Attorneys for an 11-year-old Lawrence County boy charged as an adult in the slaying of his father's pregnant fiance want statements the boy made to police dismissed as evidence, saying troopers did not read him his rights nor seek his father's permission before interviewing him.
Attorneys Dennis Elisco and David Acker yesterday asked Lawrence County President Judge Dominick Motto to throw out the statements and other evidence in the case against Jordan Brown, who is charged with fatally shooting Kenzie Houk, 26, with a 20-gauge shotgun as she lay in bed on Feb. 20.
Judge Motto did not rule on whether to suppress the information.
Jordan's attorneys want the case dismissed, saying not enough evidence was presented at a March preliminary hearing to link him to the crime.
The attorneys said yesterday they want prosecutors to share with them more evidence, including crime scene photos, latent fingerprints, information about blood and debris found under Ms. Houk's fingernails and tapes of interviews with several witnesses, including Ms. Houk's 8-year-old daughter, Jenessa.
They're also seeking results of gunshot residue tests taken from people who were at the New Beaver farm the day of the killing and from an ex-boyfriend of Ms. Houk's who had threatened her in the past, Mr. Acker said.
"There were a variety of things we didn't get," he said.
Jordan's father, Chris Brown, testified for the first time yesterday, saying police did not try to contact him before interviewing his son at his school on the day of the killing. Prosecutors said Jordan was being questioned as a potential witness that day and not a suspect.
In that interview, Jordan told trooper Janice Wilson that he saw a suspicious black pickup truck near their home in the morning, before he went to school. Trooper Wilson has said that Jordan's story about the truck changed several times before his arrest.
Mr. Acker said he filed a second motion to suppress evidence because police did not sign a warrant to search Jordan's shirt and blue jeans the day of the killing. Lab tests revealed gunshot residue on the clothing, police have said.
Lawrence County District Attorney John Bongivengo has said he considers the gunshot residue on Jordan's clothes some of the strongest evidence against him.
Judge Motto gave the attorneys 30 days to meet and hash out an agreement about the evidence. He did not schedule another hearing.
Jordan remains at the Edmund L. Thomas Adolescent Detention Center in Erie, where, "by all accounts, he's a real gentleman," Mr. Acker said. "He is doing his schoolwork, he is polite and courteous."
Mr. Acker said he and Mr. Elisco will seek to move the case to juvenile court after Jordan is examined by an expert in adolescent psychology and brain development later this month.
