Murder
An attorney representing 20-year-old George Spain had gone through an exhaustive final argument: Spain was up for murder one in courtroom 707 of the Criminal Justice Center on Monday afternoon. The sentence could land him in prison for the rest of his life and his attorney, Dennis Cogan, had explained the case in clear and uncertain terms:
Reginald James, Jr., 19, was shot and killed around 8:30 p.m. on Feb. 18, 2009 as he fled two assailants near a dark street corner in Germantown. Later than night, James girlfriend identified Spain and another man to police. They were taken into custody. The other man was released, however and two new suspects came under scrutiny after Spain supposedly told police what had really happened.
According to Cogan, Spain said two men -- Tyreese Copper and his father, Gregory Anderson (known as Little Ty and Big Ty) -- had targeted James Jr. because he had stolen a lockbox from them.
The Commonwealth wanted the jury to believe, Cogan said, that Spain had known about the planned murder, conspired to execute it, and then snitched to police to avoid implicating himself. This would make Spain liable for murder as an accomplice.
Cogan dismissed these notions outright and a host of others in just over an hour: Without Spain, Cogan said, the police had no case. He sets it right! Cogan said.
After the defense rested, it was John Doyles turn. Representing the District Attorneys office, he said Spain had been blowing up Little Tys cell phone in the minutes leading up to the murder. Spain knew the plan, he worked with Big Ty and Little Ty to corner James Jr., and Spain should be sent to prison for life.
Doyle rested and then Judge Stephen R. Geroff outlined the jurys options: convicting Spain of murder one would land the 20-year-old in prison for life. Murder three would earn him a maximum of 40 years in prison. And if the jury found Spain not guilty, well, he would be sent home. Its now up to the jury.
After less than two hours, the courts clerk announces that the jury has come to a verdict. Family members here to support both Spain and the deceased James Jr. fill the courtroom. Eight officers from the sheriffs department enter to keep things as calm as possible, standing on the courtrooms edge with their revolvers tucked away, their walkie-talkies off and their hands folded stalwartly in front of their belt buckles. The room is quiet; theres almost no sound but for occasional whispering and rustling clothes. The judge enters. The clerk asks that no one react to the verdict once its read. There are bated breaths and pregnant sighs. The jury enters one at a time and they sit. Another pause. The clerk reads the first count:
On murder in the first degree, how do you find the defendant, George Spain?
The jury foreman looks at the courtroom and demurs.
Not guilty your honor, he says. The courtroom stirs.
Murder in the third degree?
Not guilty your honor.
And on the conspiracy charge?
Not guilty your honor.
The room does, in fact, react. There are cries of joy and sadness from both sides of the room. Police officers, who testified for the prosecution and are now sitting in plainclothes in the front row of the court gallery, sit with arms crossed, visibly angry. They refuse to comment. A woman related to James Jr., who asks not to be identified, says the verdict just aint fair before breaking into tears.
And on the other side of the room where Spains family now begins to exit there are tears of jubilation. Donald Smith, Spains uncle, has tears rolling down his face when he says, justice has finally been done today.
But has it?
The unfortunate thing about all this is that someone is dead, says attorney Gary Silver, who worked with Cogans team on this case. And not only are the guys who committed this murder still out there, but you had Spain sitting behind bars for two years waiting for trial.
It feels like everyone loses, he says.
UPDATE: Tyreese Copper is, in fact, in lock up and is being prosecuted for murder; his trial is set for September (see this PDF of his docket sheet). His father, however, has not yet been arrested for this crime.
Jordan Brown's case is one of the more fascinating and complicated criminal matters to be heard in Pennsylvania... well, ever. And things will continue to get interesting today.
As the Inky noted via the Associated Press this morning: "A Superior Court panel in Pittsburgh must decide whether a boy who was 11 at the time should be tried as an adult in the slaying of his father's pregnant fiancee."
Which deserves some added information:
In February 2009, when Jordan was 11, his father's girlfriend, Kenzie Houk, was found murdered with a shotgun wound to the head. Investigators concluded that she had been shot while she slept. This took place about an hour's drive north of Pittsburgh in a rural farmhouse she shared with her boyfriend, one of her daughters, and Jordan.
It took local cops a short time to investigate and gather that Jordan -- whose father had purchased him a shotgun not long earlier -- had committed the act. Though he denied it -- and continues to deny it -- Jordan was incarcerated and held for trial. Last year, a judge concluded (here's the PDF) that the 11-year-old would be tried as an adult for murder. The judge's rationale: Jordan's refusal to admit guilt showed that he was not sorry for what he did and therefore liable for murder as an adult. (Jordan's lawyers have since countered that this decision doesn't make much sense -- and that's pretty much what today's hearing is about).
