Updated: 4:34 p.m. Friday, March 12, 2010 | Posted: 8:14 a.m. Friday, March 12, 2010
NEW CASTLE, Pa. —
A judge must now weigh that in deciding whether Jordan Brown, now 12, will be tried as an adult or have his case moved to juvenile court.
Brown faces up to life in prison if he's convicted of the Feb. 20, 2009, slaying of 26-year-old Kenzie Houk and her nearly full-term son as she lay in bed in their New Galilee farmhouse. If the case is moved to juvenile court, the longest Brown could remain incarcerated or on probation would be about nine years -- until he's 21.
To move the case under Pennsylvania law, Brown's attorneys must prove he would be more "amenable" to rehabilitation in the juvenile system.
Dr. John O'Brien, hired by state prosecutors, said Brown's "amenability to rehabilitation, in my opinion, is very limited."
The psychiatrist based that opinion on testimony from a March 24 preliminary hearing, records and interviews with staff at the Erie juvenile detention center where Brown is being held, and an interview with the boy last month, among other things.
O'Brien said Brown is "avoidant" and "evasive" when asked about the killings and denies all responsibility for them.
O'Brien said the boy is "not forthcoming," "harbors resentments" and carries "a lot of negative feelings in him that he won't reveal."
Brown was jealous of the son of his father's girlfriend before Houk, O'Brien said. And Brown may have resented plans to make him move out of his room to make space for the son Houk was expecting, O'Brien said.
Deborah Houk, the victim's mother, rejected jealousy as a motive, saying after the hearing that Brown was simply "evil."
"He's not admitting it but, if he did, it would be a lot easier on everybody," her husband, Jack Houk, said.
That's the main reason O'Brien said he fears Brown can't be rehabilitated as a juvenile.
"You're not even able to take the first step because the kid ... doesn't take responsibility for what they did," O'Brien said.
But Brown's attorneys argue that's precisely why O'Brien's opinion is flawed: the doctor assumes Jordan committed the crime. A defense expert who testified in January said Brown was a "low risk" of future violent behavior, but didn't consider the criminal allegations in reaching that conclusion.
After the hearing, defense attorney David Acker repeated allegations recently raised by Brown's family that Houk has an ex-boyfriend who threatened her and supposedly "confessed" to friends at a party that he killed her. Brown's family contends police botched the case, overlooked other suspects, and wrongly charged the boy.
His father, Christopher, told Good Morning America earlier this week that his son is innocent and is "too young" to appreciate the magnitude of the case. He refused comment as he left the courtroom.
"Any attempt to treat an 11-year-old as an adult, to put him away for life, is wrong," Acker said.
Deputy Attorney General Anthony Krastek dismissed claims that someone else killed Houk, saying other adults -- including Christopher Brown and Houk's ex-boyfriends -- were ruled out by physical evidence or alibis.
"We don't have an active investigation, we have an active prosecution," Krastek said.
Attempts by Brown's friends and family to paint him as wrongly accused are actually hurting the chance of moving the case to juvenile court, Krastek said. That's because the boy can't be rehabilitated -- making the case for trying him in adult court stronger -- unless he acknowledges the crime.
"Our hands are tied when you have a completely avoidant personality and a support system that ratifies it," Krastek said.
Lawrence County Judge Dominick Motto gave both sides a week to submit written arguments. Motto must rule within 20 days -- otherwise Brown will remain in adult court by default -- making the deadline April 1.
Previous Stories: February 4, 2010: 'Adult' Hearing Set For March In Slaying Case For Boy, 12 December 22, 2009: Incoming DA Can't Try Boy, 12, In Pregnant Slaying August 27, 2009: Attorney For Murder Suspect, 11, Argues For Dismissal Of Case
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