political fix is in

It took all day yesterday for the enormity of Jordan Brown’s predicament to sink in. I was at a loss to understand the judge’s decision. The defense attorneys had told me he was a straight-arrow; in their experience Judge Dominick Motto had a reputation for fairness. Yet he had gone along with the prosecution’s absurd argument that Jordan cannot be rehabilitated unless he stops maintaining his innocence and admits to the crime before it has been proved whether or not he even committed it, and that failing an admission of guilt, Jordan must therefore be declared an adult.

Does this mean that children in Pennsylvania do not have the right to plead innocence when wrongfully accused of murder? Whatever happened to the presumption of innocence until proven guilty?

And how could this judge have been persuaded by the state’s inconclusive “evidence” that Jordan could have even committed this crime? What can have been the judge’s real motivation?

“I just don’t get it,” I said to myself. We met the statutory requirements for proving Jordan’s “amenability to rehabilitation,” and were supported in our arguments by Dr. Kurt Heilbrun, possibly the leading adolescent psychologist in the country. The prosecution is remaking the rules to suit themselves, and has apparently gotten the judge to go along.

Chris called me on his way home from Erie, where he’d gone first thing after hearing the news of Judge Motto’s decision. He wanted to be the first one to tell Jordan. Chris said Jordan “cried and cried.”

“How is Jordan putting it all together?” I asked. “What does he think is going on?”

“He’s trying to understand. He asked some good questions about whether there would be a fair jury, but the whole situation is even beyond my comprehension. How can you expect a kid to understand what’s happening when we don’t even understand?” he replied. “There’s something else at play that we don’t know about.”

“I’ve been thinking about this all day, Chris, and the only thing that makes sense to me is that there’s been a political fix agreed to. Unless they’ve fabricated some kind of ‘bombshell’ evidence we don’t know about (and they’re not allowed to withhold evidence), they know and we know they’re empty-handed of proof. The state knows it’s screwed up and they’re trying to force us into accepting a plea that will be face-saving for them and will prevent us from going after the state and its officials when the truth comes out,” I said.

Sure enough, by day’s end KDKA was reporting that the prosecution had signaled that they’re willing to be flexible about the penalty they’ll go for if the defense will deal.

Jordan’s attorney Dennis Elisco was quoted as saying that he and David Acker are considering making an interlocutory appeal of the judge’s decision.

According to Wikipedia: An interlocutory appeal is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, some jurisdictions (including Pennsylvania) can make an exception for decisions which are particularly prejudicial to the rights of an accused.

This judge is obviously no longer impartial and should have his decision reviewed and overturned by a court not influenced by politics but guided by the law.

There is more riding on the Commonwealth of Pennsylvania’s getting this right than just young Jordan Brown’s future. People in all parts of the country and from all walks of life are sensing that something has gone horribly wrong in our country when the rights of an innocent child like Jordan can be trampled, and when that child can be designated as a sacrificial lamb and railroaded to perpetuate a broken and corrupt system.

There is a spirit of rebellion spreading in America. Tea Party activists are just the tip of the iceberg. The authorities in Pennsylvania are playing with fire and may unintentionally spawn a firestorm in the streets.


13 Responses to “political fix is in”

  1. March 30, 2010 at 9:48 am

    Following this macabre story from Germany

  2. 2 gloria
    March 30, 2010 at 10:00 am

    outrageous is only one of the many words you can use for this case. outrageous, shameful, sick, evil, cowardice….. sorry my english is very poor but I’m sure someone else could find more words for the unfairness of this case. This case really stinks, and every american should be sick worried because if this is happenning no child is safe anymore. Today it’s Jordan brown tomorrow it will be another kid.

    • 3 Dave
      March 18, 2015 at 12:16 pm

      Jordan Brown is not the only kid in Lawrence County, PA getting a bad deal from Judges Motto and Hodge.

      NO SUCH THING as “BEST INTEREST OF THE CHILD” in Lawrence County or “Talk to us, we’ll listen” offered up by the state’s CYS

      My 14 yo grandson ran away from his mother as a result of physical and verbal abuse which was highlighted by a beating from her and his maternal grandfather. Lawrence County DA’s office was not interested in investigating the results of the beating and subsequent ER report from Jameson Hospital after they found out the grandfather is a locally prominent political figure.

      The child ran to his father in Westmoreland Co in November, 2013. The father drove 1-1/2 hours each way from Greeensburg to Neshannock daily so the child could finish his school year. In September, 2014 he was enrolled in 8th grade at Hempfield Middle School.

      There have been four (3) judges recused in this custody case so far (Hodge; Fike, brought in from Somerset Co.; Fornelli, brought in from Mercer Co.). Judge Piccione, a relative by marriage to the mother and grandfather, refused to recuse but left the bench for medical reasons last Fall.

      During the custody trial with Motto in January, Three (3) psychologists (all appointed by the court, and one paid by the court) each separately recommended and testified the child be placed in the full custody of the father as placing him with the mother would result in a disaster for the child. Each opined the mother needed counseling.

      Judge Motto disregarded the child’s testimony as well as the 3 psychologists recommendations and ruled he must be returned to his mother’s custody 3/22/15 and pulled out of his current school to return to Neshannock schools.

      A request for a “stay” to the order until an appeal to Superior Court could be heard was denied.

      One last thing…the grandfather has told the child “you will never live with your father, I have this all worked out so that it won’t happen”.

      The “good old boy’s network” is alive and well in Lawrence County, PA. I am aware of several other custody cases in Lawrence Co. having a curious twist to them regarding “friends of the court”.

      dandaily–There is much more to this postl, contact me if interested. Thanks for the forum.

