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December 1, 2008 Deal offered in Arizona case is no dealPosted: 12:47 PM ET
NEW YORK–Just before Thanksgiving last week, an Arizona prosecutor and defense attorney squared off in legal filings regarding the eight-year-old boy accused of killing his father and his father’s friend. I’ve read these court filings, and they reveal what’s really going on in this case. First, the bad news: it looks like the prosecutor is playing games with the legal rights of this child. The state is asking the judge’s approval to dismiss one of the two murder charges against the boy, in an effort to hold it back, probably until the boy turns 15 and can then be tried as an adult. This changes the boy’s potential sentence from a stay in juvenile detention until the age of 18 to life in prison without the possibility of parole. No matter when he’s tried, the boy was eight years old when this crime happened. In my view it is barbaric to try him as an adult now, when he’s 15, or ever. But there was one ray of hope I saw in the file: the court’s quiet appointment of a psychologist to administer a competency evaluation to the boy. If the child is not able to understand his rights or the consequences of his decisions, and cannot meaningfully participate in his defense, he’ll be deemed incompetent to stand trial. If he remains incompetent after eight months, the charges must be dismissed, with prejudice. I don’t believe any third grader is competent to stand trial, which is why the rest of the civilized world would never charge a child this young. Let’s hope the psych report leads to a dismissal of this case, and then we can focus on the real problem here: gun laws so lax that parents are not required to keep loaded weapons out of the hands of little kids. –Lisa Bloom, In Session anchor Filed under: Uncategorized |
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