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Gingerich reversal won’t get high court review

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A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.

The justices on Thursday unanimously denied transfer asked for by the state in the case of Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man. The Indiana Court of Appeals in December threw out the conviction for Gingerich, now 15.

“I’m very happy with this ruling,” Gingerich attorney Monica Foster of Indianapolis said Friday. “We came out of the appellate process 8-0, and that’s good momentum heading back to Kosciusko County.” Foster said she will continue to represent Gingerich pro bono in the new juvenile proceeding.

Gingerich pleaded guilty and was sentenced as an adult for his role as the younger co-defendant in the 2010 shooting death of Phillip Danner inside his home in Cromwell. Also convicted as an adult was Danner’s stepson, Colt Lundy, who was 15 at the time.

Kosciusko Circuit Judge Rex Reed ordered Gingerich sent to adult prison upon his conviction, but the Department of Correction used its discretion to instead send him to the Pendleton Juvenile Correctional Facility because of his size. Gingerich was 5-feet, 2-inches tall and weighed about 80 pounds at the time of his incarceration.

The case drew international attention because of Gingerich’s age and perceived injustice because, among other things, his defenders were allowed only five days to prepare for a waiver hearing from juvenile court.

“I think justice was done,” Foster said. “I think the appellate court worked very hard to resolve some difficult issues. … It’s time to do this thing right.”

Indiana Attorney General Greg Zoeller appealed the Court of Appeals’ reversal, and in a statement his office said it would aggressively support the new prosecution.

“Having exhausted the appellate remedies, we will continue to work with the Kosciusko County Prosecutor's Office in this difficult matter involving the violent taking of a human life by a juvenile,” said Bryan Corbin, spokesman for the AG’s office. “This offender’s age at the time of the crime prompted a necessary discussion about the rights of the accused, but no one should lose sight of the fact that there is still a deceased victim and the rights of crime victims also should be respected and protected.”

Read more about the Gingerich case in Indiana Lawyer.

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  1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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