They have looser morals in la-la land, and here in reality, the sexual assault of teenagers is not acceptable, right? Nope. A senior official in the Obama administration responsible for child safety has been exposed to have ignored child sex abuse when he was a high school teacher, and yet retains the confidence of the Secretary of Education.
Yesterday, ABC News’ Jake Tapper reported on Kevin Jennings, who is informally known as “Safe Schools Czar.” His formal role is as Head of the Office of Safe and Drug Free Schools. Clearly this is an administration role that is best suited for someone who has spent a career protecting students and creating safe environments for children. However, in Jennings’ own book “One Teacher in Ten” he recounts a story where a 15 year old student confided in him that he had a sexual relationship with a much older man he had met a bus station bathroom. Jennings only reaction to this news was to ask if the boy used a condom and to exchange smiles with the young boy for the remaining two years of his high school education.
This exchange happened in 1988 while Jennings was a teacher at the Concord Academy in Concord, Massachusetts. A New York Times article in January, 1988 examined the growing number of cases of child sex abuse in Massachusetts following the enactment of a state law in 1983, making it mandatory to report the abuse. Prosecutors said the influx of cases strongly reflected “both the need for a coordinated statewide response to abuse of children and the failure of some judges and others to treat the sexual abuse of children as a serious crime.”
In fact, in December 1987, Peter K. Gunness, the headmaster of a private school in Massachusetts–Buckingham, Brown and Nichols–was prosecuted for doing exactly what Mr. Jennings did the next year, by failing to report a known incidence of child sex abuse. Prosectors refused to allow this type predatory conduct to not be taken seriously, especially by those in positions of authority at schools.
Back to Mr. Jennings. First, if this man had to be confirmed by the Senate, he would not have been appointed knowing these facts which he spells out himself proudly in speeches and books. By subverting the Senate confirmation process and appointing him to a senior administration position, we are left to learn this background all too late. Secondly, it has been inferred that since Mr. Jennings is himself gay, that this somehow either explains his behavior in 1988 or dismisses the outrage being expressed today by his opponents.
Jennings is the founder and of the Gay, Lesbian and Straight Education Network (GLSEN). The purpose of GLSEN is to combat the “heterosexism” that “undermines a healthy school climate.” While certain goals of this group’s cause may be open for debate, and others like “No Name Calling Week” are certainly admirable, none of it has anything to do with this situation. Whether Jennings or the abused boy was gay or straight is immaterial except that some may assume it influenced Jennings supposedly sympathetic, but extremely misguided decision not to report the abuse. Any time a 15 year old of any gender is preyed upon by an adult of any gender, it is the responsibility of the community, and especially teachers, to report the incident, and to protect the child, rather than implicitly encourage similar behavior in the future.
Kevin Jennings said as much this week when he apologized for his behavior. He said: “Twenty-one years later I can see how I should have handled the situation differently. I should have asked for more information and consulted legal or medical authorities. Teachers back then had little training and guidance about this kind of thing.” Again, the familiar emphasis that this was twenty one years ago and should be water under the bridge.
Education Secretary Arne Duncan said: “Kevin Jennings has dedicated his professional career to promoting school safety. He is uniquely qualified for his job and I’m honored to have him on our team.” He dedicated his career except for those years that we know of where he ignored child sex abuse, right?
It appears that a growing double standard is emerging among liberals. After months spent scolding the disgraced former Congressman from Florida, Mark Foley, for exchanging lurid text messages with a 16 year old page, it appears there is only silence regarding this senior Obama Administration official’s illegal behavior, condoning child sex abuse. Just as in the Roman Polanski case, the hypocrisy must end.