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Friday, March 08, 2013

Ind. Decisions - More on: Supreme Court denies transfer in Gingerich [Updated]

Updating this ILB entry from this morning, Charles Wilson of the AP now has a story with some comments from Gingerich's attorney:

INDIANAPOLIS (AP) — A northern Indiana boy convicted in adult court at age 12 in the killing of a friend's stepfather will get a second chance to be tried in juvenile court after the state's top court refused to hear his case.

A Kosciusko County court sentenced Paul Henry Gingerich in 2010 to 25 years in prison, saying he and two other boys conspired to fatally shoot 49-year-old Phillip Danner in a plot to run away to Arizona.

In December, the Indiana Court of Appeals threw out Gingerich's guilty plea and sentence, saying a juvenile court judge rushed when he waived the case to adult court. The appellate court ordered a new hearing to determine if Gingerich should be retried in a juvenile court.

The Indiana attorney general's office appealed to the Supreme Court, arguing that Gingerich had signed a plea agreement and waived his right to appeal his conviction. On Thursday, the state Supreme Court upheld the appellate court's decision.

Gingerich's attorney, Monica Foster, said Gingerich phoned her from prison Friday.

"He's a very, very quiet kid, but he was very happy," she said.

Foster said the next step will be another waiver hearing in juvenile court to decide whether Gingerich should be retried as an adult.

"They'll be looking at it as if he were a 12-year-old," she said. But, she added, his behavior in prison would weigh in his favor.

While the state could ask the U.S. Supreme Court to hear the case, Foster doubted the justices would take it up because it involved state law.

[Updated at 3 pm] Tim Evans of the IndyStar has now filed a long story including reactions from Monica Foster, Gingerich's appellate attorney, and the Indiana Attorney General's office.

Posted by Marcia Oddi on March 8, 2013 01:23 PM
Posted to Ind. Sup.Ct. Decisions