March 15, 2010 3:29 PM

12-Year-Old Boy Jordan Brown Should Be Tried as an Adult for Murder, Doctor Argues

By
Kevin Hayes
Topics
Daily Blotter

Jordan Brown (Credit: AP Photo/Lawrence County Prison)

NEW CASTLE, Pa. (CBS/AP) A boy who was 11-years-old when he allegedly murdered his father's pregnant fiancee with a shotgun has a "very limited" likelihood of being rehabilitated through the juvenile court system, a psychiatrist hired by state prosecutors said.

PICTURES: Kenzie Houk Murdered

A judge will now weigh that in deciding whether Jordan Brown, now 12, will be tried as an adult or have his case moved to juvenile court.

The 12-year-old faces up to life in prison if he's convicted of the Feb. 20, 2009 murder of 26-year-old Kenzie Houk and her nearly full-term son as she lay in bed in their New Galilee farmhouse. If the case is moved to juvenile court, the longest Brown could remain incarcerated or on probation would be about nine years - just until he's 21-years-old.

Under Pensylvania law, in order to move the case Brown's attorneys must prove he would be more "amenable" to rehabilitation in the juvenile system.

Dr. John O'Brien, hired by state prosecutors, said Brown's "amenability to rehabilitation, in my opinion, is very limited." Brown was jealous of the son of his father's girlfriend before Houk, O'Brien said. And Brown may have resented plans to make him move out of his room to make space for the son Houk was expecting, O'Brien said.

Deborah Houk, the victim's mother, rejected jealousy as a motive, saying after the hearing that Brown was simply "evil." "He's not admitting it but, if he did, it would be a lot easier on everybody," her husband, Jack Houk, said.

But Brown's attorneys disagree. A defense expert who testified in January said Brown was a "low risk" for future violent behavior, but didn't consider the criminal allegations in reaching that conclusion.

After the hearing, defense attorney David Acker repeated allegations recently raised by Brown's family that Houk has an ex-boyfriend who threatened her and supposedly "confessed" to friends at a party that he killed her. Brown's family contends police botched the case, overlooked other suspects, and wrongly charged the boy.

His father, Christopher, told Good Morning America earlier this week that his son is innocent and is "too young" to appreciate the magnitude of the case. He refused comment as he left the courtroom.

Lawrence County Judge Dominick Motto gave both sides a week to submit written arguments. Motto must rule within 20 days, otherwise Brown will remain in adult court by default.

MEDIA
PICTURES: Kenzie Houk Murdered

MORE ON CRIMESIDER
February 10, 2010 - Kenzie Houk Shot in Cold Blood By 11-Year-Old Jordan Brown, Say Prosecutors
February 10, 2010 - Jordan Brown, 12, Could Be One of Country's Youngest Murder Defendants to Be Tried As Adult




Add a Comment
by Gloria_maria May 2, 2010 7:53 AM EDT
Jordan Brown is innocent, he doesn't take responsability for the crime and doesn't feel any remorse because he didn't kill Kenzie Houk. Why he should feel remorse for something he didn't do? Why he has to confess a crime he didn't commit? I just hope Jordan finds justice finally because all this case really stinks. Jordan has been for more than a year in jail for a crime he didn't commit but everyone is condemning him. The truth is that until now all the evidences presented for the prosecution shows that Jordan didn't kill Kenzie Houk. I would like to know how police can still be claiming that Jordan's shotgun is the murder weapon when evidence shows that it was a handgun and I would like to know what police did of the fact that it seems to be that Kenzie houk recieved death threats from her ex-boyfriend who had restrictions orders on file and this man was heard by his friends on a party while he was drunk an in tears confess to have killed his ex-girlfriend.
Jordan Brown is innocent.
Reply to this comment
by cmdseahorse January 27, 2011 12:15 AM EST
The murder weapon evidence should clear this up easily- something sounds queer in this case- The ex boy friend side of things needs some outside professional attention. Getting to the bottom of this sounds easier than it apparently is, but the prosecution needs to feel American justice at every second on this one - he is a Juvenile and should be tried as one -that is the law . Uphold our laws Judge- stop trying to make a name for yourself, the same for the prosecution, and for the Dr. that thinks he knows everything about little Jordan. If the boy did do it we need to look for the why- involved. did this little boy feel loved or did he feel he was unimportant in this family "tossed salad".
by bbmcrae February 5, 2011 6:20 PM EST
Do you have inside information on this case? Or are you a family friend who's desperately trying to avoid the unpleasant truth?
by jasonrgary April 29, 2010 12:48 AM EDT
Clearly, this child is a sociopath. Sociopaths are incapable of feeling remorse or pity for others. They are calculating, cold, and able to "act normal" consistently. Many sociopaths can "fake" being a productive, friendly member of society, but they are -- and always will be -- amoral, spiteful, emotionless and unpredictable.

There is only one way to deal with a sociopath, unfortunately: and that is to remove him from society *permanently*. You cannot rehabilitate a sociopath. They cannot be "trained" or "counseled." They were born and will die as sociopaths. He is 100% incapable of feeling remorse or moral restraint. As such, this child should either be given a life sentence with no parole, or he should be put to death if he is found guilty beyond a reasonable doubt. Clearly, this will be an unpopular assertion. Nobody wants to believe that a child could be this way -- but, rest assured: this is exactly how all serial killers are as children. The only difference is that this one killed a pregnant women instead of small animals, etc.

