California- Personnel records used to justify the dismissal of a librarian who reported to police when a man was viewing child pornography on a public computer were changed after her dismissal, according to a law firm working on behalf of Brenda Biesterfield.

That, however, hasn’t stopped the county from justifying its actions and citing those changed records.

“The actions of Tulare County officials in firing Brenda Biesterfeld are simply inexcusable,” said Mathew D. Staver, founder of Liberty Counsel and dean of Liberty University’s school of law.

“She should be reinstated and compensated for the injustice done to her. The Tulare County Library ought to adopt clear policies informing their staff of the duty to report child pornography to police authorities. Just as taking crack in a library cubicle is illegal and must be reported, even more so should child pornography be reported. It is an unspeakable crime against children.”

WND reported earlier when Biesterfeld was dismissed from her position as a librarian without explanation two days after police found a library customer allegedly viewing illegal child pornography on a library computer. They had been alerted to the situation by Biesterfeld.

The county later wrote to Liberty Counsel’s Stephen M. Crampton in response to his letter protesting the dismissal and demanding her reinstatement. The county reported “an internal review conducted by the County’s Administrative Office led to the conclusion that Ms. Biesterfeld was terminated for legitimate business reasons and not because of any report she made to the Lindsay Police Department…”

However, county officials cited “confidentiality laws” that prevented them from disclosing those reasons. So Liberty Counsel obtained copies of Beisterfeld’s personnel files, redacted private information, and posted them on the organization’s website for people to see.

They demonstrate that “she was indeed fired for reporting to police that a patron, Donny Lynn Chrisler, was viewing child pornography on a library computer,” the law firm said.

“On Jan. 15, 2008, the performance evaluation given by Judy Hill, the supervisor who fired Biesterfeld, stated she was performing satisfactorily. As the sole employee at the Lindsay branch, she was entrusted with managing the entire branch library,” said Liberty Counsel.

“The evaluation also mentioned additional training that was coming up in March and stated: ‘In April 2008, the ‘new’ Lindsay Branch Library will be completed. When it gets closer to the date of completion we will go over the move and floor plan,'” Liberty Counsel quoted.

“On Feb. 21, Biesterfeld was visited by the entire management of the Tulare County library system, all of whom reiterated that Biesterfeld would very soon assume responsibilities for this brand new facility. A few days after that visit, Biesterfeld was asked what color bookends she wished for the new facility,” Liberty Counsel said.

But when the pornography case suspect was arrested, Hill “was upset and demanded from police the name of the person who reported him. Hill terminated Biesterfeld two days after the arrest, when Hill learned it was Biesterfeld who called police,” LC said.

After the dismissal, Hill then placed “new items” in Biesterfeld’s personnel filed without telling Biesterfeld, a violation of county library policies that require employees be notified and given an opportunity to respond, the organization reported.

“The new information placed in her file after the termination discusses minor issues regarding shelving books. Even this new, after-the-fact information fails to justify the wrongful termination of Biesterfeld,” Liberty Counsel said.

“The fact is that Judy Hill sought to ignore the serious crime committed in the library when Chrisler viewed child pornography,” the law firm said. “She was allegedly concerned more about Chrisler having a right to view child pornography. In fact, there is no right to view child pornography, even in the privacy of the home, let alone a public library.”

Staver told WND Biesterfield – or any librarian – really had no choice in the matter, and that most states have similar laws requiring those in a position of trust, such as teachers or pastors, to report any suspicion of child abuse, which could include child pornography.

He said the laws he’s reviewing don’t specifically mention librarians but do include those adults who work with children.

“It could apply to a librarian, they have children coming into their facilities. They have a duty obviously,” he said.

Staver said those who would refuse to report such activities possibly could be cited, should a prosecutor decide to take on such a case.

The county’s response also, however, volunteered to let the issue go to a mediation in order to reach a resolution.

“The board has arranged for an independent investigation to be performed by retired Superior Court Judge Kenneth Conn … In an attempt to address your concerns and resolve this matter as expeditiously as possible, the board is willing to participate in mediation before Judge Conn,” said the letter from attorney Michael Woods on behalf of the county’s managing board.