Admission or not, this is unheard of in most other states. Earlier this month, for example, a 10-year old in Ohio committed an eerily similar crime. There was zero talk of adult time in that case because in Ohio, a 10-year-old is a child.
In Pennsylvania, however, things aren't so clear. Human Rights Watch has pointed out that the Keystone State sentences hundreds more kids to life in prison than any other state in the country (and more than most other states in the country combined). So in Pennsylvania an 11-year-old may not be a child in the eyes of the law. He or she may be an adult. And adults get harsh sentences: If Jordan is convicted, he'll face a mandatory sentence of life in prison without the possibility of parole. He'll be the youngest person in recorded history to receive that sentence.
The hearing today will get to that. And it'll also begin the process of answering the following question:
Is an 11-year-old liable for murder as an adult in Pennsylvania?
Amnesty International is all over it. (They think Jordan Brown should be tried as a juvenile). And so is Kenzie Houk's family. (They think the kid should die in prison.)
A panel will hear arguments today and eventually make a decision. One way or the other, that decision -- which will take months, as these types of proceedings tend to -- will have a massive impact on juvenile criminal law nationwide.
Peripheral info:
* It's unconstitutional to sentence anyone to death if that person committed a crime before he or she turned 18.
* It's also unconstitutional to sentence anyone to life in prison without the possibility of parole if that person committed a non-homicide offense before he or she turned 18.
* Read the whole Jordan Brown story -- and more about his innocence claim --Â here.
* Read about SCI Pine Grove, the institution Jordan will serve time in if he's convicted.
* Read the brief written by Jordan's attorneys and Marsha Levick, Deputy Director and Chief Counsel of the Philadelphia Juvenile Law Center, in favor of trying Jordan as a juvenile.
* Read the "Save Jordan Brown" website here. That site was created by Dan Dailey, who blogs here and consistently breaks more news about this case than pretty much anyone.
UPDATE from the hearing:
*Â WTAE Pittsburgh (with video): "'My daughter is not coming back,' Kenzie Houk's mother, Deborah, told reporters outside court on Tuesday. 'My two little girls lost a mother, and a brother they waited on, so what gives you the right to think that he can walk away?'"
* Guardian UK: "The US is the only country where juveniles are serving life imprisonment without parole under the so-called 'life means life' policy. Only the US and Somalia have refused to ratify the UN Convention on the Rights of the Child, which rules out life sentences with no chance of release for crimes committed before the age of 18."
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: WіƖƖ аn 11-year-ancient ɡеt life іn prison fοr murder? ... [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's ... [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
[...] UPDATED: Will an 11-year-old get life in prison for murder? Here's … [...]
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Are you idiotically insinuating that his teachers are somehow responsible because they didn't pay enough attention to this misbegotten son? Spend some time in a public middle school in your town and see what teachers do with the children never corrected or held accountable at home. Sometimes, school is the only place where a kid is safe, fed, and cared for. Parents need to "go to school" and be held accountable for the behaviors of their misguided offspring.
Not really sure how i feel about this situation sounds to me that this child needs help not life in prison and i guess my question is how many things had to go horribly wrong in an 11 yrs life for something like this to happen i have a 12 yr old son and i am far from a perfect parent but he is not a bad child and i can't imagine what this would feel like if my son had done something like this but for an 11 yr old to be so far gone as too kill some one tells me that some parenting was defintely lacking
I know it's hard to not see an 11 year old kid as anything but an 11 year old kid, but if he is in fact guilty, he's damaged goods. There's no helping that. Regardless of what the afterschool specials tell you, there are some things that you can't undo and must pay the price for until you die. Taking a shotgun to a sleeping woman's head, a pregnant one at that, is not something you can 'get over' or 'be cured of'. He's old enough to have decided that he didn't want to share the world with her, and act on that decision. That makes him old enough to rot in a 6x10 cage for 8 or 9 decades.
[...] yo facing life in prison w/o parole for a crime he may or may not have committed Will an 11-year-old get life in prison for murder? Here’s what you need to know :: The Clog ::... My hubby and me are at odds about this. He says, "some people are born without a conscience. [...]
"The judge's rationale: Jordan's refusal to admit guilt showed that he was not sorry for what he did." Presumption of Guilt without proof in trial, your 'Honor'. Keep a close watch on the evidence in the trial guys, this one's gonna be chock full of song and dance.
