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Document - USA: Further information: Transfer hearing scheduled for boy aged 13
Further Information on UA: 97/10 Index: AMR 51/062/2011 USA Date: 6 July 2011 Date: 6 July 2011
URGENT ACTION
TRANSFER HEARING SCHEDULED FOR BOY AGED 13
O n 5 August Jordan Brown will have a rare second chance to argue for his case to be transferred to juvenile court for trial. The Pennsylvania Attorney General should seize this opportunity to agree unconditionally to the transfer .
On 8 June, Jordan Brown’s lawyers met with the prosecution and the trial court judge to prepare for the hearing, ordered by the Pennsylvania Superior Court, on the issue of transferring his case to a juvenile court. It is yet to be decided whether parties will introduce new evidence or whether the hearing will be based on prior oral arguments.
According to press reports, the Senior Deputy Attorney General, Anthony Krastek, has indicated that he may consider moving the case to juvenile court on the condition that Jordan Brown admits guilt. Defense lawyers for Jordan Brown have responded in the press that the 13-year-old boy has no intention of doing so, standing by his denial of the charges for the past 25 months.
The hearing is the result of the Pennsylvania Superior Court’s decision to vacate an earlier ruling which denied Jordan Brown’s petition for transfer to juvenile court. Aged 11 at the time of the crime, he has been automatically charged for trial in an adult court, as required by Pennsylvania law for cases involving murder. He has been charged with two counts of homicide, because the victim, Kenzie Houk, was eight-and-a-half months pregnant and her unborn child also died. If tried in adult court and convicted of first-degree murder, Jordan Brown would be automatically sentenced to life imprisonment with no possibility of parole. This sentence, when imposed on anyone who was under 18 years old at the time of the crime, violates international law.
PLEASE WRITE IMMEDIATELY in English or your own language:
Explaining that you are not seeking to excuse the killing of Kenzie Houk;
Pointing out that international law prohibits life imprisonment without the possibility of parole for anyone who was under 18 years old at the time of the crime;
Calling on the prosecution to meet its international obligation to ensure that Jordan Brown is not sentenced to life imprisonment without parole;
Urging the prosecution to seize the opportunity of the hearing to agree to the transfer unconditionally and drop its pursuit of a trial in an adult court.
PLEASE SEND APPEALS BEFORE 16 AUGUST 201 1 TO:
Pennsylvania Attorney General
Linda L Kelly
Pennsylvania Office of Attorney General
16th Floor, Strawberry Square
Harrisburg, PA 17120, USA
Fax: +1 717 787 8242
Email: http://attorneygeneral.gov/contactus/ Salutation: Dear Attorney General
http://www.amnesty.org/en/library/asset/AMR51/062/2011/en/ab55aa18-14f2-4eae-bfaa-5d13f7611bb1/amr510622011en.html
Monday, July 18, 2011
Friday, July 1, 2011
Rights Denied
The following will be actual events with no distortion of the facts as they are known
Our 16 year old daughter was denied many of her rights, thus leading to a murder conviction for which she will be sentenced soon .
According to due process of law. Regardless of
the charge,juveniles do have rights that differ from adults,
and MUST BE APPLIED when taken into custody,and through of the judicial process,otherwise the system will fail( which it has) and democracy will inevitably cease to exist.
When She was first picked up by police,and taken into custody, she was not allowed 2 completed phone calls within one hour.(Welfare & Institutions Code 627).Her father went to the police station and was told he could not see her
(Penal Code 120.6).
Her 14th Amendment Rights were violated because she was denied counsel (her Father) during questioning. She was not mentally evaluated, and had very little knowledge of the criminal justice system (Wel.& Institutions Code 30.23).
Mental condition is a very important issue according to Evidence Code 1016a. A 16 year old girl should not be alone with adult male police detectives for questioning because it infringes on the 5th ,6th,& 14th Amendments of the Constitution concerning due process.
