NEW CASTLE —
Jordan Brown will not be released.
Lawrence County Judge John W. Hodge Tuesday rejected arguments of defense attorney Dennis Elisco to release the boy pending his hearing. Hodge set Tuesday as the hearing date.
As a result, the 14-year-old will remain in the Edmund L. Thomas Adolescent Center in Erie. He has been there since March 2, 2009.
Jordan is charged with two counts of homicide in the shooting of his father’s pregnant fiancée, Kenzie Marie Houk, 26, on Feb. 20, 2009. He was 11 at the time.
In a closed courtroom with only attorneys, three witnesses and both sides’ immediate family, the judge considered Elisco’s arguments to free Jordan and those of senior deputy attorney general Anthony J. Krastek to keep him in custody pending his juvenile hearing.
Jordan also was in the courtroom.
His attorneys, Elisco and Stephen Colafella of Beaver County, maintain his three years in custody is in violation to his constitutional right to a speedy trial, and contrary to Pennsylvania’s Juvenile Act, which requires the equivalent to a trial to be conducted within 10 days of a petition being filed against a child.
Jordan originally was charged as an adult. After years of legal wrangling, his case was transferred to juvenile court on Aug. 23. A hearing before Hodge was scheduled for Sept. 27, but on Sept. 15, the judge excluded the news media and public from the proceedings. The New Castle News and two other newspapers petitioned to open the hearings, which Hodge denied. They appealed to the Pennsylvania Superior Court, which ruled Feb. 22 the proceedings would be closed.
Tuesday, Houk’s mother Debbie Houk said she had anticipated being called as a witness, but was not. She said the witnesses were two juvenile probation officers and David Acker, Jordan’s former defense attorney.
She said Acker testified that after the case was sent to juvenile court, the defense waived Jordan’s detention hearing.
Under the juvenile law, detention hearings are conducted within 72 hours of a child being taken into custody. They are to determine if the juvenile will remain in custody. At the time, Acker said the defense had waived the hearing because of the seriousness of the offense.
Houk also said Jordan is expected to be housed in the Lawrence County jail during next week’s trial.
Tuesday’s hour-long hearing was in Courtroom No. 1. News media gathered were barred from the second floor where the courtrooms are.
Lawrence County Sheriff Perry Quahliero, who stood at the top of the stairs, said he was trying to maintain order and was concerned members of the Houk and Brown families would become emotional if questioned by the media.
After the session, Colafella said the hearing was to resolve the question of Jordan’s detention.
“He’s been detained way too long.”
Colafella said the defense requested Jordan’s immediate release to the custody of his father, Chris Brown.
Noting Jordan is now well over 6 feet tall, he said, “He’s grown physically, but not emotionally, due to where he is.
“His situation is complicated, unusual and unfortunate.”
The Erie facility, Colafella said, is a temporary holding center.
“While he is safe there, he hasn’t received counseling and teaching that he’s needed and hasn’t forged relationships.
“We need to get something going. We are prepared to go to trial.”
Colafella said he will handle Tuesday’s hearing.
He said no testimony regarding Jordan’s alleged responsibility in the shooting was given Tuesday, adding both sides are anticipating a quick resolution.
Because Jordan was ordered to remain in custody, Colafella explained, the hearing had to be scheduled within 10 days.
“We — both sides — were ready to go in September,” he said. “Then the news media intervened. We hadn’t anticipated that would delay things for six months.”
(Email: nlowry@ncnewsonline.com)
Hot Topics
Related Photos
-
Stephen Colafella of Beaver County, an attorney for Jordan Brown, speaks with the media following Tuesday’s hearing. Debbie Wachter
Discussion
Judge says no to releasing Jordan Brown; hearing set for Tuesday
- Hot Topics
-
-
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.
-
Local officials keep hope alive for track
Penn National Gaming’s plans to proceed with an Austintown racetrack has not killed hopes for a Lawrence County track/casino. “We’re still in a holding pattern,” state Sen. Elder Vogel Jr. said.
-
Ohio gives Penn National the go-ahead
The Ohio Racing Commission Wednesday gave Penn National Gaming the green light to relocate two racetracks. The approval was unanimous to transfer a thoroughbred racetrack from Columbus to Austintown and a harness track from Toledo to Dayton.
-
Ohio tracks still waiting for design decision
The wait for a racetrack in Austintown continues. The Ohio State Racing Commission members Tuesday agreed to extend the time it will take to reach a decision on the design of racetracks proposed by Penn National Gaming Inc.
-
Authority to vote on Citigroup for track bond issue
A county authority will vote publicly on an underwriter for a revenue bond issue for a proposed racetrack. The Lawrence County Industrial Development Authority will meet at 10 a.m. April 24 at the Lawrence County Economic Development Corp. office to act on the county commissioners’ recommendation of Citigroup Global Markets Inc. as the lending institution for a revenue bond.
-
Citigroup to underwrite county’s track financing
Citigroup has been chosen to underwrite the county’s share of financing for the racetrack/casino proposed for Mahoning Township. The bank will issue bonds or notes to finance part of the $400 million project proposed for Lawrence County.
-
Ohio’s demands to delay Penn National progress
Penn National Gaming will have another six months to meet Ohio Racing Commission demands. In a special meeting yesterday, commission members asked Penn National to redesign the $125 million racetrack set for Austintown.
- More Hot Topics Headlines
-
