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Judges reverse teen’s conspiracy to commit murder conviction

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The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.

In April 2010, Gingerich and 15-year-old Colt Lundy shot and killed Lundy’s stepfather and then took off for Arizona. Police apprehended them in Illinois. At the time of the murder, Gingerich was a little over 5-feet tall, weighed 80 pounds and was a sixth grader.

At the April 22, 2010, probable cause hearing, the court set a hearing on the state’s motion to waive juvenile jurisdiction for April 29. Gingerich’s attorney sought a continuance to allow time to prepare witnesses, obtain a psychological evaluation of Gingerich, and review exhibits and reports, but the trial court denied the motion for continuance.

At the hearing, Gingerich’s attorney again sought a continuance, which was again denied. A county probation officer testified that there was only one facility that could take a juvenile convicted of homicide. The officer misstated that there is no parole in the juvenile Department of Corrections and other facts pertaining to juvenile law. Gingerich and Lundy were waived into adult court and Gingerich eventually pleaded guilty to a lesser charge of Class A felony conspiracy to commit murder.

The Marion County Public Defender Agency and the Children’s Law Center filed amicus curiae briefs in the case. The MCPDA in its brief argued that a full investigation is a necessary and statutorily required prerequisite to a wavier, and that juveniles in Marion County who face being waved into adult court typically get at least three months to investigate and prepare for the hearing. The CLC also argued that juveniles should have time to prepare for a waiver hearing.

The state claimed, among other things, that Gingerich hasn’t shown that he was prejudiced by the denial of his continuance, and that by pleading guilty, Gingerich “tacitly admit[ted] that he could not have met his statutory burden.”

“We note that Ind. Code § 31-30-3-4 implicates valid liberty interests held by Gingerich. As he notes, Ind. Code § 31-30-1-1 vests ‘exclusive original jurisdiction’ in the juvenile court over a child who is alleged to, before becoming eighteen years of age, commit a delinquent act,” Judge Elaine Brown wrote for the court. “Also, Ind. Code § 31-30-3-4 provides for a ‘full investigation and hearing’ prior to juvenile jurisdiction being waived.

“Thus, at the outset of the filing of the delinquency petition Gingerich enjoyed the panoply of protections associated with being tried in the juvenile system, and he was entitled to a full investigation and hearing prior to the court ordering waiver. Accordingly, Gingerich’s liberty was at stake when the State moved to waive Gingerich into adult court.”

The judges ordered further proceedings on the matter consistent with their opinion, Paul Henry Gingerich v. State of Indiana, 43A05-1101-CR-27.
 

 

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  • Unconstitutional
    Most prosecutors are idiots and seek to convict at any cost without regard to guilt or innocence. Prosecutors lie, manufacture evidence, withhold evidence benefical to defendants even when they know that defendants are innocent, all under protection from lawsuits and prosecution. In effect prosecutors are above the law! WAKE UP AMERICA AND STAND UP AND SPEAK UP FOR JUSTICE

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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