Failure of telling her that her father
was there is a direct violation of Wel. & Inst. Code30.11). It is still unclear what probable cause initiated her to be taken into custody(Penal Code 995). Her deprivation of rights and privileges is a violation of U.S. Code 14141a. All of these violations occurred
during her 1st hours of custody.
(Wel.&Inst. Code 627.5)The minor AND parent to be immediately advised that any thing the minor says will be used against him or her, and to be advised of the presence of counsel during interrogation.
(Title 28 United States Code 1343 Provided A Federal court Forum In Which Citizens Can Seek Redress From The Deprivation Of Rights.
Our 16 year old daughter was denied many of her rights, thus leading to a murder conviction for which she will be sentenced soon .
According to due process of law. Regardless of
the charge,juveniles do have rights that differ from adults,
and MUST BE APPLIED when taken into custody,and through of the judicial process,otherwise the system will fail( which it has) and democracy will inevitably cease to exist.
When She was first picked up by police,and taken into custody, she was not allowed 2 completed phone calls within one hour.(Welfare & Institutions Code 627).Her father went to the police station and was told he could not see her
(Penal Code 120.6).
Her 14th Amendment Rights were violated because she was denied counsel (her Father) during questioning. She was not mentally evaluated, and had very little knowledge of the criminal justice system (Wel.& Institutions Code 30.23).
Mental condition is a very important issue according to Evidence Code 1016a. A 16 year old girl should not be alone with adult male police detectives for questioning because it infringes on the 5th ,6th,& 14th Amendments of the Constitution concerning due process.
Failure of telling her that her father
was there is a direct violation of Wel. & Inst. Code30.11). It is still unclear what probable cause initiated her to be taken into custody(Penal Code 995). Her deprivation of rights and privileges is a violation of U.S. Code 14141a. All of these violations occurred
during her 1st hours of custody.
(Wel.&Inst. Code 627.5)The minor AND parent to be immediately advised that any thing the minor says will be used against him or her, and to be advised of the presence of counsel during interrogation.
(Title 28 United States Code 1343 Provided A Federal court Forum In Which Citizens Can Seek Redress From The Deprivation Of Rights.
Wednesday, June 22, 2011
Uphold 13-year-old Jordan Brown's Constitutional Rights.
http://www.digitaljournal.com/article/308203
Petition asks attorney general to uphold Jordan Brown's rights
A new petition asks Pennsylvania Attorney General Linda Kelly to uphold 13-year-old Jordan Brown's constitutional rights.
The petition, which is duplicated on two separate websites, outlines the ways in which Jordan Brown's constitutional rights have been violated since his introduction into the American justice system over two years ago. Earlier this year, the Pennsylvania Superior Court overheard arguments that Judge Motto failed to recognize Jordan's Fifth Amendment right regarding self-incrimination when he refused to waive the child's case to juvenile court on the grounds that Jordan had not confessed to the murders of Kenzie Houk and her unborn son. Jordan has maintained his innocence since his arrest in 2009 when he was 11 years old.
Read more: http://www.digitaljournal.com/article/308203#ixzz1PzF2GFf6
Petition asks attorney general to uphold Jordan Brown's rights
A new petition asks Pennsylvania Attorney General Linda Kelly to uphold 13-year-old Jordan Brown's constitutional rights.
The petition, which is duplicated on two separate websites, outlines the ways in which Jordan Brown's constitutional rights have been violated since his introduction into the American justice system over two years ago. Earlier this year, the Pennsylvania Superior Court overheard arguments that Judge Motto failed to recognize Jordan's Fifth Amendment right regarding self-incrimination when he refused to waive the child's case to juvenile court on the grounds that Jordan had not confessed to the murders of Kenzie Houk and her unborn son. Jordan has maintained his innocence since his arrest in 2009 when he was 11 years old.
