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Lawyer seeks juvenile court for boy, 11, accused in woman's death

By Laura Dolan, CNN
Jordan Brown is accused of killing his father's girlfriend, who was eight months pregmant. He was 11 at the time.
Jordan Brown is accused of killing his father's girlfriend, who was eight months pregmant. He was 11 at the time.
STORY HIGHLIGHTS
  • Boy is expected to be tried as adult in death of his father's pregnant girlfriend
  • His attorney has asked that he be tried in juvenile court
  • Jordan Brown is suspected in the death of Kenzie Marie Houk, who was 8 months pregnant
  • He is thought to be the youngest person facing a life sentence without parole
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(CNN) -- Attorneys for a boy accused of killing his father's pregnant girlfriend have asked a Pennsylvania court to overturn a lower court's decision to try him as an adult.

Lourdes Rosado appealed the decision Tuesday on behalf of Jordan Brown, who is suspected in the death of Kenzie Marie Houk. Brown faces life in prison without parole.

Houk was eight months pregnant, and the child was also killed. Brown was 11 at at the time of the deaths.

His attorney has said Brown should be tried in juvenile court, pressing the Superior Court to review an earlier ruling that labeled his client a poor candidate for rehabilitation, which allows him to be tried as an adult.

"Pennsylvania law does not require that a person admit guilt to show they are amenable to treatment," Rosado said.

But the attorney general's office has deferred to the ruling.

Lawrence County Judge Dominick Motto "ruled based on the evidence, and he was within his authority to do that," said office spokesman Nils Frederiksen.

The boy was arrested in February 2009 after police say he shot Houk once at point-blank range in her farmhouse in western Pennsylvania.

Brown, who was living with his father at the time, was charged with one count each of criminal homicide and homicide of an unborn child in the death of Houk, 26.

Houk's 4-year-old daughter found her in her bed, according to police. The child alerted landscapers working near the home, who called authorities.

The weapon was a youth model 20-gauge shotgun, designed for use by children, that belonged to the boy, according to investigators.

Pennsylvania has one of the most stringent laws in the country affecting juveniles, Rosado said.

Anyone older than 10 who has committed a murder or homicide is automatically tried as an adult, according to Pennsylvania state law.

The burden of proof is on the defense to downgrade a suspect to the juvenile court, Rosado added.

Brown is thought to be the youngest person facing a life sentence without the possibility of parole, according to an Amnesty International statement.

"Children lack the capacity to truly understand the impact of their actions, as they are still developing physically, mentally and emotionally," Amnesty spokesman Folabi Olagbaju said. "They require special consideration in the criminal justice system."

Brown's father, Chris, says he believes that his son is innocent. He travels more than an hour each day to visit him in prison.

"He's never lied to me about anything, and I have no reason to believe he's lying right now," the elder Brown said of his son's innocence claim.

But Houk's mother, Debbie, said she wants the boy to be tried as an adult.

"I've lost my daughter and my grandson," she said. "Ain't nothing going to bring her back, and justice needs to be served."

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