If you could travel back in time and put John Wayne Gacy to death at age 12 -- knowing what he would become -- would you not take the opportunity?
Reply to this comment
by cmdseahorse January 27, 2011 12:33 AM EST
You probably couldn't go a day without speeding, lying or commiting some other misdemeanor or worse -You sound like a "intellectual moron" that puts all his trust in psychiatry. Looking at the crap on television these days and the idiocy of many people such as yourself who think a child is a burden on society, you are the sociopath type- with hate in your words towards a child that may have a problem yet has been forced into a prison already. He hasn't been given his right to a trial even yet. -Your comments are the unconscionable result of a lot of half-cocked pea-brained thinking. Innocent until Proven guilty. You act like a retarded commentator that is giving advice on who to place your bet on. I'll bet on the boy getting his fair trial as it sounds like somethings queer with the evidence .Provided it is true that it was even his shotgun and not a handgun that may have been used by the woman's ex-boyfriend- the trial needs to be the deciding factor. Not vigilante morons opinions like Yours!
by anotherlawyer March 16, 2010 12:20 PM EDT
This hired hack for the state needs to be investigated by the media to determine if he has the respect of his peers and the real knowledge to make this call - or if he is someone who routinely hires himself out to support prosecutors who obviously have too much money in their budgets. Will he say anything for money?

The boy's attorneys are not paying their experts - they are all working pro bono right now, and as a result, he is at a serious disadvantage. O'Neil routinely testifies for PA prosecutors as they seek to impose the death penalty or destroy children - and SURPRISE - this monster - this child abusing scum, ALWAYS finds for the prosecution. The fact is, he has NO earthly idea if this boy offended in the first instance and/or if he will offend in the future. He has accepted the prosecution's theory of the case wholesale, and then sought to sell it retail to the judge. ONeil is known as a useless hack to his peers in the legal and medical community - though they don't consider practitioners of junk science to be in their peer groups generally. He is a complete disgrace and ought to be banned from the practice of medicine.

Ask yourself this - are Oneil's views in line - even REMOTELY - with established concepts and ideas relating to juvenile brain development? Does he have a scientific basis for his claim? For instance, does he have empirical evidence that shows that all children who evade responsibility are therefore guilty of the crimes of which they are accused and completely unable to accept guilt later in life? Aren't there alot of folks out there who did awful things as kids - but when we grow up, we realize just how stupid, or horrid it was?

The question is whether or not the judge is a complete sucker. If the Commonwealth of PA can't rehabilliate an 11 year old, then it ought to end the juvenile system now. It's not as though the PA system has anything to crow about - this is, after all, the home of the infamous kids for cash scandal, where juvenile judges locked up thousands of innocent children in brutal prison environments in order to receive cash kickbacks.

Then, this isn't the youngest child tried as an adult in recent memory by PA - Cameron Kocher, at age 9 was charged with willful and deliberate murder of his neighbor by shooting her off the back of a snowmobile. In 1993 he pled guilty to involuntary homicide and never spent a nanosecond in jail. The prosecution's witness in that case ALSO claimed the boy could not be rehabillitated. Kocher has, by all reports, gotten on with his life. He never admitted deliberately pulling the trigger. Of course, the prosecutor in THAT case went on to plead guilty himself - to child sexual abuse. Once a child abuser, always a child abuser. Now that's someone who really can't be rehabillited.

This entire case stinks. The prosecutor is hoping to forward his idea of blended sentences. These Kafka-esque sentences benefit no one but wannabe politicians who claim to be decent but firm. There are people in prison today sentenced at 12 or 13 to blended sentences, but who never have had the chance to get out because of the politics surrounding their cases. Blended is bogus. In Texas last year, they discovered that many of thse children sentenced to blended sentences had been used by youth prison guards for sex - with the promise that they would not have to serve an adult term if they complied with the guards. All blended sentences do is take away the certainty of a relase date that the child can work toward. It's even more cruel than an adult sentence. And worse, it leaves the child offender with an adult felony record that will keep him from ever being able to find employment or get a decent education.

If this kid committed this crime - and that's a big if - then the Commonwealth of Pennsylvania should charge his father for improperly storing the weapon in question. And, the family of the dead woman ought to recognize that she was responsible for the circumstances leading to her own death. No right-thinking Mom lives in a home where kids store loaded weapons under beds. She would have gotten out to protect herself, and more importantly, the other children. Exactly what sort of people are they? How could you blame the kid in these circumstances - he was obviously under tremendous pressure from this woman's family - their hatred of him spills off the front page. That sort of hatred doesn't start overnight - they always disliked this kid and they apparently made it clear. And if the family didn't like the kid, chances are darn good their perspective grew from "Mom's" own perspective.
Reply to this comment
by cmdseahorse January 27, 2011 12:43 AM EST
I will gladly help raise money to pay for your helping Jordan with his defense- the gun issue is Spot On. I live in Jacksonville FL where just this past week a 7 yr old girl accidentally shot herself with her fathers handgun- he is being tried for negligence not the kid and that is how it should be!
by adepelsmaeker2648 March 16, 2010 11:15 AM EDT
I think therapy, rehabilitation for the rest of his life would benefit him. Also he should be in a home program and be monitor rest of his life.
Reply to this comment
by pak31 March 16, 2010 6:26 PM EDT
I agree. I am torn in my feelings about how he should be tried because I understand both sides. BUT, if this kid is going to change they have to start working on him quick. The methodical way he planned and carried out this crime and the way he acted afterward are not typical of any 11 year old. Who thinks that way at that age? What 11 year old has access to bullets, a gun, etc.? I agree that his brain can't process the full extent of what he has done but for a child to even consider committing this type of act is scary enough. He needs close and constant care because if he is released at 21, and someone dies again, that would be very sad.
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