Read more: http://www.digitaljournal.com/article/308203#ixzz1PzF2GFf6
Sunday, June 19, 2011
I Don’t Wish Nobody to Have a Life Like Mine
I Don’t Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup (Beacon Press) is a collection of sketches of some of the locked away teenagers I taught over my ten years working in an adult county prison. My writing has appeared in the New York Times, Mother Jones and Education Next as well as many literary and scholarly journals and anthologies. I am a regular contributor on education and criminal justice for Huffington Post and Daily Kos.
I have done readings and led discussions on juvenile justice and kids at risk at community gatherings, libraries and churches as well at professional conferences. I have also spoken in various college and university classes on a wide variety of topics in the field of criminal justice and education. I am available for readings and for speaking engagements on these important topics. I can be contacted at davidchura2@gmail.com.
“I Don’t Wish Nobody to Have a Life Like Mine: Kids in Adult Loockup” Receives Award and Recognition
I Don’t Wish Nobody to Have a Life Like Mine has won a 2010 PASS Award from the National Council on Crime and Delinquency. The award is given to works that focus “America’s attention on the complex problems of the criminal and juvenile justice systems and child welfare.” The Council itself does important advocacy work and I appreciate their recognition.
I have done readings and led discussions on juvenile justice and kids at risk at community gatherings, libraries and churches as well at professional conferences. I have also spoken in various college and university classes on a wide variety of topics in the field of criminal justice and education. I am available for readings and for speaking engagements on these important topics. I can be contacted at davidchura2@gmail.com.
“I Don’t Wish Nobody to Have a Life Like Mine: Kids in Adult Loockup” Receives Award and Recognition
I Don’t Wish Nobody to Have a Life Like Mine has won a 2010 PASS Award from the National Council on Crime and Delinquency. The award is given to works that focus “America’s attention on the complex problems of the criminal and juvenile justice systems and child welfare.” The Council itself does important advocacy work and I appreciate their recognition.
Tuesday, June 14, 2011
5 Year Old May Be Charged With Murder
Kansas girl, 5, may face murder charges in drowning
By Kevin Murphy Kevin Murphy – Thu Jun 9, 2:54 pm ET
KANSAS CITY, Missouri (Reuters) – A 5-year-old girl could face murder charges in the recent drowning of a toddler in a bathtub, police said on Thursday.
Kansas City police are waiting for a medical examiner's report on how Jermane Johnson Jr., died, but have investigated the death as a homicide, spokesman Darin Snapp said Thursday.
"I've been in law enforcement for 20 years and it's the youngest suspect I can remember," Snapp said. "It's extremely rare."
Johnson, 18 months old, was in a Kansas City house on June 3rd with other children, but the 16-year-old girl who was supposed to be looking after them fell asleep, Snapp said.
Investigators learned through interviews that a 5-year-old girl in the house got irritated at the boy, Snapp said.
"She said she got angry because he would not stop crying and she held him under the water until he stopped crying," Snapp said.
Snapp said a decision on to handle the case will be left up to prosecutors after the medical examiner's report is released.
(Editing by James B. Kelleher and Peter Bohan)
http://news.yahoo.com/s/nm/20110609/us_nm/us_kansas_drowning_charge
By Kevin Murphy Kevin Murphy – Thu Jun 9, 2:54 pm ET
KANSAS CITY, Missouri (Reuters) – A 5-year-old girl could face murder charges in the recent drowning of a toddler in a bathtub, police said on Thursday.
Kansas City police are waiting for a medical examiner's report on how Jermane Johnson Jr., died, but have investigated the death as a homicide, spokesman Darin Snapp said Thursday.
"I've been in law enforcement for 20 years and it's the youngest suspect I can remember," Snapp said. "It's extremely rare."
Johnson, 18 months old, was in a Kansas City house on June 3rd with other children, but the 16-year-old girl who was supposed to be looking after them fell asleep, Snapp said.
Investigators learned through interviews that a 5-year-old girl in the house got irritated at the boy, Snapp said.
