Court Upholds Second Chance at Justice for Pennsylvania Youth

AddThis Social Bookmark Button

Pennsylvania Superior Court’s recent ruling vacating a lower court’s decision, may just grant Jordan Brown, the Pennsylvania 12 year old convicted of murdering his father’s fiancée and her unborn child, a desperately needed second chance at justice.

The May 2013 decision, which reversed the delinquency (guilty) conviction, has been upheld as of July 25, against petition to reargue the case from the Pennsylvania Attorney General, Kathleen Kane.

The Superior Court ruling reversed the decision of Juvenile Judge John Hodges, of Lawrence County Pennsylvania, stating “the juvenile court committed a palpable abuse of discretion in rendering a ruling that is plainly contrary to the evidence”

According to Pennsylvania law, in the event of a homicide the person, no matter the age, must be charged with murder. In this case, the death of the unborn child, resulting from the death of the mother, the predicate act, mandated the second homicide charge.

Brown, who at age 11, received a youth model 20 gauge shotgun as a gift, reportedly shot Kenzi Marie Houk, 26, on February 20, 2009, at point blank range, while she slept in the family home. Her unborn child died of oxygen deprivation.

After Brown’s arrest Judge Dominick Motto, ruled the then 11 year old should be tried as an adult. This decision was overturned on appeal, and the case was then remanded to Juvenile Judge John Hodges.

On Friday, April 13, 2012, after three days of testimony and four years after the murders, Jordan Brown was found, delinquent, essentially guilty and singularly responsible, under Pennsylvania law for the death of Hock and her unborn child. Initially, Brown had been sentenced to life without the possibility of parole.

According to Pennsylvania Firearms law, the minimum age to possess a firearm is 18. The law holds two exceptions that being “under supervision of a parent, grandparent, legal guardian, or an adult acting with the expressed consent of the minor’s parent or legal guardian and involved in lawful activity.” The second exception is if “the minor is lawfully involved in hunting or trapping activities.”

Brown was unsupervised, under 18, not involved in hunting and trapping and it was unclear if the firearm was registered. The weapon was not safely stored, out of reach from him and other minors in the home.  As the juvenile preceding was closed and sealed, the mental state, at the time, and condition of the then 11 year was never questioned or revealed.

Brown had been in custody throughout the entire four years, leading up to trial, violating his Sixth Amendment rights to a speedy and public trial.  

The case, which gathered international media attention, was championed by the international watchdog agency Amnesty International who stated, “The USA and Somalia are the only countries in the world that have not ratified the UN Convention in the Rights of the Child which prohibits life imprisonment without the possibility of release for crimes committed before the age of eighteen.”

Susan Lee, Amnesty International’s director for the Americas also added, “Putting a child as young as Jordan Brown as risk of life in prison with no chance of parole is inconsistent with international human rights obligation.”

After years of legal maneuvering and despite the rapidly changing legal horizon Jordan Brown, now 16, remains in a juvenile facility.

 

линолеум одесса
онлайн аптека киев
candy bar киев

 

Haute Tease

  • East Berliner, Lia Rox Releases Her Controversial New Single "Hound;" Official Remix Debuts Second Behind Katy Perry

    AddThis Social Bookmark Button

    Lia Rox releases her stunning single 'Hound', accompanied by an astonishing and controversial horror film influenced video, which shows her sophisticated undertone of pop blends with a touch of electro and soul and is available for streaming/download.

     
  • Kino Lorber Opens Yuri Ancarani’s THE CHALLENGE Opens September 8, 2017

    AddThis Social Bookmark Button

    Kino Lorber is proud to announce the New York theatrical premiere of Yuri Ancarani’s award-winning documentary THE CHALLENGE, now set to open Friday, September 8, 2017, at Film Society of Lincoln Center with a national expansion to follow.

     
  • Jade Mountain Resort, in Luxurious Saint Lucia, Adds Interactive Chocolate Laboratory

    AddThis Social Bookmark Button

    Jade Mountain Resort,a combination vacation destination, nestled in the exotic, tropical, setting of coastal St. Lucia,  boasts over 1000 cocoa trees and remains Saint Lucia's only bean to bar, organic, single estate boutique interactive chocolate maker. 

     
  • ALLIED, Robert Zemeckis’ Intense WWII Thriller Starring Brad Pitt and Marion Cotillard, Comes to Home Media

    AddThis Social Bookmark Button

    Hailed as “gripping, powerful, and epic ” (Scott Mantz, “Access Hollywood”) Academy Award®-winning* director Robert Zemeckis’ (Forrest Gump, Cast Away) seductive thriller ALLIED makes its home entertainment debut on 4K Ultra HD, Blu-ray, DVD and On Demand February 28, 2017 from Paramount Home Media Distribution.  

  • Central Italy Hit By 6.2 Earthquake; Kills 39; At least 10 Children Among the Dead

    AddThis Social Bookmark Button

    A powerful 6.2 earthquake struck the central Italian town of Amatrice, Wednesday, killing at least 39, and leaving thousands buried under the debris of collapsed buildings and rubble as first responders race against the clock to save residents.

     
  • Submarine Deluxe Acquires “Casting By” Directed by Tom Donahue; Will Release Theatrically in November and Launch Academy Campaign

    AddThis Social Bookmark Button

    September 26, 2013 - Submarine Deluxe announced today the acquisition of theatrical rights in the USA to CASTING BY - a film by Tom Donahue. The deal was negotiated by Dan Braun & David Koh of Submarine Deluxe along with CreativeChaos vmg.

     
  • La Jolla’s Café la Rue Review - Restaurant Rightly Reimagined

    AddThis Social Bookmark Button

    Have a longing for European fare but can't fit a trip across the pond into your schedule? No problem. A visit to the recently re-launched Café la Rue, nestled in the heart of San Diego's La Jolla Cove, will more than satisfy.