INDIANAPOLIS
(AP) — A Kosciusko County boy, who as a 12-year-old was convicted as an
adult for helping kill his friend's stepfather, should be retried in
juvenile court, his attorney told appeals court judges Tuesday.
In 2010, a northeastern Indiana judge
sentenced Paul Henry Gingerich to 25 years in prison after the boy
signed an agreement to plead guilty to conspiracy to commit murder.
Gingerich was originally charged with murder.
Gingerich's attorney, Monica Foster,
said Tuesday that the local court rushed to judgment without considering
Gingerich's maturity. Defense attorneys had complained that due process
wasn't being followed and their requests for more time were repeatedly
rejected, she said, even though a psychologist questioned whether
Gingerich understood what was happening.
"He thought the judge's job was to convict him," she said.
Deputy Attorney General Angela
Sanchez contended that the trial judge had no reason to question
Gingerich's maturity level, and that Indiana law allows children as
young as 10 to be tried as adults.
Sanchez also argued that Gingerich, now 14, and his parents had signed a plea agreement in which he waived his right to appeal.
"That was after they were in adult
court," Judge John Baker said Tuesday, noting that the point is whether
his case had belonged there.
Gingerich's lawyers were given only a
week to prepare for the waiver hearing in Kosciusko County, the judges
said Tuesday, while attorneys in other counties get as many as 90 days.
"How can that possibly be consistent with due process?" Judge James Kirsch asked.
Sanchez maintained: "This was not a railroading judgment, this was a carefully thought-out process."
Gingerich, who is eligible for
release when he's 24, could risk a longer prison sentence if he gets a
new hearing and is charged again with murder as an adult, the judges
said.
"You may win the battle and lose the war," Baker told Foster.
Gingerich's older sister and several other relatives who attended the hearing declined comment afterward.
Afterward, Foster told reporters she was confident that wouldn't happen.
"I just don't believe that any fair judge who listened to a fair hearing would waive this kid to adult court," she said.
There is no timetable for the judges to rule.
Gingerich and a 15-year-old friend
were convicted in the April 2010 fatal shooting of the friend's
stepfather, 49-year-old Phillip Danner. According to court documents,
the two boys were plotting to run away to Arizona with another friend.
The documents say Gingerich told
police he simply went along with his older friend and didn't believe his
friend was serious about killing his stepfather. He said he closed his
eyes when he fired the gun in Danner's living room.
The 15-year-old, who also pleaded
guilty as an adult to conspiracy to commit murder, was sentenced to 30
years in prison. The other friend, who was present but didn't enter the
house, was sentenced to juvenile detention until age 18.
"No question that this is a tragic
case, most especially for the victim who lost his life due to actions of
the defendant," Attorney General Greg Zoeller said in a statement
issued after Tuesday's hearing.
Larry Landis, executive director of
the Indiana Public Defender Council, attended the hearing. He said
Indiana's laws regarding adult sentencing of minors were written before
scientists discovered that adolescents' brains don't fully develop until
age 25.
If the appellate court does order a
fresh juvenile hearing, it will show that judges handling such cases
involving young defendants should "slow down and make sure the child
knows what is happening," he said.
There is something very wrong about a system that considers a 12 year old an adult.
In this adult blog, it is my hope that you find things that make you think, give you opportunity to voice your opinion, and allow us to be a community of people who care - even if from afar - for eachother. Be welcome and let your heart be heard.
Saturday, January 12, 2013
The Rainbow Connection
Thursday, January 10, 2013
Ok, he's an insane little dinosaur, isn't he.
Hi Friends;
I am so sorry to have been quiet for a while. I go through depressions now and again - thankfully not those gut wrenching-can't get out of bed depressions, just the blues. But, I find that I have to struggle to keep a good attitude during such times and I just about wore myself out doing that. Going further, though.... I really didn't have much to say.
Today I was watching a very interesting documentary on Dr. Martin Luther King, Jr. He was a bit before my time, and what an interesting person! I couldn't help but repeatedly hear mirrors of the struggles as we LGTB.
So, in doing a bit of surfing, I see this trash. http://boyboxrebellion.blogspot.com/2013/01/fischer-were-now-new-rosa-parks-and.html Who is this guy? I can't believe anyone takes him seriously, but, they do.
I do tire of the way some find justification in fabrications. I'm not a stickler for facts vs. opinion, but I do expect opinion to have some sort of factual support.
