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Thursday, June 20, 2002

Teen convicted under 'serious juvenile offender' law




By Janice Morse, jmorse@enquirer.com
The Cincinnati Enquirer

        HAMILTON — Butler County's first use of the new “serious juvenile offender law” has resulted in the conviction of a 14-year-old St. Clair Township girl in the March knife attack on another teen.

        The girl, whom Judge David Niehaus found guilty of felonious assault, is set for sentencing July 2 in Juvenile Court. She faces a possible “blended sentence,” a term in a juvenile facility and a potential adult prison term, Assistant Prosecutor Greg Stephens explained.

        Now held in the county Juvenile Detention Center, the girl will be sentenced to at least 12 months in a juvenile facility. If the judge specifies an adult term — which could run two to eight years — it would take effect only under certain conditions.

        The girl would have to commit another felony-level offense or a misdemeanor violent crime while locked up or while under “post-release control,” similar to probation, Mr. Stephens explained.

        In another Greater Cincinnati case tried under the new law, a Hamilton County jury was unable to reach a verdict in the case of an Avondale girl charged with felonious assault and involuntary manslaughter in connection with the death of her father, who was splashed with bleach.

        That teen pleaded guilty to a reduced charge of aggravated assault this week; prosecutors withdrew the “serious youthful offender” classification from that case.

        Normally, judges or magistrates hear cases involving juvenile defendants. But the new law gives juveniles the right to a trial by jury. The Butler County girl waived that right, and Judge Niehaus convicted her last week and ordered a psychological evaluation to aid him with sentencing.

        Despite Hamilton County's case, Mr. Stephens said Butler County's experience with the new law has been good overall.

        “From our experience, we have not experienced any downsides to it,” he said. “It makes me feel better, even as a member of the general public, that we have this option for situations like this.”

        The teens, ages 14 and 16, had been friends who lived a few blocks apart. They even had run away together, Mr. Stephens said, but they began arguing over a missing cellular telephone.

        A street fight ended with the 16-year-old suffering knife wounds to her face, neck and chest, and the 14-year-old in police custody.

        The victim's wounds required 30 stitches; she may require plastic surgery to repair the damage, Mr. Stephens said.

       



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