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Tuesday, June 04, 2013

Ind. Courts - "Gingerich Waiver Hearing On Hold"

Updating a long list of earlier ILB posts, Deb Patterson reports today for Stacy Page Online, out of Kosciusko County, in a long story that begins:

The wavier hearing for Paul H. Gingerich, 15, which was set for 9 a.m. this morning, has been vacated with no new date set. A pre-trial conference via telephone will be held at another date with the two attorneys and a special judge.

Indiana Court of Appeals remanded the case of Gingerich’s conviction for conspiracy to commit murder back to Kosciusko County Juvenile Court to rehear the juvenile waiver hearing. The Indiana Supreme Court denied a petition to hear the case.

Gingerich, now 15, is serving a 30-year sentence, five years suspended after pleading guilty in 2010 to an adult charge of conspiracy to commit murder in the April 2010 shooting death of Philip Danner. Gingerich is serving his sentence at Pendleton Juvenile Correctional Facility.

Special Judge James Heuer from Whitley County Juvenile Court has taken under advisement two motions filed, one by the Kosciusko County Prosecutor, the other by Gingerich’s legal counsel, Monica Foster.

On May 6, Kosciusko County Prosecutor Dan Hampton filed a motion for a mental evaluation and transport orders. This request was based on comments by the state’s appeal court justices in ordering the case back to juvenile court.

Hampton has requested the court allow the state the opportunity for a mental evaluation of Gingerich and to have him transported to that facility. Hampton noted in his request that, through the course of the appellate process, the juvenile argued insufficient time established for having mental evaluations by the defense. It was addressed whether it would be in the best interest of the child and for the safety and welfare of the community for the child to remain within the juvenile justice system.

In his filing Hampton noted, “… the State of Indiana believes that the juvenile intends to offer mental evaluation reports of him to this court and, in an interest of justice, the State of Indiana should have the same opportunity.”

Posted by Marcia Oddi on June 4, 2013 03:40 PM
Posted to Indiana Courts