And that, I guess, brings me back to Mr. Fisher and my earlier viewing of MLK, Jr. documentary.....
I found the speeches here: http://www.edchange.org/multicultural/speeches/mlk_birth.html
There is something in the soul that cries out for freedom. There is something deep down within the very soul of man that reaches out for Canaan. Men cannot be satisfied with Egypt. They tried to adjust to it for awhile. Many men have vested interests in Egypt, and they are slow to leave. Egypt makes it profitable to them; some people profit by Egypt. The vast majority, the masses of people never profit by Egypt, and they are never content with it. And eventually they rise up and begin to cry out for Canaan’s land.
MLK's background conversations all spoke about the necessity of the populace to become tired of allowing the repeated denial of equality. He spoke often about the town where the demonstration was orchestrated was not the audience, just the back drop. The true audience is the nation and world at large. I must admit, I am guilty of being somewhat content with life in Egypt, as MLK talks about above, in that I am living quite closeted; in slavery to the injustice of current America - so, admitting that, I can also see that Mr. Fischer seems quite content that we all stay in Egypt. He isn't satisfied in freedom. He feels the need to not only subjugate but to justify subjugating people.
The good news, much like America today in regard to Civil Rights of African Americans, Negros, Blacks.... I get lost in the names over the decades so how about we call them PEOPLE!, so too is America growing tired of these Fischer types. Where once Ellen DeGeneres lost her show for coming out, and where Will and Grace came and went - now Modern Family shows that people are people are people, so too are the very PEOPLE this man feels justified in subjugating. It reportedly took 40 years to reach Canaan from Egypt, so who knows how long this journey will take. What I do know, this goof will fall off his flat earth sometime - hopefully - soon.
I am so sorry to have been quiet for a while. I go through depressions now and again - thankfully not those gut wrenching-can't get out of bed depressions, just the blues. But, I find that I have to struggle to keep a good attitude during such times and I just about wore myself out doing that. Going further, though.... I really didn't have much to say.
Today I was watching a very interesting documentary on Dr. Martin Luther King, Jr. He was a bit before my time, and what an interesting person! I couldn't help but repeatedly hear mirrors of the struggles as we LGTB.
So, in doing a bit of surfing, I see this trash. http://boyboxrebellion.blogspot.com/2013/01/fischer-were-now-new-rosa-parks-and.html Who is this guy? I can't believe anyone takes him seriously, but, they do.
I do tire of the way some find justification in fabrications. I'm not a stickler for facts vs. opinion, but I do expect opinion to have some sort of factual support.
And that, I guess, brings me back to Mr. Fisher and my earlier viewing of MLK, Jr. documentary.....
I found the speeches here: http://www.edchange.org/multicultural/speeches/mlk_birth.html
There is something in the soul that cries out for freedom. There is something deep down within the very soul of man that reaches out for Canaan. Men cannot be satisfied with Egypt. They tried to adjust to it for awhile. Many men have vested interests in Egypt, and they are slow to leave. Egypt makes it profitable to them; some people profit by Egypt. The vast majority, the masses of people never profit by Egypt, and they are never content with it. And eventually they rise up and begin to cry out for Canaan’s land.
MLK's background conversations all spoke about the necessity of the populace to become tired of allowing the repeated denial of equality. He spoke often about the town where the demonstration was orchestrated was not the audience, just the back drop. The true audience is the nation and world at large. I must admit, I am guilty of being somewhat content with life in Egypt, as MLK talks about above, in that I am living quite closeted; in slavery to the injustice of current America - so, admitting that, I can also see that Mr. Fischer seems quite content that we all stay in Egypt. He isn't satisfied in freedom. He feels the need to not only subjugate but to justify subjugating people.
The good news, much like America today in regard to Civil Rights of African Americans, Negros, Blacks.... I get lost in the names over the decades so how about we call them PEOPLE!, so too is America growing tired of these Fischer types. Where once Ellen DeGeneres lost her show for coming out, and where Will and Grace came and went - now Modern Family shows that people are people are people, so too are the very PEOPLE this man feels justified in subjugating. It reportedly took 40 years to reach Canaan from Egypt, so who knows how long this journey will take. What I do know, this goof will fall off his flat earth sometime - hopefully - soon.
Tuesday, January 1, 2013
Monday, December 31, 2012
Friday, December 28, 2012
Great News!!
I posted on this before: here I am happy, so very happy for this young one.
Government thinks this is an adult.
Government thinks this is an adult.
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