May 7, 2014|
Automatically Generated Transcript (may not be 100% accurate)
Buffalo police have arrested a thirteen year old a plan to charge him as an adult in the murder of thirteen year old Amir -- -- -- police commissioner Daniel to -- of the suspect made admissions to detectives. We're talking about this case this morning with in studio. Paul came -- criminal defense attorney and on the lifeline. Is frank Clark former Erie county district attorney. I'm just before we broke we've asked frank if he ever remembered. Of case involving a thirteen you know murder suspect Paul what about you do you ever remember such a young murder suspect. I don't I've had. I've represented at least two that I can think of whom were oversee each team. So they were tried as adults. That one was 161 was seventeen. And it really is a different case it's so hard to. I imagine that somebody at that very young age could have reform that sort of intent necessary and he committed intentional murder. And of course you you know you would use that as part of your defense to try to have the case either. And acquittal or perhaps haven't reduced to manslaughter area. Right let me ask you this it's been so long since I've covered a family court case I'm having difficulty remembering now -- such a case would go to family court. Would the decision and after a trial be made by the judge Georgia selected jury incidentally court. You know you're and they get in and it -- its. Then it's not my specialty either. I don't think that there is security there I I think it judge would make a determination. Others don't jury. No jury family -- That it would be a judge's determination and decisions that. The maximum sentencing can be imposed there is significantly less. Decisions that. I defended would -- worried tried. As an adult indicates right. Got family court to sentence would be a five year minimum the first eighteen months of which would be in a secure facility. But after that the person could be put into residential facility and other things. The sentence could go. An additional year for every year until the person turns 21. So in case of -- thirteen year old you're talking like eight years plus 513 years sentence as the maximum. Point you know -- rhetoric used to be starter jackets. Or sneakers now this is over and I have found helpful iPhone. -- when you what comes to mind for you guys well I guess. You know that was one of the things mentioned in the paper today that there was some supposed confrontation. With a number of of young people and the deceased over this Eiffel. It may be jealousy thing I mean we've seen. Just in my own situation all the kids and I have. Where they have their cell phone stolen by him very factual and there's a lot of apparently is a lot going on there with the youth and these -- problems. OK Paul. And frank -- a -- thirteen years analysts had those coastal states Supreme Court. Is convicted. I mean what happens to. Is it detention I mean he can't go to Attica state prison where do you put a -- like this convicted well you know other convicted convicted as adults. That's that's one of the initial questions. Do they put them in some kind of facility after there convicted as girls. And that's largely a matter of corrections department there's nothing I know love. Once they're convicted as Nadal. For them not being incarcerated that way I'm sure they have some kind of special personal and family courts different family court. Clearly you're putting into. -- detention tight tight situation for eighteen months and after that. It's much different can be residential. Lots of other options. If Frankie -- champion. Think it is day. Somewhere in this statutes. There's. A section which states that. Give -- There are five facilities it's these facilities. That they can be housed in between that time that there. Thirteen and sixteen and then once they reached the age of sixteen. They can be -- that. The number of potential. Facilities is greater. They are thrown into. They're not they're not sent to about. It's attic. It's and sixteen year old but there are special. Facilities to -- -- statute that the media department directions consignment. It's up to corrections we're discussing those murder case in the black -- to thirteen year old -- one as a victim the other charge of second degree murder. Our guests include former district attorney frank Clark and defense attorney Paul -- frank we're glad you could join us this morning.