NEW CASTLE —
Jordan Brown could be free — even briefly — pending his day in juvenile court.
Defense attorney Dennis Elisco Wednesday asked a three-judge panel of the Pennsylvania Superior Court to release his 14-year-old client until a juvenile court hearing is scheduled.
The court promised a speedy ruling — possibly by tomorrow.
Jordan is charged with two counts of homicide following the death of his father’s pregnant fiancée, Kenzie Marie Houk, 26. She was fatally shot Feb. 20, 2009, in the New Beaver Borough farmhouse she shared with Jordan, then 11, his father and her two daughters.
Jordan, charged as an adult the next day, has been in the Edmund L. Thomas Adolescent Center in Erie since March 2, 2009.
After two and a half years of legal wrangling, the case was transferred to juvenile court Aug. 23.
A hearing was scheduled for September and Lawrence County Judge John W. Hodge ordered proceedings closed, as is traditional in juvenile court matters.
When three newspapers, including the New Castle News, appealed the closing to the state superior court, Elisco filed a motion seeking Jordan’s temporary release. That hearing was conducted Wednesday.
Elisco is asking the appeals court to order Jordan’s release, saying continued detention violates the state juvenile act. In his appeal, Elisco said that under the act, if a petition is filed alleging a child to be dependent or delinquent, the court must schedule a hearing within 10 of the filing or release the child from custody.
He said he is pleased with Wednesday’s proceedings, heard by Judges Christine L. Donohue, Anne E. Lazarus and Paula Francisco Ott.
Elisco said Ott, a juvenile court judge for 18 years, called the case “troubling.”
“She asked if he was getting treatment, schooling,” Elisco said.
Ideally, he said, the court will order Jordan to be released pending the scheduling of a hearing.
“This is what we want, but we have no guarantee that they will do this. But if Jordan is ordered released, as we hope, we will have 60 days to schedule a hearing.”
If Jordan is not ordered released, Elisco continued, a delinquency hearing must he scheduled before Hodge within 10 days.
The judges said Hodge could have held the detention hearing last month after an appeals court panel rejected the newspapers’ petition to open proceedings, Colafella noted.
“But Hodge said the appeals court had jurisdiction and he couldn’t act.”
Debbie Houk, Kenzie’s mother, said she is hopeful the case will get under way soon.
“The judges said they may hand down a ruling by Friday,” she said. “I hope they do. I see no reason not to start.”
But she doesn’t think the judges will give Elisco what he is asking.
“They said he will have 30 days to appeal their ruling,” she said. “They said if he notifies the prothonotary’s office that he will not appeal, the case won’t be held up and the hearing can be scheduled for early April.”
Senior Deputy Attorney General Anthony J. Krastek, who will prosecute the case in juvenile court, said he is prepared to proceed immediately.
“From what I understand, they intend to rule quickly and to direct us to act quickly.”
Krastek said he is prepared to do just that.
Attorney Steve Colafella of Monaca, new to the defense team, said Hodge has asked to meet Thursday with all attorneys involved in the case.
“I expect that we’ll be discussing possible scenarios,” he said. “Whenever happens, we will have options to consider.”
Colafella said he has met with Jordan in Erie.
“He’s having a hard time understanding the protracted legal wranglings but he’s coping as well as he can.
“He’s anxious. He’s just a kid.”
(Email: nlowry@ncnewsonline.com)
Jordan Brown Case
Related Photos
Discussion
Jordan Brown may be released; decision could come this week
- Jordan Brown Case
-
-
Prosecutors granted stay in Jordan Brown decision
A hearing on the status of a boy accused in a 2009 fatal shooting has been canceled. The hearing on 15-year-old Jordan Brown’s detention had been planned for Lawrence County Court today, but was canceled after prosecutors requested, and received, a stay in the proceedings.
-
Jordan Brown Case: Next step unclear, attorneys say
The Jordan Brown case has stretched into its fifth year. But it is not over yet. And the lawyers representing the 15-year-old don’t know exactly what will happen next.
-
Jordan Brown Case: Victim’s parents ‘devastated’ by ruling
Kenzie Houk’s parents are devastated — again. The first time was when she was fatally shot in February, 2009. The second time was Wednesday, when they learned of a ruling by the Pennsylvania Superior Court.
-
Appeals court overturns Jordan Brown ruling
A Pennsylvania appeals court has overturned the Jordan Brown decision in Lawrence County. As a result, a new juvenile proceeding will be needed for the now-15-year-old accused in the 2009 shooting death of his father’s pregnant fiancée, Kenzie Houk.
-
Jordan Brown heading to George Junior
Jordan Brown is moving closer to home. At a hearing Thursday, Judge John W. Hodge approved transferring the 15-year-old from a facility in central Pennsylvania to one in western Pennsylvania. Jordan was in the courtroom, which was closed to the public.
-
Jordan Brown Case: Observers comment on teen’s first treatment review
Kenzie Houk’s family and friends fear Jordan Brown is not receiving the help he was promised. After Friday’s evaluation hearing, the father and sister of the woman Jordan had been found responsible for killing expressed concerns the teen may be a victim of abuse perpetrated by the system, his family and defense counsel.
-
Jordan Brown Case: Victim’s family disappointed at evaluation report
Jordan Brown visited Lawrence County on Friday. As in the past, he said nothing. In April, Jordan, 15, was found responsible for the 2009 deaths of his father’s pregnant fiancée, Kenzie Marie Houk, and her unborn child.
-
Evaluation hearing scheduled for Jordan Brown
An evaluation hearing for Jordan Brown is scheduled for Nov. 2 at the Lawrence County Government Center. The 15-year-old was found responsible for the 2009 deaths of his father’s pregnant fiancée, Kenzie Marie Houk, and her unborn child.
-
Judge rules Jordan Brown must go to a juvenile facility in Kenzie Houk slaying
After 1,173 days in an Erie holding facility, Jordan Brown is headed to a juvenile facility for counseling and treatment. Lawrence County Judge John W. Hodge made that decision regarding the 14-year-old yesterday.
-
Jordan Brown's attorneys to appeal delinquency decision
An appeal is planned in the homicide case of Jordan Brown. Defense attorney Dennis Elisco confirmed Friday that an appeal will be made, claiming a lack of evidence.
- More Jordan Brown Case Headlines
-
