URGENT ACTION: 13-YEAR-OLD BOY

NEW TRANSFER HEARING FOR 13-YEAR-OLD BOY

The Pennsylvania Superior Court has ruled against a lower court decision not to transfer Jordan Brown’s case to juvenile court for trial and has ordered a new transfer hearing. The Acting State Attorney General, who had until 10 April to appeal the ruling, did not do so. He should now drop his pursuit of an adult trial for Jordan Brown. On 11 March, the Pennsylvania Superior Court vacated a decision to try Jordan Brown in an adult court and asked the lower court to re-examine whether his case should be transferred to a juvenile court. This provides the Acting Attorney General with a clear opportunity to reverse his position and argue in favour of a juvenile trial for Jordan Brown. If tried in an adult court and convicted of first-degree murder, Jordan Brown would be sentenced to life imprisonment with no possibility of parole. This sentence, when imposed on anyone who was under 18 years old at the time of the crime, violates international law. The lower court judge had concluded that Jordan Brown failed to prove he could be rehabilitated and treated within the juvenile system, since he did not admit guilt or accept responsibility for the crime with which he has been charged. Jordan Brown’s lawyers appealed the decision, arguing that the way in which the judge had reached his conclusion had violated the boy’s right not to incriminate himself. In its decision on 11 March, the Pennsylvania Superior Court agreed with the lawyers’ arguments. Jordan Brown, who was 11 at the time of the crime, has been automatically charged for trial in an adult court, as required by Pennsylvania law for cases involving murder. He has been charged with two counts of homicide, because the victim, Kenzie Houk, was eight and a half months pregnant and her unborn child also died. PLEASE WRITE IMMEDIATELY in English or your own language:

• Explain that you are not seeking to excuse the killing of Kenzie Houk;
• Highlight that international law prohibits life imprisonment without the possibility of parole for anyone who was under 18 years old at the time of the crime;
• Welcome the state’s decision not to appeal the Superior Court’s ruling;
• Call on the prosecution to meet its international obligation to ensure that Jordan Brown not be sentenced to life imprisonment without parole;
• Urge the prosecution to take the opportunity of the new transfer hearing to reconsider its position and drop its pursuit of a trial in an adult court.

PLEASE SEND APPEALS BEFORE 1 JUNE 2011 TO: Acting Pennsylvania Attorney General William H. Ryan Jr. Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120, USA Fax: +1 (717) 787-8242 Email: http://attorneygeneral.gov/contactus/ Salutation: Dear Acting Attorney General

And copies to Jordan Brown’s lawyer:
David H. Acker, Esquire 414 N. Jefferson Street New Castle, PA 16101, USA Email: David_Acker_Attorneyatlaw@hotmail.com Salutation: Dear Mr Acker

Also send copies to:
Mr David Huebner, Ambassador Embassy of the United States of America PO Box 1190, Wellington 6140 Fax: +64 (0)4 472 3537 Email: wellington.arc@state.gov Website: http://newzealand.usembassy.gov/ Salutation: His Excellency

Please check with your Urgent Action Team if sending appeals after the above date.