[...] This post was mentioned on Twitter by Astrid and Matt Muir, Philadelphia. Philadelphia said: Will an 11-year-old get life in prison? Hereâs what you need to know.: Jordan Brownâs legal si... http://t.jfm.tv/gitUdE #CitypaperBlogs [...]
Its time as society that we realize we need to change the def of what it means to be a child. This "kid" knowingly took a shotgun and killed a person in their sleep! He knew right from wrong and he choose to do the wrong thing. Again he knowingly took another life, he made the deision to pull the trigger. I believe that once you take a life no longer have value has a person, you no longer contribution to society itself. I think anyone who willingly hurts/ kills another human being should no longer have rights. Why shouldn't this kid die in jail? At 11 he his taken another life there is no rehab for that. He should be glad life in prison is all he can get. Had he been an adult he should be tried for the death pentaly. Along with ANY person that KNOWINGLY takes another life thats not in self-defence.
>>> I believe that once you take a life no longer have value has a person, you no longer contribution to society itself. So you're saying once a person is a soldier they are valueless? This kind of hyperbole has no place in a rational debate. You should simply retract your comment out of respect for those who had to make a choice. Let's be clear, this is a child, are children adults? Do we expect them to make adult decisions? No we don't. The actions of the court to elevate this to an adult court are reprehensible. The presumption of guilt on the part of the court is even worse. Why is this even going forward.
Man, I worry about America a lot. I'm writing here from Ireland, where I've experienced our own civil war in the North of the island and the ongoing gangland crime in Dublin. I'm not suggesting we're perfect. Let's get that out of the way. My other half is American. We've talked about moving there. I'm not keen at all. Why? This case is why, or rather it illustrates my two main reasons. Firstly, gun law. In this part of the world, it is not considered legal or civilised to have a gun unless you have a damn good reason for it. Want to hunt? You better apply to the police, get a licence from them (not easy) and have secure places to store it. Kids don't get guns, period. I cannot comprehend what you guys are thinking letting kids have unlicensed guns. Don't quote me your constitution. I know it just as well as you do. It was written hundreds of years ago, long before comprehensive law enforcement. It doesn't reflect today's reality. You might love your right to bear arms, but you got to realise that's why you have many times the homicide rate of Canada, a similarly cultured nation just to your North, populated by pretty similar people. Second reason? You're going to try a 13 year old as an adult with the possibility of life without parole? Seriously? I don't care if he massacred Jesus and all the innocents, and you got video tape to prove it. That is beyond inhumane. Let's say the boy did it. Let's say he whacked his stepmom. That's horrific. But tell me what the purpose of your justice system is? Is it to rehabilitate people to become useful members of society or is it to punish the evil? What man under God can be sure in his judgement? Better we facilitate the possibility of innocence even when we deliver a guilty verdict, better that we permit the possibility of rehabilitating errant children who kill. There are a number of British cases which shed light on this. Let's look at one. The Jamie Bulger killers - one rehabilitated successfully, the other was recently locked up again as an adult on child porn charges. Yeah, rehabilitation doesn't always work. But it worked for one of these kids. That's the important thing. This dead woman and her dead baby aren't coming back under any circumstances. The only person that can be saved at this point in time is this kid Jordan. This kid may be innocent. Certainly there needs to be greater effort into investigating the man who threatened to kill this woman before she died. Then again, he may be guilty. But he's no adult. He is below the age of responsibility for his actions. If he's guilty, he was horrendously wrong. He'll live in horror of it all his life. Does he deserve no chance of redemption, of forgiveness? While your great country continues to permit guns for all without attributing responsibility to ownership, and while it then turns around and seeks to prosecute children as adults and throw them away like trash, I could never live in your country. I'm sorry to say, but that isn't civilised.
In America, a person is supposed to be innocent until proven, beyond doubt, guilty. Because the judge stated the boy should be tried in adult court because he wouldn't admit to the crime says that judge needs a new job and that boy should be free to go home. This boy has waited nearly 2 years for a trial! And it wasn't his defense asking for all the continuances, it has been the prosecution. If they had enough evidence to convict this boy, they would have gone to trial already. Children at the age of 11 do not have a true concept of what death really is, not to mention their brains haven't even stopped developinng yet, so I don't have a clue how anyone can think a child should ever stand trial as if they were an adult. I agree 100% that children (minors) should NEVER be allowed to have guns, and any adult who does not lock up their guns if they have children in the house is just a very irresponsible person.
Are you out of your fucking mind?
