Handing over prosecution of the Jordan Brown case to the Pennsylvania attorney general’s office will not necessarily delay proceedings.
Jordan, 12, formerly of New Beaver Borough, has been charged as an adult with two counts of homicide following the Feb. 20 shooting death of his father’s pregnant fiancée, Kenzie Marie Houk.
On Monday, Joshua Lamancusa said the legal ethics and professional responsibility committee of the Pennsylvania Bar Association determined he has a conflict of interest that disqualifies him and his staff from involvement with the case.
Lamancusa, Lawrence County’s district attorney-elect, explained he had provided legal advice to Chris Brown, Jordan’s father. He would not say if the advice involved the boy’s case.
After receiving a letter from the state bar association, Lamancusa said, he faxed it to the attorney general’s office and requested someone be assigned to prosecute the case.
Kevin Harley, a spokesman for Attorney General Tom Corbett, confirmed Lamancusa unofficially had asked the attorney general’s office to take over the case.
“We will be taking the case,” Harley said, “But (Lamancusa) can’t officially make the request or turn over case files to us until he is sworn in to office on Jan. 4.”
When that happens, Harley said, a prosecutor will be assigned and will review the case files.
The next scheduled court proceeding, a request to transfer the case to juvenile court, is Jan. 29.
Harley pointed out he couldn’t say if a prosecutor would be assigned and have time by then to get up to speed on the case.
“I can’t say right now if we will be asking to continue the case. A lot of this depends on who gets the case, what they learn from the files and what they will be able to do.”
An extension could be requested if additional time is needed. The hearing on the juvenile court transfer request had been scheduled for Dec. 10. It was delayed to Jan. 29 because of the unavailability of a defense witness. Another delay also must take into consideration that witness’ availability.
Attorney David Acker, who with attorney Dennis Elisco is defending Jordan Brown, said he did not believe transferring the case would delay proceedings.
“It’s hard to say. They are efficient in the AG’s office.”
Lawrence County’s current district attorney, John Bongivengo, has been handling prosecution of the case.
“This (transfer to the attorney general’s office) will not change our plans,” Acker said.
“It is still up to the judge to decide if the case will go to the juvenile system and we still have the same discovery issues.”
Acker said he expects to file a motion next week again asking that statements Jenessa Houk, Houk’s older daughter, had made to the district attorney and his staff prior to the March 25 preliminary hearing be provided to him.
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