INDIANAPOLIS – The attorney for a northern Indiana boy convicted at 12 as an adult of killing a friend’s stepfather is urging the state Supreme Court not to deny him a new trial.
Paul Henry Gingerich’s attorney filed a brief Monday asking the high court to let stand an Indiana Court of Appeals decision throwing out the child’s guilty plea and overturning his 25-year prison sentence. The attorney general’s office last month asked the Supreme Court to hear the case, and defense attorney Monica Foster is requesting they turn it down.
The state argued that Gingerich signed a plea agreement and waived his right to appeal.
But Foster argues the guilty plea was invalid because the case never belonged in adult court. The brief says a Kosciusko County judge rushed to judgment.