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December 1, 2008

Deal offered in Arizona case is no deal

Posted: 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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Suzy   December 1st, 2008 2:20 pm ET

This child should be put away for the rest of his life..At 8yrs he kills two people...just think how many he will kill by the time he turns 16. He knew what he was doing!!!!!

LONNIE   December 1st, 2008 7:54 pm ET

This kid needs to be locked up in Juvenile Hall until he is 18, then transferred to an adult prison for the rest of his life with no parole. He was competent enough to load the rifle, aim it and kill 2 people. So Lisa, what exactly didn't he understand about his actions???

nana g   December 1st, 2008 8:38 pm ET

This child is guilty. He knew what he was doing and planned his response for some time. I never want this kid on the streets.

Doug   December 2nd, 2008 11:17 am ET

Yes, yes, by all means. Lock him up for life. And don't wait to put him in to the general population in prison, as he's already way beyond any possible hope of rehabilitation, being 8 years old already and everything. How intolerant and pathetic a society we have become when we would seek to jail an 8 year old for life for a crime he couldn't possibly have been mentally competent to fully understand given his stage of psychological development. Sad, really. Perhaps Suzy would be willing to pay more taxes and build a new prison in her neighborhood to house the influx of prisoners she has deemed beyond rehabilitation...

ly   December 2nd, 2008 11:42 am ET

As to the statement: "gun laws so lax that parents are not required to keep loaded weapons out of the hands of little kids" so if there was one who you gonna punish in this case???? the dead dad?

James Dale   December 2nd, 2008 11:46 am ET

How pitiful, that people want to dump on the kid. You want to talk responsibility; parents, teachers, neighbors, and society has a hand in it. Raise a puppy in it in a dog eat dog situation and you will have a vicious animal; people standing on the sidelines have more responsibility than the puppy or a child

wolfgang   December 2nd, 2008 12:42 pm ET

why should this boy put away for the rest of his live ? children and special children of this young age can change their mind with some help! but you have to start now with it. Each day in a cell will make it more worse. I´m pretty sure, if he get the help he need and a lot more love , he can be once a god citizen of the community.
And by the way, he is still not proven guilty !!!!!
I hope the boy can get home as soon as possible. Children of this age in a cell whatever juvenile detention or another cell, is in my eyes child abuse.
To hold one charge bag for later is another, as Lisa write, barbaric action. Yes when he is 15 he will understand all the consequences, if he had done this. But then, when he know about the consequences, I thing he normally wouldn´t do the shootings anymore. but in the age of eight, a kid normally don´t know about the consequences what can happened to him. Waiting until he knows what can happened to the boy, and prosecute him for a crime he has done when he didn´t know what can happened is stupid and yes – barbaric.
I´m happy to live in a country where no kid´s are in prison, and where they cant´s get in prison! And I´m happy that we haven't any juvenile detention center.

pitchin   December 2nd, 2008 12:56 pm ET

Are you kidding? At what age do you begin counting? And at what age do figure out spankings are so bad that they need to be counted? Do you really think that he got the idea all by himself to kill someone after the 1000th spanking? If so, then let's figure that if you begin to count the spankings at the age of five, that is approximately 27.78 spanking a month for about three years. At what point would you break (even as an adult if your husband/wife beat you monthly for that amount of time)? Let's get real!!! The child needs help and AZ definitely needs revised gun laws. Without access to a gun, no shooting!

Christina   December 2nd, 2008 1:13 pm ET

Are you kidding me....lock him away for the rest of his life? Seriously...he is 8 years old and only he knows what abuse or whatever he had to endure that would make him want to kill his father. Do all of you honestly think an eight year old boy would just wake up some day and decide to kill his father? Something prompted him.....at 8, he doesn't have the mentality to even comprehend what he has done. I dont think locking this kid away at the tax payers expense is the best thing for him or society. Rehabilitate him....he's worth it!!!

american mom...   December 2nd, 2008 1:50 pm ET

Ms. Bloom...please keep a watch on this 8 yr old boy's case, please! It just looks and feels like there is possibly more everything to this whole story than being disclosed. It is a very sad day in our society when we "throw our children to the wolves". It seems shock and continued sadness is what many are seeing in this child's just and fair due process of law looking like? Not to mention the heart- breaking societal ramifications present here. ...I am positive our fore fathers did not give their lives for this country to get to this current ... boy's plight.
In addition, I hope maybe Michelle Obama, our first lady elect, mom and attorney is watching this boy's case.