Just because someone is charged with a crime doesn't mean they are guilty of it; just because a person is alleged to have committed a crime in the media doesn't mean they did it. This child should be tried or released. Holding him indefinitely is cruel. I've read everything I can find on the web about this case and I can't find anything about his shotgun. Was it found? Had it been fired? Is it, indeed, the murder weapon?
I'm genuinely sickened by this comment. So you're the same person at 11 that you are at 21? This kid is exactly that, a kid. He deserves to be locked up until he's well into his 20's then allowed to be slowly reintergrated into decent society as a normal human being. Yes, what he did (if he did it and I understand there is little proof that he is guilty) is absolutely wrong and yes he needs to be severely punished. But to lock a child away for life? To me that's about as wrong as you can get...why don't you just kill him and take his life now? Sick sick sick
I don't get all of this.. so if he is to be treated like an adult, i hope they give him the right to marry, to vote and so on. for him and for all 11 years old children. since they obviously can think for themselves... and be treated like adults.
It seems odd that the judge wants him tried as an adult because he won't admit guilt, but is presumed innocent until the trial. Go figure.
I live in ellwood city,Pa. 1 town away from where this evil little monster killed the girl and her son...there IS evidence he did it...maybe we should send him to live w/you...he gets pissed off...bye bye
Well, I guess he got his Daddies attention now. Too bad its only once week during their visit.
[...] Jordan Brown’s case is one of the more fascinating and complicated criminal matters to be heard in Pennsylvania… well, ever. And things will continue to get interesting today. As the Inky noted via the Associated Press this morning : “A Superior Court … read full article… [...]
Wow, you mind as well trash the entire juvenile legal system. By your rational, a person under 21 should be allowed to drink if they're mature and understand the ramifications. What about a 13 year old girl who wants to have sex with a 50 year old man? If she is really mature should it be OK? Or does it only work were the state can declare you mature for their own benefit? If this ruling stands it will set an extremely dangerous precedence. One, the judge and prosecutor are violating the defendants constitutional rights by attempting to compelling him to incriminate himself by "showing remorse" for a crime he hasn't even been tried for, let alone convicted. Second, it will allow judges to basically create ad hoc law by simply "declaring" that a child is an adult without any legal reasoning to backup the ruling.
What I'd like to know is what any 11 year old child is doing with 6 guns in their bedroom?
I just want to say I think this summary is well done; I wasn't aware of this case and I'm glad to be. Thanks for the clear-headed introduction to a case I'm now going to follow with great interest. I shudder to think about a child this young being imprisoned for the rest of his life. What life?
The kid's own dad bought him the shotgun. Let me repeat that: The murder weapon was given to the 11 year old child by his own father. If the kid was a monster, as you argue, then the kid needed counseling, child protective services, maybe a teacher at school to pay attention to him, or at worst juvenile detention. What he got instead was a deadly weapon. The same kind he's probably used in his video games that probably served as his babysitter for 11 years. Parents need to take some responsibility for their child rearing, and if they do not, then the community needs to. I don't know this kid, I don't live near him, and I don't know any of the circumstances of this case apart from what's been reported. I do know that an 11 year old has a much different capacity to make rational decisions, and also a very pliable mind with the capacity to change. Unlike the jaded, heartless cynics on this thread.
The biggest issue with this case, and what differentiates it from the Ohio case referenced in the article, is sentencing laws. If he deserves to be locked up 'well into his 20's' then he MUST be tried as an adult under PA law... because the juvy justice system in PA stops on the 21st birthday. Jordan Brown's birthday is in August (other articles reference this), which means that on that day in August 2019 when he turns 21 a couple things happen. - He gets released from detention/prison. - His juvenile court records are sealed permanently. - He has no criminal record as an adult. Nothing to show on a background check, credit report, or anything else. On that day, he could go out an buy a car, a new gun, ammo, whatever else... no record, no need to answer questions, and no way to check because of the juvy conviction.
Many other sources reference a refusal to accept responsibility for his actions... taking someone's book, disobeying the teacher, missing homework. The articles back then said he always had someone to blame for everything.
Last week, the story of the "Kensington Strangler" â the person-at-large who may or not be responsible for multiple murders and choking assaults in and around Kensington â reached fever pitch in the Philly news media, the Inquirer and Daily News both running lurid headlines about the massive police manhunt underway in Kenzo.
But in amid all the hype, it's not clear that the Kensington Strangler really exists â or, rather, that a single person has been responsible for certain recent crimes. In fact, it's not clear to what extent some of these crimes could happen fairly often.
