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Lady Cop
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 Posted: 09:15 pm

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this is reminding me of the lionel tate case. tate killed a little girl and was the youngest person sentenced to life in the country. tate's story is long and convoluted.

so here is a child who beat a baby to death with a baseball bat. if he is tried as an adult and not found to be insane, he could also face life. should juveniles be sentenced to life sentences in your opinion?

12-year-old charged with killing toddler with bat

Posted on Sun, Jan. 06, 2008
A 12-year-old Lauderhill,  florida boy has been charged with first-degree murder in the baseball beating death of a toddler who was left in his care, authorities said Sunday.

The boy, who was arraigned in juvenile court Sunday, had been left alone with his 10-year-old brother and a 17-month-old girl at a Lauderhill home on Friday, authorities said. The 12-year-old became upset because the toddler was making noise while he was trying to watch TV.

The 12-year-old grabbed a baseball bat and struck the little girl several times in the head, according to Lauderhill police spokesman Lt. Mike Cochran.

About 1:15 p.m., someone called 911 saying the toddler had difficulty breathing. When Fire Rescue arrived, the child was not breathing and was rushed to Plantation General Hospital. Police said the little girl, Shaloh Joseph, died of blunt force trauma to the head. The boy is charged as juvenile at this time and is being held in juvenile detention. Judge Martin Dishowitz found enough reason on Sunday to keep the boy locked up despite the his family's plea to release him. In court, the boy's family argued that he has no previous history of violence or criminal record.

''He's not a violent kid,'' his mother said. ``He's afraid of the police.''

A hearing was date was set for Jan. 22.


LILLY ECHEVERRIA / MIAMI HERALD STAFF
Guerla Joseph cries in court Sunday morning. Her son is accused of killing a 17-month-old with a baseball bat.


 






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 Posted: 09:43 pm

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Thats a tough one LC.

I have a hard time believing any sane 12 year old would not realize the results and consequences of taking a bat to a babies head.

On the other hand, it's hard to wrap your brain around the thought of sending a 12 yr old to prison for the rest of their life.

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 Posted: 09:49 pm

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dazdncnfsd wrote: On the other hand, it's hard to wrap your brain around the thought of sending a 12 yr old to prison for the rest of their life.

It's not hard for me at all.  If this kid did this, lock his ass up till he's 18, then fry him.  Times like this I wish the firing squad was still a method of execution.  Or hanging.




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 Posted: 09:52 pm

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I have a problem with letting a 12 yr old watch a toddler. If something happened such as swallowing something that gets stuck in the toddlers windpipe how can a 12 yr old be expected to help. I have to admit some 12 yr olds are mature for their age then again most are not. They seem to distracted in their own world to have any sense of responsibility. In this day and age kids that age just do not have the responsibility to babysit. With all the violence on T.V. and in games nowadays how does an adult expect a 12 yr old to act, it's not like it was when children were not so openly exposed to violence as if it was O.K. to kill. This may very well take on all different forms of child mindless acts in the future.

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 Posted: 01:27 am

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i plan to track this case, first thing to be determined is if he will be tried as an adult. his mother said he wasn't violent, but taking a baseball bat to a child's head doesn't spring up suddenly out of nowhere.





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 Posted: 02:33 am

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Parents always see their kids as perfect little :littleangel: who don't terorize other kids and animals. Or beat kids on the head with a baseball bat.

Definatly did not come out of nowhere.  He had to see it somewhere.  But you know his defense lawyer is gonna blame it on his environment, violence on TV, in games, in his neighborhood  :blah::blah: .  Maybe any of the above may have contributed, but alot of kids are exposed to the same stuff in life, and turn out just fine, thank you very much.




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 Posted: 03:30 am

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Savage crime he confessed he knew right from wrong. I'm with UTR on this one lock him up for the rest of his life. He could have called for help instead of taking and bat and beating her head in till she died.




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 Posted: 09:40 am

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Boy: I didn't use bat on tot
Boy accused of killing toddler tells child-abuse investigator the girl was getting him in trouble with the grown-ups.