  3. 4 chloe
    March 30, 2010 at 12:19 pm

    You need to stop trying to convince the world of PA’s corruption just because things didn’t go your way. Bottom line is, no one can take back what he did, and Judge Motto (a very fair and honest man) is only doing what he must do — prosecute a killer, whether he wants to or not. Stop blaming everyone else for Jordans actions, the reality is HE alone committed this act and the county or state cannot change it to suit your emotions.

    • March 30, 2010 at 1:43 pm

      Hello Chloe,

      I am not “trying to convince the world of Pennsylvania’s corruption just because things didn’t go (our) way.” The state’s actions speak for themselves. Plus, I have seen the state’s evidence, and you have not. All you have seen is the state’s claim that they have evidence, but the evidence they cite has not been examined. Believe me, they’re empty-handed. Jordan is innocent and as such cannot admit to something he didn’t do. It amazes me that anyone can continue to have faith in the integrity of our system after seeing how events have unfolded in Western Pennsylvania.

  4. 6 Mike
    March 30, 2010 at 1:48 pm

    I know one thing and that is, if this court can consider Jordan as an adult then every child\kid in the state of Pennsylvania ought to be considered as an adult as well even the two daughters of Houk and start letting them do adult things such as being able to drink, smoke cigs, gamble, have sex, and anything else that an adult can do in that state if they (the child\kid) want to do. And also if anyone in Pennsylvania wants to treat a child like an adult (even the two daughters of Houk) they ought to be able to regardless of what the situation is without any one saying a thing about it or getting in trouble (i.e. – if a 30 year old man wants to beat up a 12 year old boy because he tried to steal something from him then so be it) because – Pennsylvania government doesn’t recognize children and the state of Pennsylvania (according to them) doesn’t have children only adults.

    Regardless of what anyone says, Jordan doesn’t understand what is going on, and those in government in Pennsylvania are one-sided and to the point that is they hate children and probably their own. Benjamin Franklin one of the Founding Fathers of the United States, a newspaper editor, printer, and merchant in Philadelphia, a major role player in establishing the University of Pennsylvania, and a statesmen who died in Philadelphia, Pennsylvania said himself – “Educate your children to self-control, to the habit of holding passion and prejudice and evil tendencies subject to an upright and reasoning will, and you have done much to abolish misery from their future and crimes from society.” This group in Pennsylvania now do the opposite because they teach their children in that state to hate and they give them reasons to do wrong things and why, because they don’t believe in them and they don’t have the need nor time for them. Pennsylvania is like Vulgaria in the movie “Chitty Chitty Bang Bang” it’s a land where children are forbidden.

  5. 7 gloria
    March 30, 2010 at 2:26 pm

    what I found quite funny (well not really funny, because there’s nothing funny in what’s happenning to this CHILD NO ADULT,the capital letters doesn’t mean I’m shouting just stating the obvious) is that first it was told that because Jordan muffled the shotgun he must be considered an 18 year old and adult(still I don’t believe an 18 year old boy is an adult but is getting there). Now, how that evidence about the blue blanket used to muffled the shotgun turned out to be false, they say that he is an adult because he doesn’t confess a crime he did not commit.Mr dailey is right when he says what happened to the innocent until proven guilty? I don’t know you people, but I found it quiet an insult to intelligence people that reason they gave to try him as an adult. It reminds me of that other lawyer who said about a nine year old that killed (I’m not sure, but I think it was Cameron Chrocher, correct me please if I’m mistaken)tha Cameron must be considered an adult because he lied, and lying is a thing that only adults do. ( Ok, now people I dare you all to try and say that with an straight face, not laughing please)

  6. 8 Stephanie
    March 30, 2010 at 2:37 pm

    Stunned! I am completely stunned and heartbroken for this little boy and his father.

  7. 9 gloria
    March 30, 2010 at 2:39 pm

    btw Chloe, is not pennsylvania 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?
    so after that I think it’s been pennsylvania who is convincing the rest of the world about corruption, Mr dailey is just stating the obvious.

  8. 10 Cathy E.
    April 20, 2010 at 4:19 pm

    Do you know what happens now for Jordan? I pray daily for this child and his family. It’s heartbreaking to see how the cards have been stacked against him. It’s so obvious to even an untrained eye that Judge Motto has already judged Jordan guilty. Is there a possibility for a change of venue? Can his attorneys appeal the recent ruling?

    There is a website to assist Jordan’s family with legal fees; expert witnesses, etc. I donated to it. I hope a lot of people donate. I read in the blogs that Chris Brown works as a warehouseman and has extremely limited resources. The attorneys are working pro bono, but litigation costs money—fees, expert witnesses—travel expenses, etc.

    I think the website is savejordangrowm.org….

  9. 11 Cathy E.
    April 20, 2010 at 4:20 pm

    I would like updates if anyone has any news about this……

  10. 12 Stephanie
    April 20, 2010 at 4:44 pm

    I have donated $50. My husband was a little surprised, he thought it was too much considering our finances right now. But, there are only a few times in my life where I felt such a strong pull towards actually doing something instead of just reading a sad story and feeling bad. I know the courts may see this little boy as just another case of a boy from a broken home who did a bad thing because he didn’t get his way. My gut tells me he is an exception. I believe in his innocence and I believe he can grow up to be a loving, compassionate adult despite the horrific last year of his life. I can’t help but think of you everyday Jordan.

  11. 13 Cathy E.
    April 20, 2010 at 6:22 pm

    I agree. I believe he is an exception. I believe God has not forgotten this kid or his family. I am trusting God to turn this situation around so that Jordan can have a chance in life.

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