James   December 2nd, 2008 2:10 pm ET

Kill 2 people, go to jail, it's really that simple people!

gigi   December 2nd, 2008 4:00 pm ET

To suzie, nana g, and doug:
I seriously hope none of you have access to any children! I am a mother of 4 and work at a law office which happens to deal with criminal cases. Are all of you ignorant as to the rights we all are given under the constitution? This child, guilty or not , was intitled to have representation or someone with the mentality higher than a 3rd grader to be present during all of the interogations. Did any of you hear the videotape? He never volentarily gave any confession! He first stated he found them dead, it was until prompted by the police that he agreed that he shot his dad because he was suffering. Who do you think would put in a child head that you kill something that is suffering! That is a learned response! He gave no detailed accounting of any killings prior to finding his dad suffering! I only hope that one day one of you is accused of something you may not have done and you are denied the right to have counsel or any assistance in your defense! INNOCENT UNTIL PROVEN GUILY! None of you have the right to pre judge this child until the system allows for it! The bottom line is he is not of consenting age and the police over stepped their bounds more than once. First, by the interrogation of a minor without giving him his rights or simply contacting his mother. Second, the release of the tapes is completly wrong. Third, withholding the charges just so they can put him in prison longer! What happened to rehabilitation. If this the way our justice system is going to work than we might as well give up on a trial and just convict just because we want to!

Vegas   December 2nd, 2008 6:08 pm ET

pitchin
AZ definitely needs revised gun laws. Without access to a gun, no shooting!

Really? Drugs aren't legal... however not hard to get... personal responsibility is key here... and the Dad was to blame for not securing his firearms... the 8 year old couldn't buy a gun... so in this case the law worked... the Dad however was not responsible... but I think he paid more than enough for that.

Kid   December 2nd, 2008 6:58 pm ET

Please Lisa! Don't use this terrible tradgedy to drag your personal views on gun laws into the spotlight. You really think that tighter gun laws would have any effect on the outcome of this aweful event? Well if so you're wrong! I don't think this boy should spend the rest of his life in prison but he definately needs some serious help! He's just too young to understand the reprecutions of his actions.

Tammy   December 3rd, 2008 12:46 am ET

Get The Child help. But he is still guilty and needs to face the jail time. Gun laws are not the answer. You can't make parents put them up if they don't want to. And whose to say it wasn't put up. He knew how to reload it so he could have loaded it. It all comes down to the Parents need to teach their children right from wrong. Thats what's wrong with all these kids where are the parents ? Both my parents worked I was taught not to touch my Dad's gun When I was 12 I was Taught how to shoot it but never touch when they where gone unless some one broke in. Gun in closet bulletts top shelf in the kitchen. Bulletts changed places alot. We where taught not to get in strange cars and where tested by people mom and dad knew. Teachers and T.V. are not a replacement for PARENTS.

Jammin Jimmi   December 3rd, 2008 3:00 pm ET

I have an 8 year old and can't imagine what would have to happen in his life to drive him to shoot me or anyone else with a rifle. Through my wife's convincing suggestions, we have no guns in the house. I am mixed with this, I was raised around guns and knew they were dangerous. We have decided that there will be no guns in the house untill my son is 10 and has gone through gun safety class. I am not really that sure how we came up with 10 other than we feel any younger than that our son is too young and should be able to enjoy the innocence of being a child. I would like to think some of the comments here are just people lipping off. I know I can coersce my 8 year old into taking the blame for silly things I do in the house so who can say that this child truly confessed to these killings. He's 8 and has an 8 year olds mind and imagination. I am not saying he didn't but this should not be decided in an interrigation room!

Christy   December 3rd, 2008 3:37 pm ET

I'm amazed that everyone is so quick to think this child did this. Has anyone actually been following this case that believes that? He was questioned over and over there have been cases JUST like this one and we put a child away in prision and then a few years later the real killer was found, and the child involved in that same case said repeatedly that he didn't do it at first then FINALLY after being questioned over and over said he did it why, because a young child doesn't grasp the reality of admitting to MURDER! He doesnt comprehend how long 25 years really is. I think some of the people on here have no children. Kids DO NOT have the mental capabilities as adults so why would you think at 8 years old he WOULD understand, someone on here asked Why wouldn't he understand, why don't you tell me why he would??? Yes there are children out here that are capable of calculating murder BUT those kids, have suffered some kind of tramatic event in there life! Despite if he did or didn't due it, his legal rights were violated and yes even killers have those rights, they protect innocent people everyday. Children are not to be questioned without counsel or parents. I'm curious what evidence the step-mother had that the police didn't when she went to police to accuse him, sounds awfully fishy to me, maybe she was involved??? Wouldn't be the first time!

Terri D.   December 3rd, 2008 4:08 pm ET

Are all you people Crazy, How do we know the step mom didn't do it? or they had Enemies? This is an 8 yr old Boy who was co-worst in to saying he killed his dad . People Know there habits and new that kid came home at the same time everyday.

