An 11-year-old charged with attempted murder and rape will be held in custody until her next court hearing.
On Monday, Cuyahoga County Juvenile Court Judge Kristin Sweeney decided that the girl would be held at the Cuyahoga County Juvenile Detention Center. She had previously been on home arrest and appeared in court with an ankle monitor.
After Sweeney’s verdict, a deputy shackled the girl and brought her away. One of the girl’s relatives wept after Sweeney’s decision.
The 11-year-old is one of two young children charged with the September 13 attack and gang-rape of a five-year-old autistic girl on Cleveland’s East Side. The defendants are charged with attempted murder and rape. She and her co-defendant both rejected the charges.
The killing horrified neighbors on East 148th Street since the victim was so young and the act was so horrific. According to the police complaint, the woman was strangled and urinated on, with her clothes taken off, her braid torn out, and her skull beaten with a rock.
The decision followed a March 31 hearing in which Sweeney determined that the 11-year-old and her 9-year-old codefendant are not mentally competent to stand trial. During the March hearing, experts informed Sweeney that the defendants may have been underestimating their IQ or had been taught prior to their assessments.
“The court has never seen a competency hearing like it…with two evaluators detailing total non-compliance with answering the questions,” Sweeney stated on Monday.
Cuyahoga County Assistant Public Defender Caitlyn Idoine, who is representing the 11-year-old girl, requested that Sweeney allow her client to remain at home until she is competent to stand trial.
Idoine acknowledged the gravity of the situation, but stated that a doctor concluded her client had the maturity of a seven-year-old and that incarceration might have long-term consequences.
“Placing her in detention would not be in this child’s best interest…she’s a very young child,” Idoine replied. “We would urge the court to consider the impact of putting someone so young in the detention center, surrounded by much older people.”
Cuyahoga County Assistant Prosecutor Oscar Albores argued that the 11-year-old should be detained until she is competent to stand trial, which he claimed is important to keep the community safe.
Sweeney concurred, describing the case as “extraordinary.” She stated that her choice to imprison the girl was decided only after searching for an alternative that was more restricted than the girl’s home but less so than a detention facility.
It is not uncommon for a preteen to be put in a juvenile prison facility when facing serious accusations.
“There is also a 12-year-old girl on my docket downstairs,” Sweeney stated. “She would incredibly have an age-appropriate peer down there in the detention center right now.”
Sweeney decided that the girl will be held in detention while court-appointed officials determine whether she is mentally competent to face trial. The next court date has yet to be scheduled.
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