|
| |
|
| |
|
|
|
August 23, 2005Police say background check fixes are in progressSystem missed felony record of Americorps administratorByRecord-Eagle staff writer CHARLEVOIX - State police knew about and were trying to fix shortcomings in a criminal background check system that failed to ensnare a local school official whose name change hid his criminal past. Improvements to the Internet Criminal History Access Tool, or ICHAT, are underway, said state police Lt. Col. Tom Miller, but won't be in place until late this year. A state criminal check did not unearth the felony background of Char-Em Intermediate School District AmeriCorps administrator Arthur Kirk, 70, who recently was charged with felony weapons crimes. Kirk was arrested after police discovered his past as Arthur Kirkeby. He has a lengthy criminal record that includes sex crimes with children. The discovery occurred after Kirk applied for a concealed weapons permit and submitted to a federal fingerprint check. A criminal check of Kirk sought by school officials used the state's ICHAT system, and supplied his date of birth, Social Security and driver's license numbers. Because Arthur Kirk had no criminal history, his background as Arthur Kirkeby did not pop up on computer screens. State police since added Kirk's name to the system. But ICHAT's name-recognizing limitations are still evident. If "Art Kirk," the name Kirk often goes by, is typed into the system, it does not return a criminal history. That should change by year's end, Miller said. State police hope to improve the system to red-flag name similarities, and other upgrades emphasize information such as driver's license and Social Security numbers, he said. Police also agreed to work with state education officials on developing guidelines for background checks on volunteers in positions such as the one Kirk held. School employees such as teachers and bus drivers are already required to submit to background checks that include a federal fingerprint search. The Kirk case "has gotten the attention of the educational community statewide, and has caused school districts to reevaluate their procedures," said Charlevoix Police Chief Dennis Halverson, who also serves as president of the Charlevoix school board. School officials said it's impractical to fingerprint all non-employees. Char-Em director of administrative services Rick Diebold said such tests take up to eight weeks and can cost $85 each. Kirkeby legally changed his name to Kirk in an Ingham County Probate Court proceeding in 1985. He said the name change was to simplify the pronunciation of his last name. The probate court record makes no mention of his multiple felony convictions. The state corrections department Web site indicates Kirkeby was discharged from prison on Oct. 20, 1986. He served five years and four months on a first-degree criminal sexual conduct conviction. Charlevoix County Prosecutor John Jarema said it's not clear whether Kirkeby legally changed his name while in prison or while on monitored release before he was discharged from the corrections system. Char-Em superintendent Mark Eckhardt said he remains concerned the state police check didn't alert the district to a felon's past. "I just cannot fathom that that information wouldn't transfer from one system to another," he said. Kirkeby's name change is also of concern to state Rep. Kevin Elsenheimer, R-Bellaire. A Michigan law enacted a few years ago requires anyone seeking a name change to submit to a fingerprint background check. A judge can consider whatever information that check reveals in deciding upon the name change. Kirkeby's name change occurred before the law was enacted. "We may have to consider legislation that takes the judge's discretion out of it, that if you've been convicted of a sex crime, you have no ability to change your name whatsoever," Elsenheimer said. The state police's ICHAT system has received 850,000 queries since its inception in 1999, Miller said. The state system has linked to a national criminal database within the past month, which should help reveal individuals' criminal histories in other states, Miller said. But only about 22 states are in the national database so far, he said. See Related Stories: Former school official facing six charges - August 18, 2005 Charlevoix officials want convicted felon loophole closed - August 11, 2005 Police, ISD spar over sex offender - August 5, 2005 Charlevoix AmeriCorps director arrested on firearms charges - August 2, 2005
|
|
