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October 1, 2009

Court Updates: Jordan Brown, Nicholas DeRosa

Lawrence County Judge Dominick Motto has ruled there is sufficient evidence to hold 12-year-old Jordan Brown on homicide charges.

This morning, the judge denied the defense’s request for habeas corpus — which would throw out the case.

Motto also refused to suppress statements made by the boy to Trooper Janice Wilson at Mohawk Elementary School on Feb. 20.

In addition, he said no to the request to suppress items the state police had obtained through a search warrant served at the boy’s New Beaver Borough home the same day.

However, Motto did grant the defense motion to suppress items obtained by police searching Mohawk Elementary School on Feb. 23, and he extended the time the defense has to file pretrial motions.

Jordan is charged with two counts of homicide in the death of his father’s pregnant fiancée, Kenzie Houk, 26. She was shot in the back of the head Feb. 20 in the bedroom of the farmhouse she shared with Jordan, his father, Chris Brown, and her daughters, Jenessa and Adalynn.

Defense attorneys David Acker and Dennis Elisco last month asked that charged be dismissed because District Attorney John Bongivengo had not presented enough evidence to establish that Jordan had been involved.

Jordan, who is charged as an adult, has been living at the Edmund L. Thomas Adolescent Center in Erie since March 2.

Acker said he expects to file papers this week asking that the case be heard in juvenile court.

In an unrelated court action today, Nicholas DeRosa entered a not guilty plea in federal court to charges involving a mortgage fraud investigation.

A federal grand jury indicted the retired New Castle school administrator on one count of bank fraud, two counts of mail fraud and one count of money laundering conspiracy. The charges, announced July 14, are the result of an investigation involving Affordable Housing of Lawrence County and First Commonwealth Bank.

DeRosa, 64, of 221 N. Cascade St. appeared before U.S. Magistrate Judge Robert C. Mitchell during the half-hour arraignment in downtown Pittsburgh. DeRosa is represented by Pittsburgh attorney, Efrem M. Grail.

DeRosa requested a jury trial, which is expected to last two weeks. A trial date has not been set. Pretrial motions must be filed within 10 days. However, Mitchell is expected to extend that period.

DeRosa was released on a $10,000 unsecured bond with his travel restricted to western Pennsylvania unless the court allows otherwise.

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