Conn already had been requested to investigate and report to the county, the letter said.

“Following consideration of Judge Conn’s findings the board will respond to your demand that Ms. Biesterfeld be reinstated to her former position and that she be compensated for her lost wages and damages,” the letter said.

Biesterfeld earlier was honored by city officials in Lindsay and the Family Friendly Libraries, which gave her a Gold Star Award for her actions.

Liberty Counsel reported it was Hill who signed off on a “satisfactory” evaluation for Biesterfeld before the confrontation over the pornography, and who after the fact rasied other complaints about Biesterfeld.

It also was Hill who, when police made the arrested and confiscated the computer, told officers they had no business enforcing the child pornography law within the library.

Randy Thomasson, chief of the Campaign for Children and Families, a prominent pro-family leadership group, said he also was working to build support for the librarian.

“Our goal is to get Brenda’s job back, to institute a new library policy that has no tolerance for obscenity and child pornography, and to send a nationwide message that child predators will not be allowed to ‘do their thing’ in libraries,” he said.

Thomasson said the local battle has significant national implications.

“We’re also defending children nationwide,” he said. “You see, the American Library Association, which is the controlling influence over libraries nationwide, views pornography and obscenity as ‘intellectual freedom.’ Because of this, many libraries in the U.S. allow child pornographers to use their Internet system undetected and unreported. Is it any wonder why child molestation has become so common?”

According to the association’s own web page regarding intellectual freedom and censorship, it is not the work of a library to protect children from material that is “legally obscene.”

“Governmental institutions cannot be expected to usurp or interfere with parental obligations and responsibilities when it comes to deciding what a child may read or view,” the ALA says.

It also defines “intellectual freedom” as the right to see material “without restriction.” Those who object to obscenity and its availability are “censors,” who “try to use the power of the state to impose their view of what is truthful and appropriate.”

“Each of us has the right to read, view, listen to, and disseminate constitutionally protected ideas, even if a censor finds those ideas offensive,” the ALA states.

“Censors might sincerely believe that certain materials are so offensive, or present ideas that are so hateful and destructive to society, that they simply must not see the light of day. Others are worried that younger or weaker people will be badly influenced by bad ideas, and will do bad things as a result,” the ALA said.

That was the point Steve Baldwin, a former California lawmaker, was making when he previously penned a column citing a report from the Family Research Council.

“A 2000 report by the Family Research Council details how its researchers sent out surveys to every librarian in America asking questions about access to pornography. Despite efforts by the ALA to stop its members from responding, 462 librarians did respond. Their replies revealed 472 instances of children assessing pornography, 962 instances of adults accessing pornography, 106 instances of adults exposing children to pornography, five attempted child molestations, 144 instances of child porn being accessed and 25 instances of library staff being harassed by those viewing pornography. Over 2,062 total porn-related incidents were reported by a mere 4.6 percent of our nation’s librarians so one can assume the number of incidents is probably twenty times higher,” he reported.

He wrote that the “bias” of the ALA is obvious.

“When parent groups have offered to place books in libraries with conservative themes or are critical of the left, the ALA’s claims of being First Amendment guardians suddenly look fraudulent. When one parent tried to donate George Grant’s book, ‘Killer Angel,’ a critical biography of Planned Parenthood founder Margaret Sanger, the library sent a letter stating that ‘the author’s political and social agenda…is not appropriate.’ Huh? A biographical book with zero profanity is banned but books that feature the ‘F’ word a hundred times are sought after with zeal. Go figure,” Baldwin wrote.

Thomasson called on librarians across the country to report child pornography to law enforcement whenever it happens.

“The liberals who run the library system in America must stop violating the federal law because they regard child pornography as ‘free speech,'” he said. “All pornography is immoral, but possession of child pornography is a federal crime. No librarian should fear reporting child pornography to the police, but libraries that fail to report these crimes should be very afraid. Brenda Biesterfeld will get her job back, and more.”