Sarpy County Attorney Lee Polikov has finalized a deal to dismiss charges against the leader of a Kansas church, in exchange for withdrawal of civil lawsuits filed against county authorities.
The agreement ends a three-year court battle that began when Shirley Phelps-Roper's 10-year-old son stood on an American flag at the funeral of a Bellevue soldier.
The widely expected compromise was sealed Monday when Sarpy County authorities formally dismissed charges against the leader of the Wichita, Kan.-based Westboro Baptist Church. Polikov and Phelps-Roper each signed the agreement on Aug. 23.
Polikov said the county would have had a good chance at success if it had chosen to prosecute Phelps-Roper. But he added that a years-long process of appeals would've likely followed, which would've cost the county large amounts of both money and time.
"When it comes down to it, you have to think about what you're going to get out of it," Polikov said. "If she would've won, that would've been a big win for her if she got the court to acquit her ... I gave up maybe a $200 fine. I wasn't going to get her jail time."
Phelps-Roper was charged with negligent child abuse and disturbing the peace in 2007 after the church's protest at a service member's funeral.
Members of the Topeka, Kan., church protest at the funerals of U.S. service members because they believe the deaths are God's retribution for the nation's tolerance of homosexuals.
Prosecutors earlier dropped charges of flag mutilation and contributing to the delinquency of a minor against Phelps-Roper after a federal judge ruled that the state's flag mutilation law is unconstitutional.
If convicted of the child-abuse and disturbing the peace charges, she could have faced up to 15 months in jail.
Phelps-Roper filed a lawsuit in early August that named three Sarpy County attorneys and sought damages for actions she said restricted her First Amendment rights. Phelps-Roper will withdraw that suit and remove Sarpy County from a pending federal case as part of the agreement.
Her trial, originally scheduled to begin two weeks ago, was delayed as attorneys negotiated a deal.
Public reaction to the deal has been mixed. Polikov said he's heard mostly positive comments from those who supported his efforts, but critics of the deal had hoped efforts to prosecute Phelps-Roper would continue.
"I can't accomplish what those folks want," Polikov said. "It's a great classroom discussion, too complicated for the courtroom. I see it as, we stood up to her and she backed down."
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