May 7, 2014|
Automatically Generated Transcript (may not be 100% accurate)
The boy charged in a weekend murder a thirteen year old Amir Al -- has been charged as an adult in connection with the crime. And an unusual twist the boy charged with second degree murder. Was even identify these thirteen year old -- Sanchez let's talk about it now art in studio guest this morning is criminal defense attorney. Paul came -- Paula -- to become in this morning first is some initial observations on this case thirteen year old is the victim and a thirteen new world. Is the purported killer. Got it you know it's a said situation obviously and there are a lot of complications. Here. As a defense attorney the first thing that I would do of course are present in this. Boy was to determine what his mental level is I mean he's thirteen that he might. Have sophisticated mind -- you might be an infantile. Infantile level. And if cell that would play into the strategy on the part of the defense. In other is an opportunity here to ask. That the case be transferred to family court as opposed to being an adult are charged as an adult. And that could happen that can either happen by emotion. Or could happen by consent of the DA and it's a big difference because. If that happened and the -- Max sentence would be five years. With a potential for one year for every year until he's 21. As opposed to the current situation where it's five to life for nine to life. Family court is seems unusual for a murder trial. To happen in family court in recent memory can you recall anything like that happening here in Erie -- well think about there's -- only recently that we have been charging people. Thirteen fourteen and fifteen as adults. In the past they were only dealt with as juvenile delinquents. They were dealt with -- in family court. And it's only relatively recent. That the legislature changed that law and allows us to war -- allows society if you will charge them as adults. So it used to be that way. Did the legislature also alone. Identifying. A young kid like that no I never expected learned the boy's name yesterday yeah I I there's nothing in there that I can see except that. One -- charged as an adult obviously the feeling was. Well then you're an adult for all purposes. Not just charges but identification and the rest of it. Get that there's something new here to do that we're learning that the victim a thirteen year old Amir Al -- was sexually assaulted. Would that raise the stakes well I think what happens I did read in the paper that there are some suspicion of that and they are trying to confirm it. Obviously if for it let's assume now the defense -- moves to remove the case to family court. While the judge who would hear that would have that thing that issue. To determine as well and other words what they look at is this is a situation where we have. One person participating. Maybe it would if it were gang of people for example and you have the defendant who. Just had a small part in it that would be something -- -- to the judges they put him in family court. Well here if they if it's the other way there's only one person it's sort of vicious. There's a as sexual assault accompanied by the well now the Supreme Court judgments at all I'm gonna leave it as an adult businesses exacerbated circumstances. It's gonna stay there is an adult so it'll play in two and again let's francs and -- In deciding what he's gonna do my museum plea bargain it. -- and say no we're gonna go to the wall honestly well when do you think we may find out more about what his plans might be. Well I think so far you know of the police have charged as an adult I think that the the more egregious the facts the more likely frank keeps it. In superior court the more unlikely that a judge would transfer to family court so that's those -- the things we're gonna look at.