I will take custody of this boy and we, My Husband & I would love to give him a home and a real life .

Something is so wrong with this picture , Its sad and Its stinks To High Heaven

Ryan   December 3rd, 2008 6:01 pm ET

look at the stats. Look at the recidivism rate of homicide offenders. Look at cases of domestic violence where the victim kills the beater. If we put this 8 year old in prison, we are turning our backs to a major problem in the US. This child was ovbiously neglected, if not beaten by his father. this was not a pre-meditated attack. it was a victim pushed too far. Now yes, the suspect needs to be treated or "punished" but not by putting him in jail and throwing away the key. There is no way an 8 year old can handle or understand his rights and a trial. most grown-ups now days wouldn't have a clue to their rights or even be able to understand their rights after their attorneys draw it out for him. This 8 year old needs to be placed into rehabilitation and needs a second chance, with guidance to turn to along the way.

watching from Ohio...   December 3rd, 2008 10:09 pm ET

This 8 yr old boy's attorney's need to get him out of Arizona so just maybe he can get some healing and help. HE IS 8 YEARS OLD FOR PEET'S SAKE! The more days...weeks he spends in juvenile detention in Arizona surrounded by all this obsurdity is time that is doing more emotiona/psychological harm. Or maybe he is a witness or an unkowingly accomplice to a crime and is being held for safety reasons. At any rate, please Mr. Wood and Mr. Brewer do everything in your power to get this little boy out of there and into.. somewhere he can begin to be a child again and get the help he deserves. The rest of his life might depend on it.

Kat McGuire, KS   December 4th, 2008 5:02 am ET

GiGi-
Have you heard the words "Public OPINIONS?"

As a criminal justice college graduate, MY OPINION is that he should be tried as an 8 year old since the crime was commited when he was 8 years old, not when he is 15!

Many of you, like GiGi, have pity for this child and that is easy to do because of his age.

Now stop.

How would you folks and GiGi feel if this child lived near you and your children and NEVER had any help after this crime was commited?

Not so cute anymore is he?

It would be like living near a time bomb.....never knowing. Would you let YOUR children play with him? Would you let him spend the night with your kids and family? Answer this honestly within yourselves!

It's easy to shout out "He is just a kid and he couldn't be guilty" but before you do, ask yourselves the questions I have posed above.

Kat McGuire, KS   December 4th, 2008 5:04 am ET

Lonnie-

In my opinion he also layed in wait.

ADIII   December 4th, 2008 11:53 am ET

Plain and simple, this child is no more than that, a child. If you plan a murder, that's premeditation. Does anyone actually believe an 8 year old child is capable of planning AND carrying out premaditated ANYTHING? PLEASE. How many times can you kick a dog before he turns on you and bites back? Man best friend has a breaking point why wouldn't a child. There is something in all this that makes no sense to any of us, so stop playing armchair sleuth and pre-judging this young child. I'm on the side where something pushed him (if indeed he did do it) to defend himself and totally blocked it out. The Lord protects children and fools. So everyone talking about sending this child to prison for the rest of his life, rest assured even you come under one of the protections the Lord allows!

wolfgang   December 4th, 2008 3:49 pm ET

Hm, why should he not playing with other children ? Why Is he a time bomb? I believe, he need exact to play with other children of his age, to get up normal. If he goes into something like prison he will miss that important interaction with other kids, and of course, when he get out somewhere in the future he had social deficit´s that will make him maybe dangerous, cause of his social deficit´s. Yes he is a KID, a Kid should not be in a cell anywhere! to hold kid´s of this age in a cell will destroy the kid. I for myself had no problem like Terri D. to know the boy is living near me with his mom. I´m sure it would be still a pretty save place !. I thing the boy wasn´t a natural born killer, If he does it, he would have his reason´s, a boy of this age doesn´t do something like this without reason just for fun! In case he do it, yes he do the wrong thing. But there where surly some sign´s that had been surveyed by neighbors, school and relatives before the bad shootings take place. he need a lot of help in any case , if he do it or not, but he need, as I said before, a lot of love -and this is a thing, he can´t get in any jail, prison or so called juvi !

sue   December 4th, 2008 4:01 pm ET

if you own a gun and have kids they should be locked up period

JustAQuestion   December 4th, 2008 4:34 pm ET

Arizona has gun laws. Our gun laws follow the constitution. The right to bear arms is a right granted by the founding fathers. Like the freedom to choose a religion... or not.

The constitution doesnt grant me the freedom FROM religion but the freedom OF religion. The constitution grants me the right to bear arms, and I do. The cops can not get to me fast enough so I need to protect myself. Have I ever killed someone? NO. Would I? Depends on the circumstances. Could I? Without a doubt.