"She said she got angry because he would not stop crying and she held him under the water until he stopped crying," Snapp said.
Snapp said a decision on to handle the case will be left up to prosecutors after the medical examiner's report is released.
(Editing by James B. Kelleher and Peter Bohan)
http://news.yahoo.com/s/nm/20110609/us_nm/us_kansas_drowning_charge
Thursday, June 9, 2011
Age 12 Charged As Adult:
Boy accused of murder held in isolation
Published: June 7, 2011 at 10:33 AM
JACKSONVILLE, Fla., June 7 (UPI) -- A Florida boy, 12, charged as an adult with
first-degree murder and held in isolation, should be moved back to a juvenile
facility, his lawyer said.
Cristian Fernandez lives in a 30-square-foot cell in the Duval County Jail in
Jacksonville, The (Jacksonville) Florida Times-Union reported Tuesday.
Fernandez was indicted by a grand jury for the March 14 beating death of his
2-year-old half-brother, David Gallariago.
He is the youngest person in the city's history to be charged with first-degree
murder, the Times-Union reported.
If found guilty, Fernandez faces a sentence of life in prison with no chance for
parole, the Juvenile Justice Information Exchange at Kennesaw State University
in Kennesaw, Ga., reported.
Fernandez is in isolation because his age and the high-profile nature of his
case forces the jail to keep him away from other juveniles, jail chief Tara
Wildes said.
Fernandez's lawyer, Assistant Public Defender Rob Mason, said he wants the boy
to be sent back to the juvenile facility where he was held for several months
since the toddler's slaying.
"He's done well there and developed a good relationship with his mental health
counselor," he said.
The prosecutor, Assistant State Attorney Mark Caliel, said juveniles must be
treated as adults when facing adult charges, adding that safety at the juvenile
facility is an issue.
"If I were the parents of a kid charged with petty theft, I would be outraged if
someone charged with first-degree murder were there right beside them," Caliel
said.
Fernandez is scheduled for arraignment Wednesday.
© 2011 United Press International, Inc
Read more:
http://www.upi.com/Top_News/US/2011/06/07/Boy-accused-of-murder-held-in-isolatio\
n/UPI-81181307457203/#ixzz1OcTnxoBt
Published: June 7, 2011 at 10:33 AM
JACKSONVILLE, Fla., June 7 (UPI) -- A Florida boy, 12, charged as an adult with
first-degree murder and held in isolation, should be moved back to a juvenile
facility, his lawyer said.
Cristian Fernandez lives in a 30-square-foot cell in the Duval County Jail in
Jacksonville, The (Jacksonville) Florida Times-Union reported Tuesday.
Fernandez was indicted by a grand jury for the March 14 beating death of his
2-year-old half-brother, David Gallariago.
He is the youngest person in the city's history to be charged with first-degree
murder, the Times-Union reported.
If found guilty, Fernandez faces a sentence of life in prison with no chance for
parole, the Juvenile Justice Information Exchange at Kennesaw State University
in Kennesaw, Ga., reported.
Fernandez is in isolation because his age and the high-profile nature of his
case forces the jail to keep him away from other juveniles, jail chief Tara
Wildes said.
Fernandez's lawyer, Assistant Public Defender Rob Mason, said he wants the boy
to be sent back to the juvenile facility where he was held for several months
since the toddler's slaying.
"He's done well there and developed a good relationship with his mental health
counselor," he said.
The prosecutor, Assistant State Attorney Mark Caliel, said juveniles must be
treated as adults when facing adult charges, adding that safety at the juvenile
facility is an issue.
"If I were the parents of a kid charged with petty theft, I would be outraged if
someone charged with first-degree murder were there right beside them," Caliel
said.
Fernandez is scheduled for arraignment Wednesday.
