Teenager accused of New Carlilse murder asks for case to be dismissed
SOUTH BEND — A week after St. Joseph County prosecutors agreed to a request from Anthony Hutchens to let a judge, rather than a jury, decide his trial, the teenager is now asking for the molestation and murder case against him to be dismissed altogether.
In a Tuesday filing, lawyers for Anthony, who is accused of molesting and killing 6-year-old Grace Ross from New Carlisle in March 2021, say the boy's case was improperly moved to adult court earlier this year and for that reason, the charges should be dismissed.
The request now goes before St. Joseph Superior Court Judge Jeffrey Sanford, who has asked prosecutors to file briefs on the topic within the next month.
The motion to dismiss focuses on psychological evaluations Anthony underwent in 2021 in probate — or juvenile — court, but comes as the boy is going through another round of mental tests to determine his ability to stand trial in adult — or superior — court.
A trial date for Anthony has not been set and Tuesday's filing, the latest in a series of procedural motions, will likely delay proceedings further.
Motion to dismiss
Criminal charges can be dismissed for a variety of reason, though the state is usually the party that decides when a case cannot continue. However, Indiana law allows defendants to file for dismissal under certain situations, such as when the statute of limitations has passed or when the defendant has previously been charged with the same offense.
In Anthony's case, the boy's attorneys argue that the adult court lacks jurisdiction over the legal proceedings because the case never should have been waived to adult court in the first place. When St. Joseph Probate Court Magistrate Graham Polando ruled Anthony should be moved to adult court, the motion says, his decision was "not supported by the testimony and conclusions of the experts appointed by the court."
Before waiving Anthony to adult court in March, Polando had ordered two doctors to evaluate the boy to help determine if juvenile or adult court was the proper venue for the case. Anthony was 14 years old in March 2021 when Grace Ross was killed and told police after her death that a "shadowy man" controlled him and made him strangle the 6-year-old. He has since turned 15.
The reports of the doctors who evaluated Anthony in juvenile court are not public per Indiana statute, however Anthony's recent motion includes an excerpt from the evaluation of Dr. Jeffery Burnett who thought Anthony should not be moved to adult court.
"The evaluation thus suggests Anthony is likely amenable to treatment or other rehabilitative intervention that can reduce the risk for future violent ... behavior. Based on the information currently available to me, it is my opinion that Anthony is not beyond rehabilitation within the juvenile system," Burnett wrote.
Based on Burnett's evaluation, Anthony's lawyers argue the decision to waive the case to adult court was not "valid and appropriate" and thus the adult court doesn't have jurisdiction to try the matter.
The motion also cites a recent Indiana Supreme Court decision that calls into question the legality of juvenile cases being transferred to criminal courts.
On Wednesday, Sanford ordered the prosecutor's office to respond to Anthony's motion within 30 days. After reviewing the additional arguments, he could order the case be dismissed or overrule the motion and allow proceedings to continue.
Anthony is currently being held at the Robert J. Kinsey Youth Center in Kokomo after being transferred from the St. Joseph County Jail in May.
This article originally appeared on South Bend Tribune: Teenager charged with murder in New Carlilse asks for case dismissed