The state lawmakers have put gun control on the ballot in the past and it has failed, time and again. We believe in the constitution.

I do not believe this boy should be jailed. The "confession" will be thrown out and they will have to rely on DNA. Not alot of that. No gun powder tests. No showing how an 8 year old could load and reload 10 times a gun that I have difficulty loading 3, since it kicks like a mule.

Before you sentence this child to life in prision, learn the facts.

wolfgang   December 4th, 2008 4:43 pm ET

if we go with some public opinions the boy would be always with his dad!
-so he doesn´t get any help when he was not tried ? or other question, what kind of help should he get when in juvi ? how long should that punishment last? one year is for a kid a unbelievable long lasting time! how much year´s should he stay without contact with his mom only speaking through a wall of glass ?. Even this thing´s make it more worse than before for the kid. I thing, public opinions had to stay back if a kid is involved!

Rockford   December 5th, 2008 1:33 am ET

JustAQuestion

"I do not believe this boy should be jailed. The “confession” will be thrown out and they will have to rely on DNA. Not alot of that. No gun powder tests. No showing how an 8 year old could load and reload 10 times a gun that I have difficulty loading 3, since it kicks like a mule.

Before you sentence this child to life in prision, learn the facts."

The rifle was a .22.... doesn't kick at all... can hold far more than three rounds... I know 8 year old who have taken deer at that age so weapon operation isn't unheard of... not saying the kid is guilty but when you said learn the facts you might have followed your own advice.

watching from Ohio...   December 5th, 2008 3:25 pm ET

GiGi, thank you for your commet.

Sad Grandma   December 6th, 2008 7:16 am ET

Rockford:
It was a single shot cricket rifle WITHOUT a magazing.

I am seeing posts on other blogs that Phoenix, Channel 12 reported that there are "problems" with the GSR tests on the boy's clothing. Also, seeing reports that the defense attorney STILL does not know what gun was used.

Why is there no reliable news on this story? If this boy is innocent there will be hell to pay in St John's, Arizona. What does it say about a justice system that detains an 8 year old without any evidence?

I hope he doesn't have to spend much more time in Juvenile detention, in isolation, while these prosecutors play around with the evidence.

wolfgang   December 6th, 2008 8:38 am ET

To Lisa Bloom, I like your point of view, that gives me a feeling that this case isn´t hopeless for the boy, -yes, this case was an eye opener for me, so I cancel my vacation trip to the USA next year, I can't visit a country where are so much children and juvenile's are in prison some for lifetime without parole, where someone only decided to prosecute an eight year old boy as an adult. That´s still all unbelievable for me.

connie   December 7th, 2008 11:31 pm ET

I believe he did not know or realize that his act was wrong nor that his father would not come back this time. He needs help not jail.

adlj90210   December 8th, 2008 4:58 am ET

I just got through reading these comments, and I can't believe how some of you think that encarcerrating this CHILD is the right thing to do. I don't believe he was the one who committed this crime, but IF he did, what he needs is professional help. He needs to be loved, he needs affection, care and guidance. Jail is not the answer, the police focused on him and only him. They should be trying to find the real killer, has the step mom been investigated? I cannot phantom killing at such a young age, this coming from someone who was physically, verbally and emotionally abused by her father up until the age of 18 yrs old. The physical abuse was extremely physical, but it never crossed my mind to ever kill my abuser. I know that this child was taught to haunt and to use a gun but that does not mean that he is the one who carried out this crime.
I hope that he gets the help that he needs, and that is not jail time.

Keri   December 8th, 2008 8:02 pm ET

I feel sorry for this little boy. First, why did the father teach him how to load and shoot a gun? He is too young to understand the safety rules and dangers of a gun. He probably knows that if he shoots the gun at someone that he could hurt someone but I don't know if he understands that a gun being shot at a person can kill this person. It is hard to say. Some 8 year olds are more mature mentally than other 8 year olds. Second, why was he questioned without representation. And if they read him his miranda rights, he would not understand them. This child's rights were violated. It is a sad situation all together. If this child goes to jail, this could really ruin him. He will become institutionalized and never be able to adjust to the outside world. Adults who are institutionalized by serving jail time. have a hard time adjusting when they get out from serving a 10 year sentence. Imagine an 8 year old. This is just a really sad situation.

Janet   August 25th, 2009 4:13 pm ET

my comment goes towards my personal past 4 very long years.
I had my only child shoot in the head by a co worker . Only to find he had been out on probation for holding the same weapon to the head of this man next to his parents the year pryer. Now the State of AZ is lessing the charge and only given him 16 years...Tell me this loose gun isn't coming out to do something worse then? Do we really let them go like that? How do I help change the laws out here? where do I find local laws about holding a gun to somes head?

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