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March 06, 2009
PA: Does any 11-year old deserve life in prison?
Pittsburgh Tribune-Review
Does any 11-year-old deserve life in prison?
By Chris Togneri
TRIBUNE-REVIEW
Saturday, February 28, 2009
Fears that someone might try to harm an 11-year-old homicide suspect prompted authorities to place extra patrols at a Beaver County detention center, tripling taxpayers' cost to house him, officials said Friday.
A week after charging Jordan Anthony Brown with killing his father's fiancee and her unborn son, authorities were still grappling with a system not accustomed to handling children so young accused of such crimes. Large questions loom: Was he capable of premeditated murder? Should he be tried as an adult? Is it inhumane to sentence kids to life in prison without parole? Why did he have access to a gun?
Brown was moved Wednesday from the Lawrence County Jail to the Allencrest juvenile center, prompting law enforcement to increase security. Kenzie Houk, 26, and the son she planned to name Christopher were buried Thursday.
Even in a facility designed for kids, Brown is the youngest inmate, Allencrest director Bob Rose said.
"We watched him a little closer when he was with the population early on, like we would with any new inmate," Rose said. "So far, so good. We look for any signs or symptoms. We are always alert to that, and we're particularly alert to that, given the nature of this offense.
"To this point, we have not seen a need to isolate him."
Police in Brighton and Beaver check the area frequently, and a sheriff's deputy guards the Allencrest perimeter around the clock, said Beaver County Solicitor Myron Sainovich. The extra security means Lawrence County is paying $4,500 a week to house Brown in Beaver County, rather than the typical $1,400.
Moving Brown to an isolated ward of the Beaver County Jail would be cheaper, Sainovich said. The jail has housed four minors since 2000.
If Brown is moved, he would be placed in an isolation cell where two guards could watch him 24 hours a day, Sainovich said. He would have access to a shower, a computer, medical care and psychological treatment. A camera would monitor his movements.
Charged with two counts of homicide as an adult, Brown is due in court March 24 for a preliminary hearing.
Brown's uncle described him as a typical 11-year-old boy who likes video games, football and dirt bikes and adores his father.
Prosecutors believe Brown was jealous of Houk and having trouble adjusting to their blended family when she and her two daughters moved in. They say he shot Houk in the head as she lay in bed at the family's rented home in New Galilee.
Dr. Paul Friday, head of clinical psychology at UPMC Shadyside, believes it's important to understand that the human brain does not fully develop until about age 25.
"Normal people know when crazy ideas are crazy," he said. "Does he understand the difference between good and bad? Yes, probably. But the chances of an 11-year-old understanding consequences in the same way he would when he is 21 is nonexistent."
If convicted as charged, Brown would face a mandatory sentence of life in prison without parole. If that happens, he could be the youngest American ever to receive such a sentence.
"We know of eight cases where 13-year-olds were sentenced to life in prison without parole, but our research shows no evidence of any children under 13, ever," said Michelle Leighton, the director of Human Rights Programs at the University of San Francisco School of Law. "He would be the youngest."
Leighton co-authored the 2008 study "Sentencing Our Children to Die in Prison," which shows the United States is the only country that sentences juveniles to life in prison without the possibility of parole. Pennsylvania has more juvenile lifers than any state.
In Pennsylvania, anyone 10 or older charged with homicide automatically starts in adult court. Defense attorneys can petition to move such cases to juvenile court. Brown's attorney, Dennis Elisco, has vowed to do so.
There is precedent for granting such a move:
• In 2007, an Elizabeth Township girl who said she fatally shot her father because he sexually abused her had her case moved to juvenile court. Last year, Rachel Booth, who was 13 when she stood over her sleeping father with a 12-gauge shotgun and shot him in the face, reached a plea deal with prosecutors allowing her to avoid jail.
• D.L. Timothy Fullum of Homewood had his case moved to juvenile court in 2004. He was 16 when he fatally stabbed his friend, Israel Cyrus, 15, during a scuffle as the two walked along a street. In juvenile court, he was convicted of voluntary manslaughter and held at a juvenile facility until he turned 21.
When Elisco petitions to transfer Brown's case, Lawrence County District Attorney John Bongivengo will have to decide whether to fight such a move.
"I have not made a decision yet," Bongivengo said. "It's something I'm definitely struggling with. Whatever decision I make, I'm probably going to be uncomfortable with it. I've got to make a decision that I can live with."
Houk's family wants Brown tried as an adult. They believe the slayings were calculated and accuse Brown of threatening to "pop" Houk and her daughters at least two months before the killing. They called him a skilled shooter who understood the consequences of pulling the trigger.
"There's no kid in him," said Jack Houk, Kenzie Houk's father.
"He was a miserable child," said Jennifer Kraner, 32, the slain woman's sister. "We tried to love him. But there was some sort of issue."
Leighton thinks it would be "morally reprehensible" to try an 11-year-old as an adult.
"This child is obviously extraordinarily disturbed and troubled -- that's evident by his actions -- but that does not make him an adult," she said. "We can't pretend that they are adults. No other country does that. It doesn't make any sense. It doesn't bring back the dead, and it doesn't help anyone."
Dr. Anthony Mannarino, director of the Center for Traumatic Stress in Children at Allegheny General Hospital in the North Side, said an 11-year-old is more likely to be impulsive than rational.
Bongivengo has said he will not pursue charges against Brown's father, Christopher Brown, for allowing the boy access to guns. But, Mannarino cautioned, mixing the unpredictability of youth with access to a firearm is a dangerous combination.
"We all have that thought of wanting to kill someone once in awhile, but as adults we think it through and we don't act on it," Mannarino said. "An 11-year-old is more likely to follow through on an emotional thought. And to give them access to a gun is really a mistake.
"That's one of the tragedies in this situation. If the kid did not have a gun, this doesn't happen."
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_613846.html
Posted by lois at March 6, 2009 10:34 PM