© 2011 United Press International, Inc
Read more:
http://www.upi.com/Top_News/US/2011/06/07/Boy-accused-of-murder-held-in-isolatio\
n/UPI-81181307457203/#ixzz1OcTnxoBt
Friday, June 3, 2011
Entering The Court Room In Orange And Wearing Chains
As I enter the courtroom in Orange and in Chains
>> I lower my head and I begin to pray~
>> I ask God up above to soften hearts and minds,
>> especially of the Da who seems intent on stealing my young life.
>> I look up at the judge and pled with my eyes
>> please see past the wicked Da and cops filled with lies.
>> They look at my parents looking aged and depressed,
>> but they only smirk at our eyes filled with stress..
>> It's so plain to see,as clear as daylight
>> that the system is crooked and far from being right
>> For 6 years now we've tried and we've cried
>> but we haven't given up, nor will we pause our fight.~
>> I lost my first trial, Never expected to lose
>> When I wasn't set free, the hurt bypasted the blues.
>> I toss and I turn on my bunk every night
>> I cry out loud to God to save my innocent life.
>> I can't stand this any longer, and my parents need peace.
>> The lord is my judge,yet the county holds the keys/
>> I've had so many ups and downs,even given up hope.
>> I have even yelled at God at times I couldn't cope.
>> Letters we write, and make call after call,but
>> without a dimne to our name we continue to fall
>> My last lawyer gave up at the very end,
>> It almost cost my life the way he gave in.
>> but the lord heard our prayers and gave us another chance
>> we pray~ to the wrongs into right.
>> I must keep trying to beat this.
>> I cann't simply give in,So many dreams will come true
>> If this trial I can win.
>> I'll go home,get a job, go to the movies,I'll walk and I'll swim,
>> I'll fight for those people lost inside like I was
>> Forced to ride chained and cold to court on a bus.
>> The deputies here degrade us, and constantly yell
>> look at us with wrinkled faces as if we all smell,
>> hardly let us girls out we stay locked in our cells
>> We can not complain or get any help, there are bullies
>> that will retaliate against us if we tell.
>> I must make it home,and start from scratch
>> Lord please help me put this nightmare in the past
Written By Amber Riley
>> I lower my head and I begin to pray~
>> I ask God up above to soften hearts and minds,
>> especially of the Da who seems intent on stealing my young life.
>> I look up at the judge and pled with my eyes
>> please see past the wicked Da and cops filled with lies.
>> They look at my parents looking aged and depressed,
>> but they only smirk at our eyes filled with stress..
>> It's so plain to see,as clear as daylight
>> that the system is crooked and far from being right
>> For 6 years now we've tried and we've cried
>> but we haven't given up, nor will we pause our fight.~
>> I lost my first trial, Never expected to lose
>> When I wasn't set free, the hurt bypasted the blues.
>> I toss and I turn on my bunk every night
>> I cry out loud to God to save my innocent life.
>> I can't stand this any longer, and my parents need peace.
>> The lord is my judge,yet the county holds the keys/
>> I've had so many ups and downs,even given up hope.
>> I have even yelled at God at times I couldn't cope.
>> Letters we write, and make call after call,but
>> without a dimne to our name we continue to fall
>> My last lawyer gave up at the very end,
>> It almost cost my life the way he gave in.
>> but the lord heard our prayers and gave us another chance
>> we pray~ to the wrongs into right.
>> I must keep trying to beat this.
>> I cann't simply give in,So many dreams will come true
>> If this trial I can win.
>> I'll go home,get a job, go to the movies,I'll walk and I'll swim,
>> I'll fight for those people lost inside like I was
>> Forced to ride chained and cold to court on a bus.
>> The deputies here degrade us, and constantly yell
>> look at us with wrinkled faces as if we all smell,
>> hardly let us girls out we stay locked in our cells
>> We can not complain or get any help, there are bullies
>> that will retaliate against us if we tell.
>> I must make it home,and start from scratch
>> Lord please help me put this nightmare in the past
Written By Amber Riley
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