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Thursday, June 24, 2004

Jury finds 14-year-old guilty


Teen convicted of murder in death of his baby brother

By Meagan Pollnow
Enquirer Staff Writer

HAMILTON - A Butler County Juvenile Court jury on Wednesday convicted a 14-year-old of killing his 13-month-old brother last year.

It was the first time in the county that a teen was convicted by a juvenile court jury, and it could land him in juvenile prison for more than six years.

The jury of three men and nine women deliberated for about four hours before finding the teen guilty of child endangerment and murder in the June 16, 2003, death of his brother.

The teen stood, blinking back tears as the judge read the verdict* During the trial, he held a light blue rosary and often looked down at the desk in front of him.

His mother, charged with involuntary manslaughter and child endangering in the case, was allowed by the judge to hug her son before he was taken from the courtroom. They sobbed and she told him, "I love you. Don't let them push you around. We can work on this."

The 13-month-old died of a ruptured heart, the coroner testified. But, how the child's heart ruptured was the crux of the case.

The teen's lawyer, Bradley Carmella, argued that the death occurred while the 14-year-old and another brother were improperly administering CPR and should have been ruled an accident.

Prosecutors said the teen admitted to hitting his brother with a metal bar and choking him after the toddler wouldn't stop crying.

Assistant Prosecutor Greg Stephens said he was pleased with the jury's decision.

"We tried to get as much justice as we could for the baby and I think we did that," he said.

Carmella said he was disappointed: "I don't quite understand how they could reach their conclusion."

The grandmother to both boys said she didn't think the verdict was fair.

"I don't know what happened that day, but I don't think he's responsible," she said.

When he's sentenced Aug. 13, the teen faces a juvenile prison sentence that could extend until he reaches age 21. He also could be sent to the adult prison system if he commits a new crime or fails to complete juvenile rehabilitation programs.

---

E-mail mpollnow@enquirer.com




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