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July 10, 2008

Ruling: Family Court has jurisdiction in 'gap kid' cases

PROVIDENCE -- The state Supreme Court ruled this morning that the state Family Court has initial jurisdiction over the case of a 17-year-old Barrington youth facing a murder charge and another so-called "gap kid" who was charged as an adult during a brief change in the state law.

The high court upheld a Superior Court judge's decision and rejected the Attorney General Patrick C. Lynch's argument in ruling that the indictment of Ryan Greenberg should be held in abeyance until the Family Court holds a hearing and decides whether it will waive its jurisdiction over him.

The court also ruled that the misdemeanor assault case of Harold Chartier be transferred to Family Court.

Some 500 "gap kids" were charged as adults during the 130 days that the state treated 17-year-olds as adults.

The Supreme Court ruled directly only on the cases of Greenberg and Chartier, but it said it would attempt to issue a mandate through its ruling on the handling of the other youths and expected those cases to be resolved through stipulations.

In July 2007, the General Assembly adopted Governor Carcieri’s budget proposal to save money by treating 17-year-olds as adults in criminal matters. But the move didn't save money, and on Nov. 7 the Assembly repealed the law, without making the repeal retroactive.

That left the courts facing questions on how to treat those youths. The attorney general said he would prosecute them as adults, but the high court today ruled that the Family Court never lost jurisdiction.

"The Family Court is the last barrier separating the child from the adult criminal justice system, and a decision to waive jurisdiction over a juvenile is not to be undertaken lightly," the court said in its opinion.

It continued," After careful review of the record in the Greenberg case and examination of settled law with respect to delinquent children, we are satisfied that, whatever the crime charged, the prosecution of a child under the age of eighteen is controlled by title 14 of the General Laws and jurisdiction rests, in the first instance, in the Family Court, subject to a waiver of jurisdiction over the child in accordance with the statute."

Greenberg, who is charged in the boating death of a fellow teen, could still face charges in adult court, if the Family Court waives jurisdiction.

Attorney General Patrick Lynch issued a statement late this morning, saying, "We are resolute and fully prepared to go back to Family Court and move quickly to seek waivers on the indicted cases."

Read the decision.

Posted by Jack Perry  at 12:04 PM | Permalink

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