A Philadelphia forensic psychiatrist who examined a 12-year-old Lawrence County boy charged with killing his father's pregnant fiance will share his findings with a judge today during a hearing to determine whether the boy will be tried as a juvenile or an adult.
John S. O'Brien II interviewed Jordan Brown several weeks ago and "has some questions with the methodology that has been used by the defense in this case," said Senior Deputy Attorney General Anthony J. Krastek.
Defense attorneys Dennis A. Elisco and David Acker must prove that Jordan, who was 11 when he was charged with two counts of homicide last February, would be "amenable for juvenile treatment" for the case to be moved to juvenile court.
If tried and convicted of first-degree murder in adult court, experts say he would become the youngest person in the country to serve a mandatory life sentence in prison without parole. If found delinquent in juvenile court, the state could not hold him beyond his 21st birthday.
Dr. O'Brien, who is known, among other work, for his evaluation of convicted murderers who challenged their sentences, will "speak to what you really need to even consider whether someone is amenable for juvenile treatment," Mr. Krastek said.
Prosecutors say the fifth-grader used a 20-gauge shotgun to kill Kenzie Houk, 26, as she slept in their New Beaver farmhouse in February 2008.
Today's hearing is a continuation of one held in January, when President Judge Dominick Motto heard more than four hours of arguments from defense witnesses -- a psychologist, counselors, probation officers and friends -- who said Jordan is an average, well-behaved pre-teen who would benefit from juvenile treatment if he is found delinquent of the crime.
It also promises to be the next emotional turn in a case that has captured national attention and divided two families.
Though he declined to comment for this story, Jordan's father, Christopher Brown, proclaimed his son's innocence on Thursday on "Good Morning America," saying he believes Jordan comprehends what he is accused of, "but he doesn't appreciate the magnitude of it. He's simply too young."
The interview included footage of Jordan playing Pee Wee football and sitting on Santa's lap. Mr. Brown said his son "looked like a baby in an orange jumpsuit in an adult jail."
"This is the case of a nine-months pregnant woman lying on her bed being shot in the back of the head, and the evidence so far has twice met the requisite burdens to continue this case against Jordan Brown," Mr. Krastek said. "It isn't like we just picked him out of the clear blue sky."
He said he will likely call a state trooper today to testify about evidence in the crime, which includes lab tests that revealed gunshot residue on Jordan's clothing.
Mr. Krastek said defense psychologist Kirk Heilbrun was "hopeful but vague" in his January testimony about what rehabilitation the boy would need if he is found guilty or delinquent. Dr. Heilbrun testified that Jordan told him he did not kill Ms. Houk.
"If you're presuming the innocence of this child because he said he didn't do it, then he's no different than you and me, and what treatment do we need?" Mr. Krastek said. "If you consider this child committed an execution-style killing, then clearly there's more treatment that would have to be done."
The boy is being held in the Edmund L. Thomas Adolescent Detention Center in Erie.
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