Posted on Wed, Jan. 16, 2008
The 12-year-old boy charged with killing his cousin told a child abuse investigator he hit the toddler with ''his fingers and hand'' because she did ''bad things'' to him to get him in trouble with the adults in his family.

The boy, who is accused of killing 17-month-old Shaloh Joseph on Jan. 4, told an investigator with the state Department of Children & Families that he had to baby-sit both the toddler and his 10-year-old brother for about 12 hours each day while his mother and the toddler's parents went to work during the winter break from school.

Shaloh angered the boy because she played with his computer and ''messed up the TV,'' the boy told an investigator, sources with knowledge of the case told The Miami Herald. He told the investigator that Shaloh's father ''blamed him'' for things the toddler did, and repeatedly reprimanded him for not watching her properly.

The boy has been in juvenile detention since shortly after Shaloh died, and prosecutors in the Broward state attorney's office have yet to decide whether to try him in juvenile court or file charges against him as an adult.

In juvenile court, he would be eligible for release at age 21, and may be more likely to receive treatment. Some community leaders have argued the case for keeping him there, and even Shaloh's parents do not want him charged as an adult.

''They would prefer that the state attorney not prosecute,'' said Jahra McLawrence, a Fort Lauderdale attorney representing Ocnel Joseph and Merlande Alexis, Shaloh's parents. ``And if they do, they ask that the case would remain in the juvenile justice system.''

Lauderhill police said the boy confessed to beating the toddler with a baseball bat kept in the home. But in his statement to the DCF abuse investigator, the boy insisted he was tricked into admitting he wielded a baseball bat.

In his interview with DCF, the boy said detectives told him that he ''would get permission to go home'' if he told the truth, sources said. Instead, the boy told the investigator, he told a lie. The boy told the investigator he was told ``he was not going home.''

One of the boy's lawyers, Assistant Public Defender Sandra Perlman, said she could not discuss details of the case. But she questioned whether the youngster was developmentally capable of providing the consent necessary to be interrogated by police.

`MENTAL CAPACITY'

''The law says that it is questionable whether a 12-year-old has the mental capacity to waive Miranda rights, or even to give a statement to police,'' Perlman said. ``I don't know the circumstances surrounding the statement given to police -- and whether it was obtained lawfully or unlawfully.''

Perlman said her office has asked for a copy of the statement, but had not yet received one.

That and other reports have not been made public because the investigation is ongoing.

Police defended their questioning of the boy.

''I am comfortable knowing that they did a good job in this case,'' Lauderhill police spokesman Lt. Mike Cochran said. ``All of our officers either have small kids or have small children in their family like everyone does. We are all compassionate human beings.''

The DCF investigation is not the boy's first contact with Florida's child welfare agency, according to sources.

In June 2002, DCF received a report from the Sunrise Police Department that the boy, then age 7, had molested a younger boy, sources told The Miami Herald. The younger boy told police the older boy ``was trying to do something nasty to me.''

The boy told police investigating the 2002 incident that he was simply ''acting out'' behaviors he had seen on pornographic videos his father kept in the house. The boy told DCF that his father hid the porn in his washing machine, and the boy would retrieve the tapes and watch them.

The boy's father could not be reached for comment.

The family was referred to a sex abuse center for treatment, and the case was closed.

The boy also came to DCF's attention in August 1997, when he was a toddler himself, after he ran into traffic in front of an Immokalee courthouse and nearly got hit by a cab.

The boy's mother was at the courthouse that day to face domestic violence allegations stemming from an altercation she had with her estranged husband. The argument erupted over money, and the mom told DCF her husband ''pushed her around the bedroom and broke some of the furniture'' before a neighbor called police.

MOTHER ARRESTED

The boy's father, who had blood on his leg,'' told police the mom was the aggressor, and she was arrested. The mom told DCF her husband hurt himself breaking the furniture. The investigation ended with no findings that the boy, or his then-baby brother, was abused or neglected.

Whether or not the boy, his brother and Shaloh were properly supervised during the Christmas holidays is at the center of DCF's current investigation, as well.

McLawrence said the three children were not alone in the home the day Shaloh died.

