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Judge to rule whether teen is tried as adult or juvenile
NEW CASTLE, Pa.
Lawyers for both sides now wait for Lawrence County Common Pleas Judge Dominick Motto to rule on whether Jordan Brown will be tried as a juvenile or as an adult in the February 2009 murder of his father’s fianc e and her unborn child.
After a hearing Friday that included no new testimony but only brief statements by lawyers for both sides, Judge Motto took the matter under advisement and said he would rule later.
Judge Motto agreed Friday to consider the record of the hearing that already took place in March 2010, but to eliminate from consideration all testimony by Dr. John S. O’Brien II. The Philadelphia psychologist and lawyer and prosecution witness had testified that Jordan was not amenable to rehabilitation because he would not admit guilt. After the 2010 hearing, Judge Motto had ruled that Jordan was not amenable to rehabilitation and should be tried as an adult. But he was overruled in March 2011 by State Superior Court, which said this violated Jordan’s right against self-incrimination. The case now has been returned to Lawrence County for Judge Motto to again consider whether Jordan will be tried as a juvenile or adult.
Jordan, who will turn 14 this month, remains in the Edmund L. Thomas Adolescent Detention Center in Erie where he has been since shortly after his arrest. He did not appear in court for Friday’s hearing. Atty. David Acker, who, along with Atty. Dennis Elisco, is defending Jordan, said it was not necessary for Jordan to be present because no additional testimony was being offered.
In a brief statement, Acker said Jordan is a “proper and appropriate candidate for the juvenile system” and pointed to Jordan’s good behavior since his arrest as demonstrating the boy’s willingness to work with the juvenile system.
But Pennsylvania Deputy Attorney General Anthony Krastek, who is prosecuting the case, said that in making the decision, the court “can’t just forget about the child’s culpabilities for the horrific nature of the crime” and whether Jordan is amenable to rehabilitation in these circumstances. He said the issue is more than whether Jordan is behaving well in custody. He said the question is what kind of treatment is sufficient if Jordan is guilty of the killings. “You have to show some kind of plan that would address what happened here,” he said after the hearing.
He added that the prosecution has decided to rest on the record instead of calling in another expert witness to replace O’Brien. He pointed out that the burden of proof is on the defense and added, “Our position is that you can’t simply ignore the evidence or facts in this case.”
Acker said he visited Jordan three weeks ago in Erie and that he is happy with his client’s growth and progress. He said the boy is allowed to watch television, read books and play games but rarely goes outside because of a lack of staffing at the facility.
If convicted as an adult, Jordan could be the youngest person in the nation to be sentenced to serve a mandatory life sentence without parole. If tried as a juvenile, however, he could be held only until age 21.
Jordan was an 11-year-old fifth-grader when he was charged with the shotgun slaying of his father’s pregnant fianc e as she lay in bed at the New Galilee farmhouse where they lived. He is accused of killing 26-year-old Kenzie Houk and his unborn half brother and then getting on the school bus and going to school.