THE DEFENDANT
On April 28, the 14-year-old defendant’s MySpace page showed a picture of him and the 3-year-old victim sitting together. It indicated he last logged in on April 22, a day before his arrest in connection with the girl’s rape and slaying. His profile read, “What now just dont (sic) know any more.” He listed his residence as a “crack house near u” and used an expletive to describe his mood.
Today’s first hearing for a 14-year-old accused of raping and killing a 3-year-old girl could signal the start of a process to determine if he should be tried as an adult, according to juvenile court officials.
Hamilton County Juvenile Court director George B. LeNoir said that in serious juvenile cases, the critical decision by a juvenile court judge can determine a teen’s chance of rehabilitation among peers or the possibility of years of incarceration with adult felons.
The decision to prosecute a young teen as an adult is one of the few within the Tennessee legal system that cannot be reversed through an appeals process, Mr. LeNoir said.
Sending a juvenile case to criminal court “is not something to be done lightly,” said Mr. LeNoir. “Proceedings like this can go on for a very long time.”
A date to begin such proceedings, often called “transfer hearings,” likely will be set at today’s hearing. Preliminary matters to be discussed today could include the possibility of a psychological evaluation and the 14-year-old’s family history, court officials said.
Prosecutor H.C. Bright said he could not comment on details.
Proceedings in juvenile court are closed to the public.
Authorities arrested the teen on April 23, charging him with felony murder by aggravated rape of a child and aggravated rape of a child. He was living with his mother, Constance Lavoie-Hammer, in Georgetown, Tenn., at the time, and any history he has within the juvenile justice system has not been made public.
The 3-year-old victim had been living in the home but was not a relative. Her mother, Marie Trentham, last month told the Times Free Press that she gave her daughter to her friend, Ms. Lavoie-Hammer, because she felt she could not care for the child on her own.
Fewer than 10 percent of juvenile offenders are tried as adults in Hamilton County, records show. But the number has been rising because of the changing landscape of juvenile delinquency, officials said.
“Unfortunately, we have seen an increase in violent crime among youth over the years,” Hamilton County District Attorney Bill Cox said.
Once a teen hits 18, he or she automatically is considered an adult.
According to Tennessee law, only juveniles 16 or 17 can be prosecuted as adults unless certain “aggravated” charges such as murder and rape are involved. Older juveniles who are repeat offenders also can be prosecuted as adults for nonviolent crimes.
Still, Mr. LeNoir said, children under 16 accused of committing murder or rape are not automatically prosecuted as adults.
The juvenile court judge first must look at the case with a “higher level of scrutiny” when deciding whether a crime has been committed, Mr. LeNoir said. It is a higher burden than what a grand jury, the body of lay people that indicts adults for crimes based on “probable cause,” faces because consequences are more serious for young offenders prosecuted as adults, he said.
The extensive rehabilitative services available to juveniles are not a possibility if one is convicted and sent to prison in the adult system, he said.
An analysis of various factors, such as age, the nature of the crime and whether a juvenile can be helped through treatment also are considered when deciding whether to try a juvenile as an adult.
Where is the justice? All over the world teenagers are sentenced to years for such crimes. I wonder what would be done if this happen to someone young child,that works in the justice system. Wake up america. God is watching everything that is going on. The child's mother needs to be compensated. Everyone has to pay for their sins.
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