He said the Josephs left Shaloh with an adult female baby-sitter who lives in the home, but the baby-sitter left. However, a male boarder in the house was home, McLawrence said.

''At all times, there was someone of adult age in the home,'' McLawrence said.

Lauderhill police said the children were at the single-family home alone when the incident occurred.

''The juveniles were not with an adult,'' Cochran said.

Prosecutors are under significant pressure to keep the case in juvenile court.

In a Jan. 13 letter to State Attorney Michael Satz, Marsha A. Ellison, president of the NAACP's Fort Lauderdale chapter, said the U.S. Supreme Court had forbid the use of capital punishment on children, adding: ``Life in prison without parole is a different kind of death penalty.''

BOY DEFENDED

''Twelve-year-olds are not adults intellectually and emotionally and are not capable of making the same kinds of mature adult decisions that we expect grown-ups to make,'' Ellison said. ``This is why we have a juvenile system to rehabilitate minors and to help them distinguish between right and wrong.''

Wrote Dennis Wright, president of 100 Black Men of Greater Fort Lauderdale: ''This is a horrific situation, and our hearts go out to the family of the victim.'' He added: ``The accused is not necessarily a murderer. While the juvenile justice system is not perfect, it will provide far more opportunities to rehabilitate him than the adult system.''

Shaloh's funeral is scheduled for Thursday.





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 Posted: 09:31 pm

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Lots of blame all the way around in the case. The entire family should be locked up.

The 12 year old killed this 17 month old baby girl with a bat. He says he did it with his hands. I'm sure if there was a bat there it has been tested for blood and DNA.

If he did it with his hands it is still a brutal killing either way. Try him as an adult he is a pathological liar from what I can tell already.




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 Posted: 05:45 pm

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Hearing held for suspect in tot's beating death

Posted on Fri, Jan. 18, 2008

::rose::





PROVIDED TO THE MAIMI HERALD
Shaloh Joseph, beaten to death, police say, by a 12-year-old boy who was babysitting her.

Shaloh Joseph, 17 months, died on Jan. 4.
Lawyers for the 12-year-old boy accused of beating a toddler to death with a baseball bat asked prosecutors in court Friday to make sure members of the grand jury -- should they be given the task of deciding how to charge the youth -- be assured that they have the option of keeping him in the juvenile system.

The arguments came nearly two weeks after the Lauderhill boy was arrested for first-degree murder in the death of Shaloh Joseph, his cousin. He has been held in juvenile detention since.

The boy, whom The Miami Herald is not naming because of age, appeared in court wearing dress pants, a long-sleeved white shirt and a white tie. He sat between his lawyers, who each placed a hand on his shoulder as he stood in front of Broward Circuit Judge Charles Kaplan. As the hearing ended, the boy and mother started crying loudly.

Community activists have sent letters to the Broward state attorney's office urging prosecutors to keep the case in the juvenile system instead of treating the boy as an adult.

And Shaloh's parents, Ocnel Joseph and Merlande Alexis, asked that the boy not be prosecuted. If prosecutors were to file charges, they asked that the boy be treated as a juvenile. They and their attorney were set to meet with prosecutors Friday afternoon, the day after the girl's funeral. They also scheduled a news conference for 3 p.m. Friday to talk about their wishes in the case.

''The family has reasoned that they have already lost one child and do not want to lose another,'' their attorney, Jahra McLawrence, wrote in a press release.

The case has drawn widespread comparisons to that of Lionel Tate, who was 12 in 1999 when he was arrested and charged as an adult for beating a playmate to death. At 14, he was believed to be the youngest person sentenced to life in prison in the United States.

An appeals court overturned the conviction and Tate pleaded guilty to a lesser charge that allowed him to leave prison. Now 20, he is back in prison, accused of robbing a pizza delivery man. Though he is awaiting trial on the robbery, he was sentenced to 30 years in prison for violating his probation.

The latest case has refocused attention on Florida's juvenile justice system, which critics say is flawed for providing too few options to prosecutors.

