After a political flyer was sent out on Sen. Carolyn Bosn’s behalf suggesting a 14-year-old Lincoln Public Schools student who allegedly stabbed another student to death is still enrolled at the district, Bosn said she “did not have any role in creating or approving the content.â€
The mailer was paid for and distributed by the Omaha Police Officers Association in support of Bosn, a former prosecutor who is running for a four-year term representing southeast Lincoln and Lancaster County in the Legislature. Bosn, a Republican, was appointed to represent District 25 by Gov. Jim Pillen in 2023.
The mailer referenced a case involving 14-year-old Stephen "Max" D'Amore, who is charged with fatally stabbing 16-year-old Xavian Sawyer on May 18. Sawyer died after being stabbed twice in the chest following an altercation with D’Amore at his home near 64th and Adams streets, police have said.
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“Because of our broken juvenile system laws, a suspected murderer is out on bail, walking our neighborhoods and remains enrolled at LPS,†the flyer reads.
The ad, which also featured a photo of D’Amore, hails Bosn as "a tough-on-crime former prosecutor who will work with law enforcement to end the catch-and-release of violent offenders and fix the broken juvenile justice system."
D’Amore, though, is not being prosecuted as a juvenile. He stands charged with first-degree murder in adult court and was only released fromÌýthe Lancaster County Youth Services Center after paying 10% of his $750,000 bondÌý— an amount set by Lancaster County Judge Thomas Zimmerman at a hearing in May.
Criminal defendants in Nebraska must pay 10% of their bond amount to be released from incarceration as they await trial.ÌýD’Amore had to pay $75,000 to be granted pretrial release.
WhileÌýD’Amore is still enrolled at LPS, he is taking classes online, according to court testimony from Ryan Dvorak with Pre-Adjudication Community Services, who is responsible for providing supervision to him. He is also being digitally monitored through a GPS ankle monitor.
In testimony Monday at a hearing in D'Amore's criminal case, Deputy Lancaster County Attorney Chris Reid questioned Dvorak, who is responsible for supervisingÌýD'AmoreÌýas his case works its way through the court.
"LPS made the decision that Mr. D'Amore should not be in the normal school setting?"ÌýReid asked.
"That's my understanding, yes," Dvorak said.
Lincoln Public Schools declined to comment on D'Amore's status in the district, citing federal education privacy law.
D'Amore's enrollment in school is among the conditions of his bond, according to court records. The 14-year-old is required to be "employed or in school full time" and is barred from leaving his family's north Lincoln home between the hours of 10 p.m. and 6:30 a.m., according to court records.
He is also barred from traveling outside of Lancaster County without the court's permission and prohibited from possessing weapons, and consuming drugs or alcohol, among other bond conditions that are typical for any adult court defendant awaiting trial.ÌýD'Amore, too, is subject to weekly drug and alcohol testing at his own expense.
The Omaha Police Officers Association did not return an email or phone call seeking comment on the misleading mailer.
In a statement, Bosn said she was not made aware of the mailer until after it had already been sent out, and did not even receive one herself — a constituent was the one to bring it to her attention, she said.
She also said she does not know the facts of the case referenced in the mailer, and that it would “be unethical for me to opine on the circumstances of that case without knowing the facts.â€
“When I announced I was seeking election, I committed to running a clean campaign and focusing on my own qualifications and strengths," she said. "My campaign social media, radio ads, video ads, text messages, interviews and mailers have all demonstrated this commitment."
While Bosn did not take ownership of the mailer and its contents, she did reinforce her commitment to working with both law enforcement and school districts to address concerns each has about youth behaviors and the juvenile justice system.
Bosn said she has had meetings with both entities, in which they have expressed frustration over current trends within the juvenile justice system and have shared concerns that “younger and younger kids are committing what are inarguably more serious offenses,†she said.
“I am committed to working with law enforcement and schools to address these issues,†Bosn said.
This year, in her first full legislative session as a lawmaker, Bosn that would have allowed for juvenile defendants to be detained when it's an "immediate and urgent necessity" for their own protection. The bill stalled in the Judiciary Committee.
±·±ð²ú°ù²¹²õ°ì²¹Ìý older than 12 to be detained when the "physical safety of persons in the community" is at risk.
Nicki Behmer Popp, the nonpartisan candidate seeking to unseat Bosn, said she learned about the mailer from voters while canvassing in District 25 this week.
She said voters she had talked to of "all political backgrounds" expressed disgust with the ad, which she said had sunk the campaign against her "to new lows."
"Lincoln voters are smart and they won’t be manipulated by these ridiculous attacks," Behmer Popp said in a statement, adding that it was "disappointing that Sen. Bosn has not disavowed these never-ending attacks or even had the courtesy to reach out to me."
The flyer also prompted backlash on social media.
Dave Feit, a District 25 resident, and questioned why backers of Bosn's campaign "hadÌýsent me a mailer with a photo of a minor who has been accusedÌý— but not convicted ofÌý— a crime?"
"I thought prosecutors worked under the concept of innocent until proven guilty," wroteÌýFeit, a registered Republican. "Absolutely disgusting and shameful."
The post had garnered more than 17,000 views by Wednesday afternoon.
It's unclear how much money the Omaha Police Officers Association has spent in support of Bosn's election campaign in District 25, where Republicans and where with 55.3% of the vote.
The union's campaign finance disclosure filings that would reveal how much it has spent boosting Bosn's campaign aren't due until Nov. 12. The group has historically spent modest amounts backing down-ballot Republicans in Nebraska, primarily in Douglas County, where Omaha is located.
TheÌýOmaha Police Officers Association donated $1,000 to the Douglas County Republican Party last October, according to prior campaign finance filings. In 2022, the union gave $500 each to the campaigns of Douglas County Sheriff Aaron Hanson and Douglas County Attorney Don Kleine, both Republicans.
The group also gave $500 that year to Omaha City Councilman Danny Begley, a Democrat.
The union had not donated directly to Bosn's campaign this year as ofÌýOct. 21, according to her campaign's latestÌýfinancial disclosure filings. Her campaign has spentÌý$324,282 this yearÌýlargely on mail, radio and digital advertisements.
She told the Journal Star she has been endorsed by the Omaha Police OfficersÌýAssociation, the Lincoln Police Union and theÌýState Troopers Association of Nebraska, among other law enforcement groups.
Reach Jenna Ebbers at 402-473-2657 orÌýjebbers@journalstar.com. Reporter Lori Pilger contributed to this story.