To be sure, police have linked the same person (by DNA) to the two murders-by-strangulation that ignited the story. That Kensington Strangler does exist, and has yet to be identified.
But several more cases of murder and assault involving choking have not, despite appearing over and over again in articles about the Strangler, been linked to the same suspect.
And CP wondered: Kensington is, after all, a neighborhood ridden with both violent crime and prostitution â could it be that the sudden media spotlight was simply picking up incidents that happen more frequently than we'd like to believe?
Indeed, Police spokesman Lt. Ray Evers told CP late last week that he thought the media was "going overboard," and cautioned that half-dozen or so crimes being examined may not, in fact, be linked:
We believe the three [assaults on prostitutes that involved choking] are closely tied. The two homicides are definitely tied. And the three assaults and homicides may be tied together. . . But this is [an area with] high risk activities.
In fact, Evers said, the police have already arrested one area man accused of choking a woman â but who police say is unconnected to any of these cases. Police have also detained a person of interest in the recent murder of a third woman, but do not presently believe that person to be connected to the other two murders or choking cases.
In other words, there's no doubt women are being attacked and choked in Kensington â but whether it's the work of a single individual, or a disturbing glimpse into patterns of regular violence against these women â is much less clear.
[...] This post was mentioned on Twitter by Roslyn Ograd, Philly News Now. Philly News Now said: What if there is no single Kensington Strangler?: Last week, the story of the âKensington Stranglerâ â the perso... http://bit.ly/hF0g6r [...]
I fail to see the speculation. First, no, its not common to find people in vacant lots dead by strangulation in the streets of Kenso. True, drug violence, prostitution ( although isolated parts of the area)but bodies of missing people found dead via strangulation stands out like a soar thumb. Secondly,it is true that not all the reported incidents my be related but nevertheless I take offense at what is being insinuated--that violence of the kind that has been reported is just part of Kensington. Yes, in the life of pimps and prostitutes, sure, there is violence but that is isolated to either Frankfort Ave and Kinsington Ave. Kensington is much larger than those two strips.
I agree wit KensingKING.
[...] Kensington Strangler Strikes Again? A partially-clothed woman with a plastic bag covering her head was found deadin a desolate lot in Kensington yesterday. Police Commissioner Charles H. Ramsey says investigators are uncertain whether this crime is related to a string of other murders in the area. [Daily News]Â But what if there is no Kensington strangler at all? [Citypaper] [...]
Clearly there is one person commiting these crimes because all three murders were swabbed and all three had the same DNA on them. What does that mean exactly? It means that one and only one person is committing these homicides. Therefore, even though I would love to agree with you that the media and scared Kinsington residence are hyping a mass serial killer theory - I simply cannot. Even the victims who survived the stranglings all described the same guy or a description that's very much the same. Now I am aware that this article was posted in early december, but even then the murders of the first to females were connected by DNA - which once again shows us that the same man committed these murders. There is one theory that police detectives and FBI are throwing about and that is this man may be a man who caught HIV or AIDS from a prostitute and is now taking his revenge out by these stranglations. Which tells us another thing about this kill - he is positive with HIV or AIDS. Because police do not assume in cases like these, so they must know he's positive with the disease.
Are you kidding me?!?! Being a reporter, YOU should do your homework. KENSINGTON was and still is a area that hard working people live and love. There are still hardworking people who live here and are scared to leave their homes, or allow their children to go out after dark. How dare you criticize, or put down a entire neighborhood, because of its hardship. Guess what "Mister Reporter" DRUGS,PROSTITUTION, AND VIOLENT CRIMES happen everywhere in Philadelphia, oh and YES even in the surrounding SUBURBS of Philly. Its easy to sit behind your desk and type how YOU feel, but have YOU ever walked the streets of our neighborhood. I grew up in "Kensington" and now live minutes away and wont trade my childhood for anything in this world. To me its sounds as if you a "bully" think you are better than the hard working "KENZO" who bust their bums. A true "KENZO" will always protect their family and neighbors. Maybe you should try it out sometime after all this is the "CITY OF BROTHERLY LOVE"
You sound like an uneducated sorry sap in my opinion. If you did your research, you would know that this man is a serial strangler and a predator. Living here for 20 years, born and raised, this is not something that is a pattern. Yes, there is violence, prostitution, and drugs in the Kensington neighborhood. However, that does not make this situation any less serious. It's almost as if you are saying what he is doing is OK and just a regular day in our neighborhood. It is not. People like you disgust me.
[...] few weeks ago, we posed the question: What if there is no single "Kensington Strangler?" ... amid all the hype, it's not clear that the [...]
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