 





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 Posted: 11:56 pm

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Boy accused of killing tot deemed incompetent

Posted on Mon, Mar. 10, 2008
 
Psychologists found the 12-year-old boy accused of killing his toddler cousin with a baseball bat incompetent to accept a plea deal arranged by his attorneys and state prosecutors.

Broward Circuit Judge Charles Kaplan ruled Monday that the boy would have to stay in a juvenile detention center until he is reevaluated.

''He is very close to being competent, but there are some issues,'' said Assistant State Attorney Maria Schneider.

Under the plea deal offered by the Broward state attorney's office, the boy would plead guilty to second-degree murder charges in the juvenile system and receive a penalty of no more than three years in a maximum-risk residential facility followed by probation.

His attorneys have suggested the boy accept the plea deal, but psychologists say the boy is incompetent because of his age and immaturity.

He will be evaluated again in 60 days.

The boy was arrested Jan. 5 on charges in connection with the death of his second cousin, 17-month-old Shaloh Joseph.

Police said he was alone with the girl and his 10-year-old brother on Jan. 4 when he allegedly beat the toddler at her Lauderhill home with a baseball bat because her crying interrupted his viewing of a television program.

Prosecutors charged him with second-degree murder last month. He pleaded not guilty.

Monday, Schneider asked the judge to sign an order that would transfer the boy to a secure juvenile facility. He would undergo therapy and counseling to better understand what is happening in the case, said Assistant Public Defender Gordon Weekes.

''They will treat him while the case is pending,'' Weekes said. ``He will be there until the point where he can make his own decisions.''

''That may take three months or 18 months. Who knows?'' Weekes said.

The transfer to a facility is typically done when juvenile offenders don't understand criminal proceedings, said Bernard Perlmutter, director at the University of Miami's Children and Youth Law Clinic.

''This is standard operating procedure,'' Perlmutter said. ``He can't accept the plea deal until the court declares he is competent. At this time, he doesn't understand what is happening.''

The 12-year-old will be transferred as soon as one of the chosen facilities has the space and can accommodate him, Weekes said. The facility may not be in South Florida.

The boy, dressed in a black collar shirt and black pants, sat behind a security guard in court facing a wall. His hands were cuffed, but he played with his bright red tie.

The boy's mother, Guerla Joseph, begged the judge to let her son go. She said she would rather be locked up in jail than see her son detained.

''My future is gone, but his isn't,'' she said. ``He is innocent. I feel it. I know it.''

Joseph stood by the boy's attorney. Her hair was gently pulled back. She wore a brown suit with a gold floral scarf draped over her shoulder.

She spoke firmly as she told the judge he holds the keys to her son's future.

''My son shouldn't have to go for any treatment. He will have no future there,'' Joseph said. IS THIS MOTHER INSANE??? ``He should be in school. He should study. He should have a life.'' so should the baby he killed.

Although sympathetic, the judge signed the order.






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 Posted: 12:25 am

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With all the violence on T.V. and in games nowadays how does an adult expect a 12 yr old to act, it's not like it was when children were not so openly exposed to violence as if it was O.K. to kill.

Watch out with that opinion (with which I agree, BTW)  you'll really set off some of the people around here.

Remember when you were 12?  yeah, I don't remember that very well either, which tells me I wasn't too on the ball.

But I'm pretty sure that I knew the difference between right and wrong.

Why is it Murder 1, LC?  Isn't that premeditated?




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 Posted: 12:39 am

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being found incompetent, it will be a reduced charge. he continues to be evaluated.





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 Posted: 02:59 am

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Do I remember when I was 12 years old ?

Yeah why shouldn't I ?, unless you had a serious drink or drug habit since then why wouldn't you ?

I had a clear sense of right and wrong by that age and could never even contemplate what this little bastard has done to that little girl.

As soon as he turns adult age he should be killed, I have absolutely no sympathy or understanding for him.

He obviously has a murderous streak that can only get worse and his incarceration will probably only increase it.

The sentence has to be death.     

 


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 Posted: 03:04 am

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well he isn't eligible for death penalty. which i know you know!:D

heck, when i was 12 i cried like a little girl because i dropped a turtle and broke his shell!